July 19, 1998 Native American Press/Ojibwe News
Fond du Lac RBC defies constitution to block referendum vote
By Jeff Armstrong
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In a move which could have repercussions throughout the six-reservation
Minnesota Chippewa Tribe, Fond du Lac's Reservation Business Committee last
week refused to recognize a petition to compel a reservation vote on the
RBC's planned construction of a $9-15 million administration building.
Submitted July 3 and signed by 269 resident eligible voters, the
petition would require that any RBC expenditure of $400,000 or more first
be approved by a referendum vote of the Fond du Lac members. While not
disputing the fact that the number of signatures exceeds the constitutional
requirement of "20% of resident voters of the reservation," the RBC denied
the petition, which it claimed "would bring all activity on the Fond du Lac
Reservation...to a standstill."
The RBC said such a move toward democratization could jeopardize
annual per-capita payments, a statement which opponents called a
thinly-veiled threat. [** Fond du Lac Band is the only Minnesota Chippewa
Tribe band that pays per capita payments from casino profits.]
Defending the action in a July 11 letter to reservation members,
the five RBC members wrote, "It is not a reasonable understanding of the
Minnesota Chippewa Tribe Constitution that Article XIV would enable 269 out
of over 3500 members of the Fond du Lac Band to stop the Band from
operating.
But Fond du Lac member Kelly Smith, who singlehandedly obtained the
petition signatures, said the RBC is flouting the constitution in order to
bar popular participation in allocating the reservation's wealth. "The
more money that comes in, the more they want to keep it closed so we don't
have any say in how it's spent, said the 29-year-old Smith.
"Right now, five people are making the decisions for 4,000 people.
I don't think five people can do that and be fair," Smith said.
In fact, 269 eligibel voters constitutes at least a quarter of
reservation adults, 1/3 of Fond du Lac's resident voters in 1996, and more
than the total number of votes that RBc incumbent Clifton Rabideaux
received to claim reelection this year as representative of the largest
Fond du Lac district. Chairman Sonny Peacock obtained 305 on-reservation
votes this year while winning by a 2-1 margin.
RBC officials could not be reached for comment, but their letter argues
that a previously unknown 1995 constitutional interpretation by the MCT's
Tribal Executive Committee [** chaired for many years by former White Earth
Tribal Chairman Darrell 'Chip' Wadena and including as voting members,
Alfred 'Tig' Pemberton, Dan Brown of Leech Lake] - apparently its ninth of
that year alone - severely restricts the referendum process. Among other
provision, the TEC resolutin "interprents" the constitution's "enacted or
proposed resolution or ordinance" to mean resolutions or ordinances...
which have been finally enacted." In other words, thribal members could
petition for a referendum on RBC actions only after the fact.
But it does not stop there. Constitutional Interpretation #95-9
also refused to achnowledge referendum pettions on "administrative and
executive power of the committe," "emergency enactments passed for the
preservation of the public peac, health, and safety,' and "appropriations
necessary for the expenses, maintenance, and support of the reservation
governments and its institutions."
Such an interpretation could be cited to thwart virtually any
petition for a referendum, especially in light of the tribal governments'
limitless -- and quite creative -- interpretive powers. There are no
provisions for overturning constitutional interpretations, since the
authority to interpret the constituition is not granted to the tribal
government in that document. The TEC unilaterally assumed such power in
1980 through a constitutional interpretation which it retroactively gave
itself the authority to issue.
Smith said he will seek a federal injunction to stop construction
on the the tribal offices. In addition, he may bring the issue to the
upcoming TEC meeting. But he has no intention of appealing the ruling to
Fond du Lac's tribal court "How can you win in tribal court when they fire
the judge if they rule in your favor?" asked Smith.
Twice in the last year, the Fond du Lac business committee ignored
petitions for special RBC meetings under the reservation's by-laws, and it
recently changed the bylaws toi allow only the RBC to call such meetings.
Smith said Fond du Lac's governing body has attempted to stifle any
input from members since they voted down a 1989 referendum on an agreement
with the state to accept cash payments in return for foregoing the exercise
of treating hunting and fishing rights.
"The only right that we got to participate, they say, is the right
to vote, and people are getting more and more distrustful of the
elections," said Smith. "There's a lot of crooked stuff going on here."
Bernard J. Rock, Sr.
Leech Lake Pillager Band
Spotted Eagle Warrior Society
North Central Minnesota Native American Veterans Outreach and Resource Center
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