Pursuant to Article X - Vacancies and Removal, Section 3, of the
revised Constitution and Bylaws of the Minnesota Chippewa Tribe, which
states: "Any member of the Reservation from which the Reservation business
Committee Member is elected may prefer charges by written notice supported
by the signatures of no less than 20% of the resident eligible voters of
said Reservation, stating any of the causes for removal set forth in
Section 2 of this Article against any member or members of the respective
Reservation Business Committee. The notice must be submitted to the
Business Committee."
In accordance with the foregoing provision I hereby submit this
Notice of Charges and allege the following:
Daniel Brown, I am hereby charging you with violation of the following:
1) Article X, Section 2, (a) of the Revised constitution and Bylaws of
the Minnesota Chippewa Tribe, Malfeasance in the handling of tribal
affairs.
2) Article X, Section 2, (b) of the Revised constitution and Bylaws of
the Minnesota Chippewa Tribe, Dereliction and Neglect of Duty.
3) Article X, Section 2, (c) of the Revised constitution and Bylaws of
the Minnesota Chippewa Tribe, Conviction of a felony in any county, State
or Federal court while serving on the Reservation Business Committee.
4) Article X, Section 2, (e) of the Revised constitution and Bylaws of
the Minnesota Chippewa Tribe, Refusal to Comply; with (any) provisions of
the Constitution and Bylaws of the Tribe.
FACTS
A) Daniel Brown was convicted in Federal Court to the felony charge of
conspiracy to Misappropriate Tribal Funds . Upon the felony conviction
Daniel Brown refused to remove him self from the office of
Secretary/Treasurer.
B) Conviction of the federal felony charge of Conspiracy to Misappropriate
Tribal funds, constitutes Malfeasance in the handling of tribal affairs.
C) Conviction of the federal felony charge of Conspiracy to Misappropriate
Tribal Funds is further evidence of flagrant Dereliction of duty to
safeguard the resources of the People of the Leech Lake Band.
D) Upon the felony conviction, Daniel Brown was under court order to
remove himself from conducting any business which involved the financial
affairs and the transfer of any property of the Tribe. The court order
following the felony conviction made it impossible for Daniel Brown to
carry out the duties of the Office of the Secretary/Treasurer, therefore
Daniel Brown was Derelict in discharging the duties of his office.
E) Upon the conviction of co-defendent, Alfred "Tig" Pemberton, Chairman
of the Leech Lake reservation in Federal Court to numerous felony charges,
including Misappropriating Tribal Funds and Conspiracy to Misappropriate
Tribal funds, Daniel Brown was derelict in his duty to initiate removal of
Alfred "Tig" Pemberton, as Chairman of the Tribal Council. Daniel Brown
had the legal and moral and ethical obligation to the People of the Leech
Lake Band to initiate the procedure which would have removed Mr. Pemberton
from office... as well as to remove himself and resign from his position as
Secretary/Treasurer.
F) Upon the admission of guilt entered in federal court on March 10, 1995,
by Myron Ellis, district iii Representative, to Misappropriation of Tribal
Funds, Daniel Brown neglected to take the appropriate steps as mandated in
Article X of the revised Constitution and bylaws of the Minnesota Chippewa
Tribe, Section 2 which would have removed Myron Ellis from the office of
District iii Representative. Daniel Brown had the legal, ethical and moral
duty to initiate the steps which would have lead to the removal of Myron
Ellis.
II
Myron Ellis, I am hereby charging you with violation of the following:
1) Article X, Section 2, (a) of the Revised constitution and Bylaws of
the Minnesota Chippewa Tribe, Malfeasance in the handling of tribal
affairs.
2) Article X, Section 2, (b) of the Revised constitution and Bylaws of
the Minnesota Chippewa Tribe, Dereliction and Neglect of Duty.
3) Article X, Section 2, (e) of the Revised constitution and Bylaws of
the Minnesota Chippewa Tribe, Refusal to Comply; with (any) provisions of
the Constitution and Bylaws of the Tribe.
FACTS
A) On or about March 10, 1995, Myron Ellis entered a plea of guilty in
federal court to the charge of Misappropriation of Tribal funds. Such an
admission of guilt constitutes an admission of Malfeasance in the handling
of tribal affairs.
B) Upon the entering of said guilty plea on or about March 10, 1995, by
Myron Ellis, district III Representative, to the crime of Misappropriation
of Tribal Funds, further constituted an admission of flagrant Dereliction
of Duty to safeguard the resource of the People of the Leech Lake Band.
C) Myron Ellis was confined to the Federal Prison Camp in Leavenworth,
Kansas for a period of 90 days. During that time of confinement, Myron
Ellis was Neglectful of the Duties of the Office of the district III
Representative.
D) Myron Ellis's failure to remove himself, by way of a resignation, from
the Office of District III Representative constituted a violation of
Article X, Section 2, (e) of the revised constitution and Bylaws of the
Minnesota Chippewa, Refusal to Comply with any provisions of the
Constitution and Bylaws of the Tribe.
For the foregoing reason, I, as an enrolled member of the Leech
Lake Band, request the removal of Daniel Brown from the office of
Secretary/Treasurer and Myron Ellis from the office of District III
Representative.
Respectfully submitted this 15th day of July, 1996.
Deanne (Dee) L. Fairbanks
Bernard J. Rock, Sr.
Leech Lake Pillager Band
Spotted Eagle Warrior Society
North Central Minnesota Native American Veterans Outreach and Resource Center