1985 election certified - Citizen Potawatomi Nation · Bulk Rate U.S. Postage PAID Tecumseh. OK...

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..... ' Bulk Rate U.S. Postage PAID Tecumseh. OK Permit No. 26 Vol. 7 No.7 Citizen Band Potawatomi Tribe August 1985 1985 election certified Tribe makes training donation HIP applications being taken program are not eligible fnr the 1986 program. For further inform:\lion all applying for HIP assistance contact the Citizen Band Po'awatomi Tribe. on S. Beard Street, across fron; Mission Hill Hospital. also been active in Olher community· related activities recently, including participation in Shawnee's Santa Fe Days and Tecumseh's Frontier Days celebrations. Tribal employees parlicipating on behalf of the CHR Program offered blood pressure testing and glucose screening to area residents. Pictured: Pottawntomie Count)' Sheriff Paul Abel (left) accepts the nrst responder training donation from CHR Director Ken Cadaret and Tribal Chairman John Barrett. Applications arc currently being accepted for the 1986 Citizen Band Potawatomi Home Improvement Program (HIP). Applicants must be Indian, have a maximum family of less than '12.000 and be living in substandard housing. Persons alreadv served bv the HIP The Citizen Band Potawatomi Tribe's Community Health Representative (CHR) Program recently donated $2,585 worth of training and supplies to the PoltawalOmie County Sheriff's Department. Eleven "first responder" lraining slots for sheriff' 5 deputies and "firs' responder" supply kits. donated by 'he tribe. will help assure area residents that deputies arc rralned to handle medical emergencies until advanced medical assistance nrrivcs. The lribal CHR Program has Continued Page 8 calldidales in his c(lmpaigl1 publication. III a hearing 011 the reques{ for ::I order held on July 30. Lujan ruled that successful Barrett. Davis ami Levier had be-ell properly ill office. according ro mandates ill lhe lribal constillltion and Iribal election ordinancC'. During the- hearing. fonner Chairman leon Brullo testili('d thai he personally had sought out CFll Cour, .Judge Lil\l, l l'Cncc \oVahpepah tu .,wear in newly elected 'officials at the .J une 29 General C{JUnc,iI lIleeting. Brullo was third ill a three-way r:H:e for tribal chairman. ""hidl Barret! Wl)ll by a 22·\'ote margin over Schoemal1l1. . 'Therc is 110 provision in the elc('tion ordinance for 11011· installation," said who WCIlI on to define the differences between "installation" and "certification" of officers. He ruled lhal the new officers were installed ill conformance with cOllstitutional and ordinance provisions but that the election \vould not be certified until all appeals had been heard and ruled 011. On August 20. a two-and-half hour hearing was held on the suit brought against Ihe Election Commillee. Judge Lujan See Page 8 men? The Citizen Band POlawah.lmi tribal election of 1985 has passed all court tests brought it by losing i.lnd has received Ihe of approval vI" CFR Court Judge Phillip Lujan necessary for 1he (crt ilkation 01 winning candidates. Several of the defc<\lcd candidates in lhe 1985 electiun had appealed the election tu the Election Committee. ill a prOt'CdUfC provided for in the election onlinancc. When the Electiun Committee refused to overturn tlte eleclion resulls. defeated candidates John SChOCI11JlI1l and Richard Whitecotton filed suit in CFR Court attempting to gel an injunction preventing newly- elected Chairman John Barret( and Business Committee members Bob Davis and Dr. Francis Levier from assuming their duties as elected officials. Schocmann. Whilccotton and former Chairman Leon Bruno also brought suit against rhe (rib;11 Election Committee. claiming several violations of the election ordinance and "unfair influencc" of tribal members by Barretl's publication of privately mailed campaign literature. The suit against the Election Committee also charged that" tort had occurred when the secretary- treasurer and vke chairmnn of the tribe endorsed Barren's slate of

Transcript of 1985 election certified - Citizen Potawatomi Nation · Bulk Rate U.S. Postage PAID Tecumseh. OK...

Page 1: 1985 election certified - Citizen Potawatomi Nation · Bulk Rate U.S. Postage PAID Tecumseh. OK Permit No. 26 Vol. 7 No.7 Citizen Band Potawatomi Tribe August 1985 1985 election certified

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Bulk RateU.S. Postage

PAIDTecumseh. OKPermit No. 26

Vol. 7 No.7 Citizen Band Potawatomi Tribe August 1985

1985 election certified

Tribe makes training donation

HIP applications being takenprogram are not eligible fnr the1986 program.

For further inform:\lion allapplying for HIP assistancecontact the Citizen BandPo'awatomi Tribe. loca":~d on S.Beard Street, across fron; MissionHill Hospital.

also been active in Olhercommunity·related activitiesrecently, including participation inShawnee's Santa Fe Days andTecumseh's Frontier Dayscelebrations. Tribal employeesparlicipating on behalf of the CHRProgram offered blood pressuretesting and glucose screening toarea residents.

Pictured: Pottawntomie Count)'Sheriff Paul Abel (left) accepts thenrst responder training donationfrom CHR Director Ken Cadaretand Tribal Chairman John Barrett.

Applications arc currently beingaccepted for the 1986 Citizen BandPotawatomi Home ImprovementProgram (HIP).

Applicants must be Indian, havea maximum family inco~ of lessthan '12.000 and be living insubstandard housing. Personsalreadv served bv the HIP

The Citizen Band PotawatomiTribe's Community HealthRepresentative (CHR) Programrecently donated $2,585 worth oftraining and supplies to thePoltawalOmie County Sheriff'sDepartment.

Eleven "first responder"lraining slots for sheriff' 5 deputiesand "firs' responder" supply kits.donated by 'he tribe. will helpassure area residents that deputiesarc rralned to handle medicalemergencies until advancedmedical assistance nrrivcs.

The lribal CHR Program has

Continued Page 8

calldidales in his c(lmpaigl1publication.

III a hearing 011 the reques{ for ::I

rC~lrail1ing order held on July 30.Lujan ruled that successful~:\I1didates Barrett. Davis amiLevier had be-ell properly inswlk~d

ill office. according ro mandates illlhe lribal constillltion and Iribalelection ordinancC'. During the­hearing. fonner Chairman leonBrullo testili('d thai he personallyhad sought out CFll Cour, .JudgeLil\l,l l'Cncc \oVahpepah tu ..,wear innewly elected 'officials at the .J une29 General C{JUnc,iI lIleeting.Brullo was third ill a three-wayr:H:e for tribal chairman. ""hidlBarret! Wl)ll by a 22·\'ote marginover Schoemal1l1.

. 'Therc is 110 provision in theelc('tion ordinance for 11011·

installation," said Luj~ln. whoWCIlI on to define the differencesbetween "installation" and"certification" of officers. Heruled lhal the new officers wereinstalled ill conformance withcOllstitutional and ordinanceprovisions but that the election\vould not be certified until allappeals had been heard and ruled011.

On August 20. a two-and-halfhour hearing was held on the suitbrought against Ihe ElectionCommillee. Judge Lujan

See Page 8men?

~',

The Citizen Band POlawah.lmitribal election of 1985 has passedall court tests brought ~gninsl itby losing (:~lnclidalcs i.lnd hasreceived Ihe ~{'al of approval vI"CFR Court Judge Phillip Lujannecessary for 1he (crt ilkation 01

winning candidates.Several of the defc<\lcd

candidates in lhe 1985 electiun hadappealed the election rC~lIhs tu theElection Committee. ill aprOt'CdUfC provided for in thetrib~r1 election onlinancc.

When the Electiun Committeerefused to overturn tlte eleclionresulls. defeated candidates JohnSChOCI11JlI1l and RichardWhitecotton filed suit in CFRCourt attempting to gel aninjunction preventing newly­elected Chairman John Barret( andBusiness Committee members BobDavis and Dr. Francis Levier fromassuming their duties as electedofficials. Schocmann. Whilccottonand former Chairman Leon Brunoalso brought suit against rhe (rib;11Election Committee. claimingseveral violations of the electionordinance and "unfair influencc"of tribal members by Barretl'spublication of privately mailedcampaign literature. The suitagainst the Election Committeealso charged that" tort hadoccurred when the secretary­treasurer and vke chairmnn of thetribe endorsed Barren's slate of

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For the record • • •Business Committee Minutes

July8, 1985PRESENT: Chairman John Barretl. Vice Chairman Doyle Owens,Secretary-Treasurer Kenneth Pe!_ier. Committeeman Bob Davis. Com­mitteeman Dr. Francis Levier. Assistant Administrator Pat Sulcer.Grievance Committee Members Beverly Hughes. C.B. Hitt, DennisDuvall and CFR Court Judge Lawrence Wahpepah. Mrs. Wahpepah.

Chairman John Barrell called the meeting to order at 7 p.m.Minutes of the June 30, 1985 Business Committee meeting were read.

Dr. levier offered onc correction to the minutes. noting that he had abs­tained on the motion to appoint him tribal administrator. Corrected voteshould read 3 in favor. 1 absent. 1 abstention. Bob Davis moved to ac­cept the corrected minutes; Kenneth Peltier seconded. Motion passed5·0.

Chairman Barrett announced the next order of business would be theswearing-in of the newly elected Grievance Committee members. Chair­man Barrett read Article 8 of the new tribal constitution to the GrievanceCommittee members clarifying their role as an investigative arm of thetribe. CFR Court Judge Lawrence Wahpepah then swore in BeverlyHughes. Dennis Duvall and CB, Hit! as (two year term) GricvanccCommittee members.

Chairman Barrelt then issued an open invitation to the newly electedGrievance Committee to attend any and all meetings of the BusinesCommittee in order to keep abreast of decisions and issues.

Chairman Barrett addressed the Grievance Commiltce on (he issue ofmaking Business Committee members administrative employees of thetribe. The Chairman explained that in Ihe early days of BIA interferenccwith tribal governments. tribes had been encouraged LO hire outsiders,run their tribes - based on the BIA opinion that Native Americanswere not qualified or experienced enough to fill administrative posi­tions. The Chairman further explained that the new Business Commit­tee members had run on - and were elected on - the platform thatthey were the most eduC'3ted. experienced candidates to rUJI the tribe'saffairs - and that thaI was what they intended to do, The Chairman alsoexplained that nearly all of the federally recognized tribes paid theirelected officials to run the adminislradon and business affairs of thetribe.

The Assistant Administrator's report {Q the Business Committee wasread. Items of importance included: publication of the How iKan willbe July) 1. 1985; intradepartmental terminations due to adminstraativereorganization; parking lot completion under HUD grant: Schoemannlibel suit hearing scheduled for July 15: resignation request sent toSteve Parker; regional meetings report - all eight Business Committeeand Grievance Committee members are interested in attending tirstregional meeting; typesetting equipment has been ordered and will bepaid for by an S1800 grant from the Presbyterians.

A request from Potawatomi Chief of Police Nick Peltier for compensa­tion for 192 hours of camp time was heard. Doyle Owens moved to ap­prove monetary compensation to Peltier to be divided between threeequal payments; Bob Davis seconded; morio" passed 3-0; John Barrelland Kenneth Peltier abstaining.

Pot. Resolution No 86·)66 was amended to read; "A resolution adop­ting administrative procedures allowing elected tribal officials to func­tion as administrative personnel. giving them full authority to ad­ministor tribal programs under specific administrative guidelines."Francis Levier moved to adopt the amended resolution: Doyle Owensseconded: motion passed 5-0. The new resolution will be number Pol.No, 86·166A.

Doyle Owens moved to accepl POI. Resolution 0.86-167 "Authoriz­ing per diem payment for Grievance Committee meetings on an as need­ed basis." Kennelh Peltier seconded the motion; motion passed 5-0.

Francis Levier moved to reappoint Doyle Owens to the tribal scholar·ship foundation: Bob Davis seconded: motion passed 4·0. Doyle Owensabstained.

Doyle Owens moved to approve Pot. Resolution No. 86-1<>8 "Appoin­ting Bob F. Davis, Business Committee member. to the prosthesis com­mittee and removing a present member (Richard Whitecotton)"; Fran·cis Levier seconded (he motion; motion passed 4·0. Bob Davis Abstain·ing.

Discussion was held on the possibility of establishing a tribal educa­tion foundation, staffed by volunteer tribal members. that would assisttribal members in searching out alternative funding sources for educa­tional expenses.

Dr. Levier gave a report on Finley & Cook (CPA 's) analysis of thetribal accounting and computer systems. For a monthly fee of SS500Finley & Cook will complete the computer accounting_system and haveall departmental budgets on a daily update system by August 1. 1985. In­cluded in the monthly charge will be services and communications withthe Inspector G~neral's office. indirect cost negotiations and full con­solidation of the tribal bOOkkeeping/accounting systems. Business Com­mittee consensus was to have Dr. Levier draft a contract with Finley &

Cook for a one year period, at the end of which. re-evaluation andrenegotiation could take place. Kenneth Peltier so moved: Doyle Owensseconded; motion passed 5-0.

Discussion was held on the new Bingo contract. Enterprise Manage­ment Consultants. Inc. is currently paying the tribe on the tenth of everymonth. Tribal police are responsible for hcad counts at thc Bingo hall atevery session.

Di'scussion was held on the possiblity of establishing employeeachievement/incentive awards. Dr. Levier will draft a plan.

Discussion was held .on the purchase of Maranatha property 10 housethe HUD pilot project elderly housing complex, Approval was grantedfor the purchase of the property abstract.

Dr. Levier reported thai the air conditioning in the Fire Lodge was notadequate for the senior citizen activities held there. Consensus was toput Ihe equipment/service needs of the Fire Lodge up for competitivebid.

Discussion was held on implementing a Potawatomi Preference Pro­curement Policy. Dr. levier will draft a resolution for presentation to theBusiness Committee.

Doyle Owcns moved 10 repeal Pot. Resolution No, 84·73: KennethPeltier .econded, Motion passed 5-0. (Resolution pertained to employ·ment of Business Committee members).

Francis Levier moved to repeal Pot. Resolution No. 84·7B (authorizingSteve Parker to act on behatf of the tribe): Kenneth Peltier seconded:Illotion passed 5-0.

Doyle Owens moved to accept Pot. Resolntion No, 86-169 authorizingWIC funding: Pot. Resolution NO. 86-170 authorizing ICWA fundingand Pot. Resolution No, 86-171 authorizing funding for the ConsolidatedTribal Governmental Program for fiscal year 1986. Bob Davis secondedthe motion: passed 5-0.

Bob Davis moved to donate SilO to the Potawatomi Softball Team forexpenses. Doyle Owens seconded the motion; passed 5-0.

Consensus decision was that funds from the Bingo head-tax should begoing into the Tax Commission account rather than General Account.Francis Levier will make C'hanges.

Doyle Owens moved to establish a Tax Appropriations SUbcommittee.composed of Business Committee members. to determine tax appropria.lions from business revenues allocated to the general tribal operatingfund. Bob Davis seconded: motion passed 5-0.

Discussion was held on a tribal member's request thai the tribe adopther grandchild. Since the child does not fall within the blood degreeguidelines for Citizen Band Pota\..'atomi enrollment. it was the BusinessCommittee consensus that the tribal Indian Child Welfare worker shouldbe advised that she may assist the tribal member with the courtauthorilies but thai the tri'bal constitution prohibits the child's adoptionby the Iribe.

Meeting adjourned at to:IO p.m.

Business Committee MinutesJuly 19, 1985

PRESENT: Chairman John Barrett. Vice Chairman Doyle Owens.Secretary/Treasurer Kenneth Peltier. Business Commiltceman BobDavls. Business Commilteeman Dr. Francis Levier, Assistant Ad­ministrator Pat Sulcer

Meeting called 10 order al 3: 15 p.m,Doyle Owens moved to waive the reading of the last minutes until the

next scheduled meeting. Francis Levier seconded. Motion passed 4-0:one abslentioll.

Kenneth Peltier moved to hire Finley and Cook to perform programwork on tribal rolls and to allow them access to changes. Estimated worklime will be 100 hours at a rate of S32.50 per hour, Doyle Owens second­ed the motion: passed 5·0.

Francis Levier moved that Toby Kinslow be assigned to research ac­quisition costs on a System 38 and examine earnings potential for same.Kennelh Peltier seconded: motion passed 5·0.

John Barrett moved to appropriate SIOO to Andy Bradford for ex­penses incurred by the Potawatomi Softball Team. nOling that "This isthe last of the softball money." Doyle Owens seconded the motion:passed 4-1. one abstention.

Kennelh Peltier moved to adopt Pot. Resolution No. 86-172 allowing"Michael Minnis of the law firm of Pierson, Ball and Dowd, be relainedunder the auspices of Steven Parker's attorney contract (presently undertermination notice) to represent the Citizen Band Potawatomi TribalElection Committee in CFR Court actions arising out of appea's underthe Election Ordinance as applied in the election of June 29,1985." Theresolution refers to action brought by defeated candidates RichardWhitecotton and John Schoemann. Doyle Owens seconded the motion;passed 5-0.

Francis Levier moved to adjourn the meeting at J:30 p.m, Do\"leOwens seconded the motion; passed unanimously.

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Page 1

Supreme Court rules on jurisdiction

Fellow Tribal Members:Because the Citizen Band

Potawatomi Tribe operates nearly53 million of governmentcontracts. more than '2 million oftribal enterprises and. employsmore than 45 people. it hasbecome apparent that the dutiesassigned to tribal officials underthe new constitution cannot beperformed by parl·time.inexperienced people. It is not acoincidence that (he people youhave elected in the last twoelections are the people who arcqoalified to actually operate Ihetribe by virtue of their experlcnceand cdu("atiun. The tribalmembcrship elected these peopleto do the job· not to get logelheronce :1 month and try to figure outwhat the tribal staff had done overthe lasl 30 days!

The makeop of oor tribalgovernment is very different underOUf new constitution. With addedauthority came addedresponsibility for the Busin~ss

Committee and executive officers.Each month the various

newspapers prinled throughoutIndian Country bring to light somescam or scandal caused by a tribalgovernment that could not controland monilor ilself. Elected officials113ve personal liability in carr.vingoul their duties as a governmentand, too often, do not have the('onstitutional authority 10 insurethe honest function of thatgovernment.

The operation of OUT tribalgovernment has become verycomplex. The administralion ofgovernment contracts is aprofession in itself, Thc operationvI' businesses and facilities of thesize and dollar· volumes of our~

requires the highesl level ofprofessional management.

The Citizen Band Potawatomipeople voted in a new constitution[hal created an Executive Branchof tribal government. Thedelegated authority of thechairman is dcfmed in anotherarticle in this issue of (heHowNiKan, Under that authority,;lI1d wirh the unanimous consent ofthe Business Committee. I have:·t.·quired that the duties of thetnbal secrctarv-treosurcr:~ccc~s:t:ltc tUll 11111(' .HtcnliOlI.

our elected secrclar~·. KC'nncthPl'itlcr. WIll assume J positionformerly held h." ;.t bran perSallwho wa') I~tid otT. His salary willnol cU'C'cd thaI of :l normal staff

Aletter

from theTribal

Chairman

person and will be commensuratewith his 30 years of prior federalemployment. He brings to the joba broad level of experience and

"selfless dedication.Your elected vice chairman.

Doyle Owens. has been assignedto monitor pori ions of the tribalentcrprises and cunsolidate Ihefunctions of the tribe's advisoryboards. His compensarion will-bebased on Ihe hours he is requiredto work at a rate comparable fO hisprivate employment. His totalcompensation will not exceed thepayment made to a staff positionvacated for this purpose.

Dr. Francis Levier, elected to

the Business Committee in theIq85 election. has been appoinledto the position of tribaladministrator. \Vhen I was yourtribal administrator. Dr, Levierserved as assistant administratorand was responsible for allgovernmenl conlracts. He hasprC'viousl~' served as tribaladministrator for another tribe andhas over 1J years tribalmanagement experience. He hasmanaged to overcome severeobstacles since July 1. and hasincreased efticiency within thetribal operation while reducingemployee costs.

While new lines of responsibilityhave been created in adding threeelected officials to the staff. wehave been able to reduce theoverall number of employees ofthe tribe from (he previousadministration. This has becomepossible by replacing formeremployees wilh more qualifiedones. and by combining authorit~,

and responsibility into one positionby adding members of theBusiness Committee to (he staff.Our tribe has been one of the lastin the country to take this step.Just as state governments employIheir elected officials. so have wegrown (0 the size that we must doas mucn. Our responsibility andliability require it.

I look forward to meeting all ofyou al the regional ml.~tings wewill be scheduling for across thel'oulltry. Please take rhc t:I1lC toattend; I'm certain you w111 find ita rcw~rding exper:cTH':".'.

In a decision of greatsignificance for Indian tribal courtsand tribal governments. the U.S.Supreme Courl on June 3 ruledunanimously that the question of atribal court's jurisdiction over anon-Indian in a civil suit should bedelermined, in rhe first instance,in the tribal court system beforeany appeal on the jurisdictionalissue could be made to the Federalsystem.

The court. in Nat;onal FarmersU";011 Insurance Company \'. Croll'Tribe. said the reasoning of a 1978Supreme Court ruling that lribalcourts did not have criminaljurisdiction over non· Indians docsnot apply (0 civil jurisdiction.

The court said: "Rather. theexistence and extent of 3 tribalcourt's jurisdictioll'wlll require acareful examination of tribalsovereigJlt.v, the extent to whichIhat sovereignty has been altercd.divested or diminished, as well asa detailed study of relevantstatutes, Executive Branch policyas embodied in treaties andelsewhere. and administrative orjudicial decisions."

The case involved an Indianchild injured on the grounds of apublic school located within theboundaries of the CrowReservation in Montana, When thechild's guardian sued for damaS!cs

Scholarshiprecipient

graduates

Cynthia Lucina Coulter. thegrandaughter of an earlyPotawatomi resident. graduatedfrom the Oklahoma College ofMedicine June 2. 1985. as Doctorof Medicine. Cynlhia'sgrandmother was Henrietta (neeFrigon) Coulter. who came toPoltawatomie County at age 10from 51. Mary's. Kansas,

Cynthia's gre.it-grandfalher wasHilaire Frigon. who had helpedmove the Sac and Fox tribe to

Oklahma. After moving his ownfamily to Oklahoma. Frigon diedwhen a smallpox epidemic hit theS:lC :lnd Fox camp at Red Fork.

Doclor Coulter attended theUniversiry of Oklahoma for two.vears and then attendcd theUniversity of Texas where shereceived her B.A. degree. Aftercompleting her pre-medicaltraining at lhe University of NewMexico. she was admilted to theLiniversily of Oklahoma School ofMedicine in IQ81. Doclor Coultertini "hcd in the top 25% of herclass, and was elected to theAlpha Omega Alph:l HonuraryMedical Society. She will do herrcsidenc~' at fhe University HealthSd('l1tl'~ Center. spett.:lli;ring inneuroll

During her rour years at theMedical School and during herprl'·mru c~~ur!)l'\\'ork at :hcu,lIve!'sll'-' or New tvlCX1CO. DoclorCuuher \VOl' .. r('Qualr rel'lpient oflhe Potawatoml Irib,11 o;ch(1ltarshipgram. She io; lhc dauglHl'r of .10('Cuulter of W.mette and VivianCoulter of Norman.

in the tribal court. school officialsignorec the suit and a defaultjudgment of more than 5150.000was awarded Ihe p,laintiff.

A federal district courl held tharthe tribal coun had no jurisdictionover a civil action againsl a non­Indian and the Court of Appealsreversed thai decision. saying thefederaJ court had no jurisdiction,

The decision of the SupremeCourt differs with both the lowercourlS by dtermining that Ihetribal court has the firstjurisdiction, wilh review by thefederal courts possible after theremedies of rhe tribal courts havebeen exhausted,

This status and authorityaccorded to the tribal court issimilar 10 rhat enjoyed by rhe Slatecourts.

Elderlyhousing

available

The Absentee Shawnee HousingAuthority is currently seekingapplications from Potawatomielders desiring homes. Allapplications and requests for

information should be directed tothe Absentee Shawnee HousingAuthority, Attention: JackClemence. P.O. Box 425.Shawnee. Oklahoma 74801.

The lI" ....NiKIJII is a publication of the(jlizen Band Pot3walllllli Tribe. with of·fi("Cs located :It 1900 Gonion CooperDrive. Shawnc\', Oklahoma.Th~ purpo~c orthc lIowNiKuli is to act

as lht official publicalion of the CiTizcnBand Pul:lWatollll Tribe and to rntCI theneeds IIf its members for the dissemina·tion of infom13tion.

The HowNiKulI is mailed free 10 allenrolled Citlzen Band tribal members.with subscripuons 3vailabtt to non·members al the rale of 56 annually.

The H()'t4'NiKun is a member of theNathe American Press Ancelatlon.RepriJII permission is granted wilh (.'rcditto the HtJwNiKulI or the Cltuea BandPotawaloml Trf~.

All edilOrials and Icners become thepropeny of the HowNiKan. Submissionsfor publkallon must be signed by the3uthnr and include ,I traceable address.Pubhc:Ukll'! , .. 31 ,h(' .discretion of thef/owNiKtJII edilur Cjnd Ihe CIII:tt'n BandPolawaloml Buslnus Commltttt.

Chan!!e of address or address co~c·

lion.... hl)uld be maitC'd to Rt. 5. Box 151.Sha~:nl't. Okbhollw 74801.

Clliun Band PolawalomlBu'§ln~~s Commillec

(h.:mm,.ll - J"nl1 .Rock\ ., Barrtll":1 '- C:~:llft11,1lI - Dm'le O~('n"'i

~ ......rl'l:try 'rr,,';J"iurcr- Kl'nnclh Pellicr('(lfnnllllCCll""l - Dr. f'r2nCI .. levier

('01lIl1'lI\1<:C",311- Bob F. D3\""

'ilowNiKan EditorP:lIrici03 SutCt'r

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Page 4

Potawatomiscrapbook

;(

\

,,,(I(

'.I•,·,-II

••

-,·

7. Coil sidesupwards.

Matetials:

2. Tie in bunches.

bE'•

V'"/J

.'

6. Stop when base is 7 em.

1. Moi ten the grass.

r~e".....c-n~~~~<:::"~~C:>~~c::.?~~~..Jj--:>~C:::)~~~_<::.?....e:;::,~e;:J~~.... ~~~..:a.....~-a:':>~e,,~~~~~<?:'1

( How to make a Sweetgrass basket lSl SWEETGRASS GROWS ~e to a height of two and a half~ feet. It grows in marshy areasD and is picked during June,A July, August and Septem-~ ber. It is then put in bunches~ or in braids and hung to dry~ in the shade. This helps to

~ keep the green colour.~ Sweetgrass is used to makeD fans, mats, coasters, bowls

~. _ . ,'- and baskets.

- - ..".,./.~~,,;::;'~l':l-~~-, . /.31.1.- ....Y'. -.S .ei:P:-. j..-e ."':.. '. .

D

~~II

~~3

~

~~~II

~~ 3. Twist in a Oat coil. 4. Sew lengths together. 5. Add extra lengths.:)

~U~ .

~~Sl

~ 8. Widen at top. 9. Continue till 10 em. tall. 10. Make a top. 11. Fit the top and bottom.

ll~ lak,n from KA WI'" o.the PONA unt!!. O,h·

• .,. />oaks In (his ser,.:

I: ~ or< FORT ALBA"'l'i ,., ,m RESER VE and STII l' REGIS RESERVE.A. )" Pri" SJ.9J. ISB"~ 0·8890]·143·0. A va/I·R abl'from FITZHENRl'i " WHITESIDE. 19'

Allslole Park.way

~» Markham, OntQrio,

"SWEETGRASS UR 4T8. T",phon.. 12. Make a handle. 13. Sew handle to the top. 14. BASKET" has bun (416)477·0030.

\.-~~~~~~~~e.ccr~~~C":),~Ct!:rC:=:>-:-~~~~~~~e.cr~~~~~~~~~~~~~~~c;)"'"

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In our opinion • • •

Page 5

Notes from Indian CountryC. Montgomery "Gummy" Johnson doesn't want to be accused of

crying wolf. But he is convinced that all American Indian tribes are be·ing scheduled for "termination" and "abrogation of treaties" withinthe next 10 years.

.Iohn!)on is a former National Republican Cummineeman. WashingtonState Republican chairman. chief lubbyist for the Wc~'crhauscrCorpora­tion and Slaw (cachers union.

last month ·'Gumm.\'" addressed the Nati\'c American Fish and\"IildJife Society at their annual cOI1\'cmion held at the Radisson Hotel inDuluth. Minn. He ~ajd he \\'a~ there to express hi quiet rage nvcr whati') being dllH(' ,Uld what is being planned for the dc:):tructioll of Ih(' Indianpeople.

"SulllclinH'::-' I feci like the boy wlw tried 'wolt" _. nul \\ h('n Ihc \\'011'\\';t~n'l th('1'(, - om when the boy ~a\...· an organized pack of wt)lve~ andIH' onc \\a~ organized to light :hcm off." Johnson said.

Juhnson \lff~rs a powt:.~rflll example \If how n small. detC'rmined groupuf pcopk can push through legislation aimed :IT abrogarillg existingtreaties even thou~h the.\' :tre opposed h.~ "every daily Ilcw~papcr. cvcr~'

television ~I:ltion. Hll majlw pulitiC:ll candid:nc rUlining for Ihegc,vel'llOr'c; office. the majority or the ~tatc'~ cOlIgr~ssi()l1aldelegation ofol'th p:tnics. rhe lOp religious leaders. all major church denominations.thl' cntire furest products illdustry. dU/.CIl~ of legal scholars. Ihe 51.11L'LIDOI' COlll1:.:i1. {'he Slate Charter BO:1t Association. tlle State En­vironmenlal Coulll·il. thl..: League of Women VOlers. the NorthwcstStecJhc:ld :1Il0 S,:l1llloll Council. and many other support groups."

Under lhe guisL' of "Help save our resourccs fnr geller:lliolls tocome." :l11 initiative numbered 456 went Oll the ballot in the State ofW(I\hinglOn. The major thrust of Initiative 4Stl was to declare all naturalresources ill the state. im:luding land. water. timber. fhh and game "bem<tnagcd only by the state of Washington."

The initiati\'c abo declared. :l::' a mallcr of :,lale law. "Ihat all citizen,;;.induding treat~ Indians. shall ha\'e equ:t1 rights."

At fir:,t glance. to Ihe unsuspccling. il sound~ good. After 311. who canargile ag:linst equal rights for e\'eryone-? It sounds line unlcss one is anAmerican Indian veslcd with special trealy rights.. Althuugh thinly disguised as 0l111uitiativc to make steelhe~ld a nationalgame fish, lhe pro-456 people readily admitted that the real objective ofthe initiative was 10 "force Congress' hand on the question of Indiantrearies." The supponers of 456 said. quite openly. "This is not a fishissue. it is an equal rights issue."

byTim Giago

In his 700·page report entitled. "First our Lands. Now Our Trealies."Johnson wrote that the pro-456 campaign was conduC'ted under the urn·brella of an organization called SISPAWN. which stands for. Sleelheadand Salmon Protection Aclion for Washington ow.

Under that umbrella were such organizations and groups as. The In·tcrstate Congress of Equal Rights and Responsibilities. WashingtonSlale affiliates of the Nalional Wildlife Federation. the Nalional WildlifeFederation itself. the National Farm Bureau. a coullty commissioner ac·tive in the National Association of American Sportsfishing Alliance. Out·door Writer's Association of America. Outdoor life Magazine. WildlifeManagement Institute. a former Washington State Game Departmentorricktl who publicly advocated abrogating treaties. a former U.S. Con­grcs~man who had introduced legislation to abrogate Indian treaties.Equal Rights for Everyone of Hayward. Wis .. and the WisconsinAlliallcc for Rights alld Resources (WARR).

. Johnson said. "Despite raising $250.000 for the campaign against In·itialive 4Sn (l\l.·o-thirds of it raised by Indian tribes from wirhin and out­side of the state). despite 100 percent Opposiliun by the daily press. anddespite all of the television opposiliun. 456 passed by a margin of 53 per­cent to 47 percent."

"Those who would abrogate our licatics say they are doing it so thatall Americans will be equal- enjoy equal rights. bUI if .You look bencaththis veneer. you will find that the real reason behind rhe concerted effort10 abrogalc Indian treaties is greed - grced for our land - greed forour mineral resources. and - greed to stamp us uut for daring to be dif·fcrcTlI." Johnson said.

"Gummy's" rage is fueled by the fact that ahhough the threat b realand immediate. most Indian tribes are going abuut their business as if::til is well ill Indian country. He is angry because those pushing toabrogate trearies have made no bones abnut their intentions. but thethrcab aud the national efforls are falling on deaf ears.

It is Johnson ·s. firm belief lhat the chaos. intern.1 bickering. and tribalpettincss found on so many Indian reservations is working to the advan·tagr of those who would abrogate treaties and terminate tribes.

"Even if we had the support of all the media in the Uniled States. wewill lose this final battle if we do not organize and gel our own actstogether. No one can help us if we cannot help ourselves." Johnson con­cludes.

"History will show that the Indian nations and their friends were wellwarned long ill advance." Johnson said..

Citizen Band Potawatomi - who are we?When John Barrett. Francis

Levier and Boh Davis ran forBusiness Committee offke lastJUTlt~. nne of their campaign pro·mise:, was to "take the tribe to theI)otaw:uomi people." It's a novelidea and some might ask "Whatdocs that mean?"

The faci of Ihe matter is. Ihaf forwhatever reason. many. manyCitizen BrlOd members - aftcr ac­cepting citizenship and purchasingtheir allotments - left the IndianTerritory area designated to themby the federal government. Weknow thai a number of Citizen Bandwere actually allotted in Kansas ­Dr. Levier's family, for instance.We hypolhosize that a number leftduring the dustbowl that hitOklahom. - perhaps traveling onto California as part of :1 mass

migration. We think a number oftriba: members may have followedthe oil field boom to Texas.

But we're not sure about any ofihis - and it's information we hope10 gain from tribal membersthemselves at the regional councilsscheduled all across the country.

Thcre has been vcry lillie writtenabout the Cirizen Band. Dr. DavidEdmunds has wriuen an exhaustivenarrative of the Potawatomi III

Michigan and Indiana. FatherJoseph Murphy of 51. Gregory'sCollege has written about thePotawatomi in Kansas. taking themright up to the poinl of division bet·ween thc Prairie Band and CitizenBand. One of our dreams is to ac·cumulate information from you. thedescendants of thc originai CitizenBand Tribe. in order to clarify and

record the accurate history of IndianTerritory's first Am~riean citizens.We think yo" might be surprised toknow exactly where the CitizenBand people arc. This Iisl mightalso help 10 clarify the reasoningbehind Ihe current Busine~ Com·mittec's commitment to theabsel1lee ballol .nd Ihe concept of"taking the tribu to thu people."Kansn . . . .... ... . .. . 92'Missoliri 11.8Florida .. . . . .. . t39Texa, .... 11[WColorlldo ... . •. . . •• . •. . . . . . . .. 264Arizona 227CalifornIa . . . .. . .•.... . 1;&8Wa,,,"ngton Slate " . . .. 29'Oregon .. 176Oklahoma .. . • . . . • . •• . . . .132Wyomln.g. . . . . . . . •. . •• . . .. •• 33klal'lo ..•... .•. .•. 58Utah ... ..•..................... 66New""'alilco ..•.... ...•.. .. .. 138Nevada ..........••............••........ 104Ha"",ail ..••• ••.••.••••••.••• 12Alaska .... .... ..... 31Germany 1Australia. .. ... .. ... .. .. 1

Puer'1o Rleo .. . . . •• • . • . . .• . . tCanada 5(1

EnOlanc:l .•..•....... 1Ma98achuseUs A()

RnOde Island .•. . 5Main. ... .......•...... 5Vermont 4Connac Ik:ul . . . . . . . . • • . • . . . . .. 19N8W Jersey. 31New York. . ... , ., ••. . 13f)ennsyl....nl. .. 50WIshl"9ton D.C. . . ... "M.rylsoo 2'Virginia . .. .. " ..•• ' .2W. VirginIa .... 1N. Carollna . •. . . .. . •. . . .. 23S. Carolina 17Georgia . 52Alabama. ..........•. .•...••.••. 29Tennessee 1Mississippi " . ... .... .•. 18Kentucky •..••.•••.••.•••.•.. 11!10tI10 •. ...•.....••.•.. 31iridian. .....•.....••.••...... 43Mlcl'11gan .. ••k)wa.. . 2'Wtscon~n ..•..•..••..••.•...•......... :wMinnesota ..•..•..••..•............ 17S. Dakol•.........................•........ 151ro1000tana ..••..••.••.. . ..•••..••.• 5(J

illinois . .. . .•..•..••.. 136Nebraska .. .•.....•..... .•.. . •. 20lOI.lIsiaM ...........•........ • 55Ar~.... . .......••.....•..... 91

NetworkDear Sirs:

I enjoy the newspaper all hough I have nOlbeen around the reservation and know only acouple of people in the area. My father. whohas now passed away. was born around SacredHeart in 1906. He left Ihe area as a youth andworked his way 10 Kansas where he lived until

his death.I now wish 1 would have asked more

qucsl1uns of my father and grandmother aboutour past. I have done some research in Topckaand Kansas City. but the information is limited.I hope the tribe gets a genealogy archive.

Sincerely.

William D. RhoddR.R. I, Box 236De Soto, Ks. 66018

Dear Sir:I am sending a donation of S2S.00 for the

HowNiKan. It helps keep me up on tribalevents.My mother was Florence Bessie Willment. Herfather was Frank L. Willment and his fatherwas Joseph Willmetl. I would be happy tocorrespond wilh any of the Willmetldescendants. My address is Box 875. Chouteau.Oklahoma 74337.

Yours truly,Alia Mae Sinor

Page 6: 1985 election certified - Citizen Potawatomi Nation · Bulk Rate U.S. Postage PAID Tecumseh. OK Permit No. 26 Vol. 7 No.7 Citizen Band Potawatomi Tribe August 1985 1985 election certified

Page 6

'---_T_h_e__n_e_w__c_o_n_s_t_it_u_t_io_n_pa_rl

_2 1

The adoption of the new tribalconstitution has raised some ques·lions in many tribaJ members'minds as to exactly what it pro·vides for. In the last issue of theHowNlKan we addressed ArticlesI through 4. Article 5. Article 6and Article 7 are the subjects thismonth. and present a clear defini­lion of the powers of the Council.the Business Commillee. and theexecutive officers of the tribe.

Over the years the issue thatpresented the most controversy intribal government was the rela·tionship between the power of theGeneral Council versus the powerof the Business Committee. Theold constitution contained a phrasethat caused the most argument:"The General Council is thesupreme governing body of theTribe." Problems arose becausethe old constitution also containedthe phrase: "The Business Com­mittee shall have the authority tospeak and act on behalf of theTribe in all matters except thoserelating to claims and treaties."Since 1936. Ihe conflict betweenthese two concepts has resulted inGeneral Council Resolutions per·taining to such issues as the hiringof tribal staff. the naming of"honorary ·chiefs. "and "tribalhistorians." amended blooddegrees contrary to the tribal rolls.removal of tribal officials without ahearing and. finally in 1984. aviolent seizure of the tribal head­quarters by a small dissident localfaction of the tribe. The last evenl.while it represents tragedy in thehistory of the tribe, was also ablessing in disguise because itmotivated adoption of the newconstitution and led to a judicialdefinition of the powers of theCouncil and the powers of theBusiness Committee by the TribalCourt.

Judge Phillip Lujan. in his deci­sion of June 30. 1984. ruled thatthe "Council" was every memberof the tribe eligible to vote. ie ..the electorate. The Business Com­mittee. just like a slate legislature.is the elected representative bodyof the Council with delegatedpowers under the constitution. Allthe authority vested in Ihe Councilas the "supreme governing body"was delegaled by the constitutionto the Business Commillee. Claimsand treaties with the federalgovernment were specificallyreserved for action by the entireCouncil. Since the old constitutiondid not mention absentee baJJotsand said Ihat elections would beheld "at the General Councilmeeting". the 1984 election'sabsentee ballots were not allowed.the dissident faction was removedfrom the tribal headquarters and anew election was court-ordered.

Judge Lujan also ruied [hat aconstitutional rc\:ision would henecessary 10 allo\'\.· the use ofabsentee ba,llots. A new constitu­tion wa~ submirted ru a vote or the'.nllTC trib by the S~crclarv Ot Theinterior and wa<; approved byne:lrly a nve 10 one margin onMarch 29. (985. !t had been c1e,.for years that the tribe needed a

new Corm of government if it wasto behave as a government andnot an unruly mob, The annual"General Council." under the oldconstitution and form of govern·menl, had deteriorated inro five orsix hours of petty bickering and"mill flam". Worst of all. no morerhan 70 or 80 members were allen·ding. The older and wisermembers viewed ir as a waste oftime at best and physicallydangerous at worst. The youngermembers were so disillusionedthat over 25"70 of them refused toidentify themselves as tribalmembers in the 1980 census.

The new constitution wasdrafted after more Ihan a year ofcareful study. What was neededwas a form of governmenr thatcould govern, and what beller ex·ample than that of the UnitedStates of America: threc branchesof government· legislative. ex·ecutive. and judicial. The BusinessCommillee as a whole is thelegislative branch. The chairman.vice chairman and secretary·treasurer are the executive branchand the tribal court is the judicialbranch. The General Council is theelectorate· rhe voters. All thepowers of each branch are defin·ed.

The new constitution spells outthe powers of the Council veryclearly: the Council has reseryedauthority to approve or delegateactions of the Business Committeethat result in (I) uses of trustfunds. (2) sale or mortgage oftribal land. or (3) settlement ofclaims againsl the United Slates.Note that the constitution does notsay the Council may act dlrectly_The Council can only approve.disapprove or delegate actions 01'

the Business Committee on thesethree Issues. All other powers andduties of rhe tribal government aredelegated to Ihe eleCled body ofthe tribe· th-e Business Commir­tee. Under the new constitutionthe Council now votes by referen­dum un all decisions concerningIhese three issues. Every membcrof the Council (all tribal membersover 18 years of age) can voteeither in person or by absenteeballot. The same voting procedureis also used in tribal elections.

The constitution also delegatesspecific powers "'lthin theBusiness Committee. Article 6.Section 2 of the new constitution(the old constitution had similarlanguagel stales: "Thc Chairmanshall have general supervision ofthe affairs of the Council and ofthe Business Committee." Thismeans that the chairman (,:an. inessence. run rhe tribe under rulesand regulations (Resolutl0ns andOrdinances) approvcd bv theBusiness Committee. The prcs~nt

chairman orefers the -'adVice andconsent" ~f the majority oj theBusiness Commincc on m(lst ac·lions because our cody cf irtoalia\\ JIl{1 regu '3:ions rav(' nOIucvciopcd lO the ex(Cnl (hai achaiiman can C'xerCIS~ 'gelleralsupervisiun" within a spccifit.'framework of ~stablish~d

guidelines. Once Irib31 13"" and

regularions are written andadopted by the Business Commit·lee to cover all aspects of tribal ac­tivity. the chairman. under can­stilutionally delegaled "supervi.sian" powers and the instructionto "see thai the laws of the tribeare failhfully enforced" (Article 6.Sec. 21 shall become the legalequivalent to a governor of a stateor may:or of a city,

Article 7. Section 2 delegates allthe authority and powers of theCouncil to the Business Committeewith specific limitation: (I) Ihelimitations of the three Councilpowers previously mentioned. (2)the limilations of the lribal court'sauthority. Ihe Election Committee.and the Grievance Committee. (3)the Iimirations uf "thosepowers.... deleRated to anothertribal entity by the Conslitution:'Item (3) of this list then limits thepower of the Business Committeeas a whole and refers to thedelegated power of the chairmanto exercise "general supervisiun of'he affairs of the Council and ofthe Business Commiltee. ,. h isunder this authority - thatdelegated tu the chairman - Ihatthe tribal administrator and stafffunction and exist. Tribalemployees work within a legal andregulatory framework adopted bythe Business Committee undersupervision of the chairman or hisappointed representative (thetribal administrator),

Article 6. Seclion 3 of the Con­stitution provides that "the ViceChairman shall perform the dutiesof the Chairman in his absence orincapacity to act. and shall under­take such other duties as may beassigned to him by the Chairmanor by law." Clearly the implicationis thar the chairman has the con­stitutional authority to assignduties to other members of theBusiness Committee under the"general supervision of the affairsof the Business Committee"language of Article 6. Section 3.

The secretary-treasurer hasspecific duties 'under the 'new con­stitution described in Article 6.Section 4 .. The most important ofthese are the "custody of therecords and all papcrs of theCouncil." Ihe kceping of a "cor­reCI list of all enrolled members ofthe tribc." and the receipt andcare of "all monies of theCouncil" with "an accurate ac·count of receipts anddisbursements." While the chair­man can exercise supervisoryauthority over the secretary­treasurer. he cannot assign theduties spelled out in rhe consiru·lIun to any other tribal entity ex­cept the secretary-treasurer. In thepast. tribal business was solimited that some secretar,"·treasurers interpretec thelanguage in the constitution con­cernine "custody of the records -­to mean 'he\' ciJUld lake I!lcm~cme \\.1ttl th~m: L'ic.:r!\ t!lr i.!;­

h~nt m ihe words "custodv 'means lOal the constilutionailydelegated responsibility 10 mam·t:tin records on behalf t)f the tribeis vested in one person whose job

is to insure thal the records areavailable at all times duringbusine s hours and are passed onto his or her successor, Jusr asclear is the responsibility (Q pru­lect and account for tribal fundsand maintain accurate tribal rolls.The present accounting depart.menr and rribal rolls director func­tion under the verificarion of thesecretary·lreasurer. The prepara­tion of the periodic and annualaudits are coordinaled by thesecretary-treasurer as arc allchanges in the tribal rolls. Whilethe staff of the accounting depart·ment and rribal rolls office aresupervised by the tribal ad­minislTator under the authority ofthe chairman. they must operatewith the full knowledge and ap­proval of the secretary·treasurer.

Gamingconference

held

An Indian gaming conferencewas held on July 17. in Tulsa.Oklahoma. to discuss possiblerepercussions of a receO[Oklahoma State Supreme Courtruling opening the door to staleregulation of Indian bingo.

In the 8 . I courl ruling. JusticeMarian Opala said thc tate ofOklahoma could assume regulationof the games if it can show suchoperalions affect emities olherLhan the sponsoring tribe.

Most court·watchers in indianTerrirory believe the court rulingis aimed not so much at bingogames specifically. bUI is anattempt by the stale 10 assumejurisdiction uver Indian enterprisesin order to collect raxes,

A plea was rendered at 'heTulsa meeting La form a coalitionof all 39 Oklahoma rribes. Theorganization will be called "UnitedIndian Govcrnmcnls InOklahoma," and will emphasizeNative Amerkun voterregistration. fomlation of anIndian gaming commiltee Jndestablishment of a comminec 10

watchdog Iegislalive ,Iction<ii.

Health Aidsadvice

The Ci,i;r<'n Band PI1I:lW;ltonli

i'nb.li Hco.:lth Aids FtlUndauolI ha ...h.:cn n'l.''':\ 111~ l1um..'r,lll"i rl'I.J1:e~t!\

h'f 1~~.~:J!~l."l." 'lih,'UI :!h'::ppiic.:ullt .. 'iubmlltlne: ~Il iwmi'lcclslatcmcnt. ~llbnllSSI('1l ..,1' a hill or('stimale \\ ilhom the itcmi7('dstalCl11enl allached will dela,'­processing of ,\lour daim_

Page 7: 1985 election certified - Citizen Potawatomi Nation · Bulk Rate U.S. Postage PAID Tecumseh. OK Permit No. 26 Vol. 7 No.7 Citizen Band Potawatomi Tribe August 1985 1985 election certified

Page 7

PUBLISHED BEFORE.

THE PAST AND PRESENTAS IT HAS NEVER BEEN

The NATIVE AMERICAN ANNUAL. unique in its purpose in bringingthe past and present of the Native American Indian into focus - anintense exploration of the ancient traditions, proud culture and specialrelationship with the natural world - all showcased through articlesand photographs on tribal history, language, poetry and profiles of theTribal communities and members.

For all who seek knowledge of the rich diversity of the American Indiancultures, as well as a permanent record, this is the NATIVEAMERICAN ANNUAL.

Indian community or the businesscommunity. are availa~le in a16mm film as well as the videotape. Copies of the program arealso available for purchase.

The production and freedistribution of the program havebeen made possible by thc M. J .Murdock Charitable Trust ofVancouver, Wash., to encourageeconomic progress in America'sNative communities.

For additional information or torequest a loan. conlact OdysseyProductions. 122 N. W. ThirdAvenue. Portland. Ore. 97209(503) 223-3480.

NATIVEERICANANNUAL

Address: ~

City:

Slate: ZipCode: _

Chouge 10 my Mas;tercard No.(exp. date . _

inthrsumof$ Ior copies.

(Additional copies S6.00 each)Name:

The price of (he NATIVE AMERICAN ANNUAL will be $8.95 onrlewsslends - however, in ruponse 10 this notice, and to insurethai you receive your copy of It limited prinllng. place your orderf"IOW for our pre·publlcarlon price 01 $6.95.

PBS film available

The Eric Sevareid·narrated film.The New Cuplia/ists: £l.·mwmics ;1/Indiall Cu,mtry, is now availablefor a free one-week loan in avariety of formals from OdysseyProductions. Inc.

Sevareid said: "The programexamines the quanlum leap into20th century industrial Americabeing made by our nation'spoorest minority. It is an insightinto American nalive culture neverbefore presented to a nationaltelevision audience."

The one-hour version, shown onPBS, is offered in three differentvideo tape formats. Special half­hour versions. edited for either Ihe

My check in the sum of $ is IUllilChed

Indian Health Servicc officials.testifying before the HouseAppropriations Subcommittee unthe Interior. said bud!!etconstraints forced (he ,!lgency todelete funds for balhrooms in newhomes that will be built on Indianreservations in fiscal year 1986.They said there are now about20,000 homes on reservationswithout indoor plumbing. The IHStestimony indicalcd that theBureau of Indian Affairs plans toconstruct about 1,000 homes in1986 and another 1.900 will bebuilt with tribal and other funds.IHS has the responsibility ofproviding sanitation facilities forhomes on the reservation.

IHS forgetsbathrooms

r - - - - - - - - - - - - - - - - - RESERVATION APPLICATION - - - - - - - - - - - - - - - - - ,,Citizen Band Potawatomi Tribef Orders must be prepaid 10

I The Native Ameriun Publishing Company, Inc.t 760 Mays Blvd., Suite 6. P.O. Box 6338,I Incline ViUage. Nevada 89450

IIII for copies.tI A nu;mey ordt"f in the sum of $I1 is allached lor t:opies.I'--- l . -- - --- - -- J ,

A federal appeals court hasupheld a lower court's dismissal of~l lawsuil claiming the CheyenneRiver Sioux Tribal Council inSouth Dakota violated the rights oftribal members who were barredfrom running for oftice on thereservation.

In making its ruling. the 8thU.S. Circuit Court of Appealsupheld a lower court rulingdismissing the complaint for lackof jUl'isdicl ion. The three-judgepanel said the Indians shouldresolve the situation themselves.

Eleven members of theCheyenne River Sioux Tribe filed alawsuit in August 1984.contending that the tribal councilimproperly dclcared fourcandidates ineligible to run foroffice because the four opposedthe policies of the council.

The II tribal members hadsoughl to have the Septembertribal council election delayed umil<l court ruling had been issued onfour candidates who were removedfrom the ballot. Another candidatewas involved in lhe dispute. buthe had lost a primary.

U.S. Disiriet Judge DonaldPorter of Pierre ruled Aug. 31 thatno one's constirurional rights hadbeen violated and Ihe mattershould be settled within the tribalgovcrnmcnL.

The 11 immediately appealed tothe 8th U.S. Circuit Couri ofAppeals. requesting that theelection be held up until the

Sioux winelection

battle

appeals court could heararguments. The appeals courtrefused to block the election.which was held Sept. 4. 1984. andon Thursday upheld Portersruling.

Citing a ruling in a previouscase. the opinion said' "relief forlribal deprivations of righls mustbe resolved through tribalforums ...

"We believe the district courlcorrect Iv held thaL resolution ofdispute~ involving questions ofinterpretation of the tribalconstitution and tribal law is notwithin the jurisdiction of Ihedistrict court." lhe appeals courtconcluded.

The l:lwsu;t. said thai the tribalcouncil voted July 12. 1984. to barJoan LeBeau, Clarence LeBeanand Walter Woods from everrunning for office hecause ofalleged past miscondul:t in ornee.Woods l.:uuldn't have run in thegeneral election anyway becausehe lost a primary election. The suitalso said the council decided thatBertha Cashing Hawk and GradyClaymore eouldn't run for thecouncil because they don'f meetresidency requirements.

The lawsuit contended thatthose people were prevented fromrunning for the council onlybecause they disagreed with thesitting council c..:oncerning thenumb'-er of election districts for thetribal COUIll:il.

Page 8: 1985 election certified - Citizen Potawatomi Nation · Bulk Rate U.S. Postage PAID Tecumseh. OK Permit No. 26 Vol. 7 No.7 Citizen Band Potawatomi Tribe August 1985 1985 election certified

Election 1985 (from page 1)

Ihe referendum 011 ~he

con~titutiollal n.~\i~ion \\l'n:approved.

Charges of ncpo'i~111 again ... tElection Committee memberSheree Kandall werc ,llso ~ecn ,I~

proc'cdural dcfccl.~ due h.1 thl~

wording of the clec.:tlon ordinam.Tthat prohibit~ appointJ1l(,1l1 l.)f <t

close rclathe of a candid;ttc. Atthe time of 'vh. R:llldaW"lappointlllent. her mother. BeverlyHughes. wa", not a candidate.When M" Hllghe, late' liled hercandidary the Election Commiucc.the [riba! attorney ;\nd the

thanks to AYUDA

evenrually ruled that theallegations of violations of theelection ordinance had indeedoccurred. but that they \\'crcprocedural defects "notsubstantive enough to affect thedue process" of the tribalmembership. For the 1l10~t pari.Ihe violations were impossible HI

avoid due [0 the passage of thenew constitution on May 29. That('on~lituliol1 changed the votingage and approved absemce baliOls• t\Il,'O subSlanti.al mandates 11131prohibited the cCl'Iifying of 311official voters list before rcsulls of

Potawatomi fire I1...--------" Christmas •

Businc~s COlllll1iltcc (indudingBruno a'id \Vhitecollon) .. med torel:un Ms. Randall on theCOlTlllliIlCC. Mr~. Hughes r'lIllInoPPQ~ed for a seat on theGriev nec C~)mmitlee.

Co 111 III CIl I ing 011 the charge~

rahed again ....1 Barren's J .200(,,'alllpaign 11l.,il-IJUl~ and whelherl,)f not Ihey "c;imulatcd" th"IJfficlal Irib.11 nC\\·'paper. Luj';ll1c~'l1Ill1cnlcd. "the COUrl cannOIprelend ro proleCt lhc (·arelcs....reader. but will try to protecl (he3\"rage Indian pCr'illn.·· Lujanwcnt on h) "lay. "The court rakes

August

judi<.'ial notice ih.1t the Pota\\ 3tomiTrib~ \'\ Illade up of educatedpeople." and that "mintfllum legal\tand'Hd~ of behavior" had beenadhered to. LUjan turth\.'!' ruledthal enclor",cl1lcnl of BarrclI'~

"ticke," of candidOiles by trtbalofficial, \\ a~ ",eparalcd in Ihccampilign lite;'ature from other;Irtt('!e, and \\'ould nOI beconsidcred a tort.

LUJ,;tn t!ten granted thl' ElccllllnCommittcc'~ motion to db.J1li~~

and Slated he \\ould certi(\ lhe:­1985 clect iOI1.

Kiker's Barbering1202 N. Market

Shawnee, Okla. 74801

Monday - Friday8 A.M. - 5 P.M. Phone

Sat. 8 A.M. - 12 Noon 405-273-0026

signed a COl1lr:H:r with the SaudiAllllaha Tradirlg and ContraclingCump.nny 10 bl' it~ exclll~i\'c

business representative in the U.for materials - from lumbei (0

spare all(() part ... The tribe. hl'~aid. ~..all offn u. beller pnft:b(.'cau~e it· ... cxcmpt from lcderullllallufal·lur(.'r",' cx('i\c lax Jl1d

cerl ..lin other Ia.x('.l., ,Tile Iribe is al,o planning to

pur{'h3~e a Tub" lIlilnllfa('tlIrcr of~urglc;jl sheets. The ellterprbl',\\'hl\.'11 doC'. S3 11lIIIiun 1I1 :1IU111;11\,lle'i and C'l1lploy~ 25, \\ould IllU\·C

10 Sal :Ind Fu~ 1:H1d. fhel·ulIlpan.\ " bailk loan call berdil1311ced .tl lo\\'er rate~ .1\ aibbk10 Ihe trio(' ::till!. 3~ a lribaiClllerprt~c. Ihe C"omp:J1l\ \\ill h;l\eOther ;ldv;ll1Iagec;. The {rtbc ha~

crl~atcd J nc\\' IlIdll~lrial

Dcvt.'!opment COl11lllis~ioll

d('signcd to ,t~~llrL' Iht: bl"'I"l~,)

\\orld lIl<;j;ul.1l10n from trill.1ipolilkal I)H:c.Idllng "" hidt h;l~ longheen (he r1la.lor Ob:-'l.H.k to IndianCl'UIWl1lir dt'\'cloplll<.'IlI.·' DeGl·\.·r

... aid.

An Oklahuma Indian tribe "ha:,begull bartering whar it says aretreaty privileges for gencruu.~

chunks of corporate 3ujon rangingfrom co-venture partncrships LO!Otal wkeovers." the Tul.\u 'Worldreporled June 30.

Al'('ording to thc nc\\'~papcr. theSac and Fox Tribe i\ u~ing trib.tlperk'i such as "JnlnlllOlty fromtederal and 'iHItC income tax 10lower 10::ln rates and preferelltialgovernment bidding rights" andlhe aVOidance nf teder:tlmanufacturers ex 'isc la.~e~ 10ctllkc (,,'olllpanic~ !O 1ll.lke deals\\'ith them. The tribc i ... rcceivingfuidance from a non-Indian. BillDcGeer. prc\idcll[ nf the Sac andFox Industries. lid.

DcGeer. a tormer stockbrokerand linane,,,1 officer for aninternaliunal energ: '\~r\'kc:~

Cl)mpany. ;:l(hi'ied the trihe IhJt i[~

trcal\ right,,> "erc 11I(' lribe's 1I1t1~1

\alu'lble :h~CI. "If :'OU h:l\(' ;111

ounce 01 1I11OlginmiulI." hc ~Jid.

. 'you begin to 'iCC lot~ or

p05'iibilitje~,"DcGecr said lht' tribe IHid

Sac and Fox barter

Let Me Ser ve YO(J(

Barbering Needs

Do you recognizethis picture?On the front page is aprinl made from oneof the several glassnegatives donated byMrs. Helen Ford ofLangley, Washington.We hink it was lakenat the old SacredHeart Academy.

It WHS ChristJ1la~ in I\llgUSt. (11"at IC~IM it '\cCnlcd that \\'ay, \\ hellthe CitilCI1 Band Pot3\\illOmi Trill\'L:bil1led if'.. .. hare ~lf 10,000 br;lIldI1C\\ Im'~ OOIl.IICel b.\ il1Jl1iHC~ ;1(

K;I!1\\;ly ~I,lle Pn'\t)lI in ('\\'.Jersey.

Project AYl;OA (a SP<llli"lh \\urtlfor "help'·) W:J:o. begun hy Ibh\\;J~'

lifer Rick Ro\\c t.:ight :c;lr~ <Jgo tnprovide lOy" tor undcrpfl\'llegC'dchildren in Ihe N\.'\\ Je-rM'." an::I.La~t year. ilfter rCl'ci\ lllgmanutactLIrer,' donations of 1ll0iC

than 22 .000 [0\ .... Ro\\c ...:.~It"c[cdnUI1lCfl>u'.:r :-.Ionh J\Ill(;'ri<.':1lI Indianlribes ttl rt'Cclv(' toy)),

Thi~ .\ear, (ht" five tnbe~ 111 theShawnee Agency p:nd fortrall~portali\)n flom Ncw Jt·t ~ey of10.000 toy' and will bedistributing them 10 tribalyoung~ter'i and ;lrca ~cf\'ice

group'S a( Chri tm3\time.Pi(,turcd: Summer youth workers

help load the 120·bo., share of to."received b~ the Citizen Band Tribl'from Ihe Rah""a~' Prison AYUDAProgram,

NORMAN KIKEROwner

Fire officials are allempling Indelermine the cause of a Iil'eearlier this mOlHh Ihat dcstrtlvcdthe Po(:!walomi Indian Hall inSilver Creek TO',\'llship inMichigan.

The fire. discovered abour 5:45a.m. by a neigh bur. left onl: thewalls sfandil~g (In 'h" 100 )l..:ar-old.one-sror.\ \\ood fr,lme structure-.The building had been sold 10 thePokagon Band of the POl:l.waromi

alion in 19i4 for use as abusiness and acth'ltie (:enter.

The 1985 Cilizen BandPotawatomi Summer YouthEmployment Program drew to ac1o~e with a day-long workshop onAugust 8. focu~ing on financial aidfor edu,·ation. job skills andpositive self.image in theemployment market.

Program Director Tim Marrinezand Summer Youth ProgramCoordinator Richard Harjoorganized the workshop whkhfeatured employment cOlillselors,health field representatives. schooladministrators and tribal officialsand personnel.

The 1985 lTibal Summer YOlllhProgram provided training andemployment for nearly 70 Indianyouths in the area.

IYouth Program endsl