Today while organizing boxes of reference materials I discovered (tucked in an envelope of my grandfather’s military papers) this June 10, 1937 letter from Great Lakes Indian Agency Field Agent Peru Farver to Chief Elijah Elk.

Included with the letter is the proposed Saginaw Chippewa Corporate Charter.

Dear Mr. Elk:
There is transmitted herewith proposed Corporate Charter in duplicate to be given further consideration by your Council.  It is suggested that you hold a council meeting at an early date and make any changes the Council may think necessary on the original copy and return to me in the enclosed envelope which will require no postage.

Only changes for simplicity of wording have been made and these changes are suggested for your consideration.  The two provisions which have been materially simplified are as follows:

Sub-section (f), page 5.  “To make and perform contracts and agreements of every description, not inconsistent with law or any provision of this Charter.”

The following language has been ommitted:  “with any person, association or corporation, with any municipality or any County, or with the United States or the State of Michigan.”  This appears to be language that can be omitted as it adds little or no strength to the provision.  In other words, the full meaning and all the power is expressed in the language used in the draft you are to consider.

Section 6, page 6.  This section as we studied it in our meeting, contained two provisions.  The first part said that the Council could request the termination of any supervisory power at any time, meaning as soon as you adopt the Charter, but the Secretary of the Interior could refuse such request if he so desired.  The second part provides that a request can be made after 5 years and the Secretary of the Interior must submit the question to a vote of the Tribe.

In the draft now under consideration, the first part has been omitted.  The expression of the Council in our meeting seemed to be that they would not advise withdrawal of any supervisory powers for 5 years.  This section now provides that no request will be made by the Council for 5 years for the termination of supervisory powers reserved to the Secretary of the Interior.  This seems to be in accord with your views in our discussion of the Charter and is certainly much easier to understand.  If, however, you prefer the original provision it can be used.
With kind regards, I am,  Sincerely, Peru Farver.

On December 17, 2008, (former) Chief Fred Cantu, Jr. asked Saginaw Chippewa Tribal Council to pursue an agreement with Orange County Choppers (OCC) for a promotion that included a custom-built motorcycle.  The project would be overseen by Migizi’s then-CEO Jim Coleman and Soaring Eagle Casino’s marketing department.

Five months later, May 6, 2009, Sub-Chief Lorna Kahgegab-Call, Treasurer Audrey Falcon, Chaplain Gail George, At-Large Representative Michele Stanley, Saganing Representative Ron Nelson and Council Member Delmar Jackson, Sr. would approve an initial expenditure of $400,000.

The final cost of the promotion is unclear as later council minutes reveal additional expenses including a lease agreement for displaying four motorcycles, and related transportation fees billed directly to the casino by OCC.

A year earlier, Cantu’s administration authorized the purchase of a Harley Davidson Flatboy motorcycle in the amount of  $16,546.  That purchase coincided with the Ziibiwing Cultural Center’s Second Annual Bike Blessing & Rez Ride, an event which would later be deemed “cultural,” making it tax exempt.

Council minutes indicate almost half-a-million dollars was spent between February 28, 2007 and May 6, 2009 for these two events featuring five motorcycles;  including the custom-built bike which was referred to by Treasurer Falcon in email as looking like “something from the Flintstones.”

Soaring Eagle Waterpark & Hotel website.

“We are all aware of the contributions of our late Chief Peter D. Otto, who endeavored to build a solid financial state for the Tribe.  As part of Chief Otto’s work he brought Josephine Jackson on board as Personnel Director in May 1980.

“We feel that Josephine Jackson should receive a great deal of credit for assisting the Tribe in hard times.  Her drive and energy has provided the Tribe with activities that will benefit, assist, and help our people for a long time.

“Josephine or Joan as many of her friends and family call her, has served in many capacities with the Tribe.  She is a two-term Tribal Council member, she has served as tribal Treasurer, and on July 12, 1982 was elected as tribal Vice-Chairperson.

“In addition to her elected roles, Josephine also serves as tribal Personnel Director; Chairperson of the Child Welfare Committee;  Bingo Manager and has served as a member of the Board of Directors of the Inter-Tribal Council of Michigan, Inc.  Joan can be seen as a “jack-of-all-trades” for the Tribe as she is often called upon to make difficult decisions that are not always understood by everyone affected.

“If you are interviewing Josephine she would probably tell you that her most satisfying and hardest job is as the Bingo Manager.  As Bingo Manager, Joan is often called upon to work seven days a week, yet the accomplishments have been most gratifying.  Step by step the Saginaw Chippewa Tribal bingo has become an important profit-making enterprise for the Tribe.  Since the doors opened on April 25, 1981, the gross receipts have totalled over $400,000.

“Thus enabling the Tribe to:  1. Employ four full time people;  2. Create 80 part time positions;  3. Pay for the Tribal Center utilities;  4. Pay tribal debts;  5. Sponsor tribal recreational activities (e.g. Christmas Bingo, staff party, community parties etc.) and;  6. Investment.

“Besides Bingo, Josephine’s most important contributions is serving as Chairperson of the Child Welfare Committee.  Our “children are our most important resource,” so says the tribe’s Children’s Code.  With this in mind, Joan and the unpaid committee work with her spending painstaking hours making decisions concerning the welfare of our children.

“At times some of Josephine’s decisions are not popular, but at all times we believe that her decisions are based upon what is best for our people.  Therefore, we want to thank you, our Ogimaakwe (woman leader), for all the untold time that you have spent on behalf of our people.”
(By Sue Durfee, Ruth Moses and Bonnie Quigno, Tribal Observer, January 1983, Page 8, Page 9)

According to Pulitzer Prize winning investigative journalist William C. Gaines and the Society of Professional Journalism code of ethics, an “ambush” interview is seldom productive and not an example of “common sense and fairness in journalism.”

Indian Country Today continues its degradation of Jack Abramoff in “A Jack of All Sleazy Trades” (Vol. 2, Issue 12, April 4, 2012), sensationalizing a recent encounter between the former lobbyist and Tom Rodgers of Carlyle Consulting, a lobbying firm which represents tribes (including the Saginaw Chippewa).

The exchange occurred during a March 5, 2012 National Press Club panel discussion featuring Abramoff that included a bevy of tribal leaders who remained silent when given an opportunity to express themselves during a question and answer portion.

The publication’s slanted tone is evident throughout writer Rob Capriccioso’s piece:  “Anyone hoping to see Abramoff receive a smackdown from the tribal leaders was disapppointed – but one tribal lobbyist did land a punch.”

Rodgers attempted to inflame the audience by rehashing email in which Abramoff referred to his Native clients in derogatory fashion.  Apparently Rodgers wasn’t taught the adage “sticks and stones may break my bones…”

Rodgers also brought up the issue of Abramoff’s firm using life insurance policies on tribal elders as a source of revenue.  Is he aware the Saginaw Chippewas require its members to participate in such a program?  If members opt-out and chose not to pay premiums, the policy is still enforced with the tribe making payments and designated beneficiary.

In its continuing coverage of Jack Abramoff, Indian Country Today appears bias and unable to accept his remorse even after years of incarceration and sincere effort towards retribution.  Indian Country Today accuses the “liberal” media (including MSNBC) of being “friendly” towards Abramoff.  Rodgers is also quoted, “It has been abusive how the mainstream media has sought to resurrect and give him a platform.”

Indian Country Today accuses Abramoff of “ducking interviews” and not meeting with tribal citizens, but this is also not true.  I am personally aware of several Natives (including a former tribal chief) who have remained in-contact with him.  In fact, former Saginaw Chippewa Tribal Council Member Delores Jackson (the subject of the infamous “troglodyte” reference) remained friends with Abramoff throughout his incarceration until her untimely passing.  She would laugh, as many of us would, about those words that apparently some cannot move past.

Rather than learn from or transcend an unfortunate period in tribal gaming and Washington, D.C. politics, and allow a man to also make amends and rebuild his life, Indian Country Today has chosen to manipulate its demographic by pursuing its own obvious agenda.

Through the dedicated efforts of lawyers and professional staff in our Bay City branch office, our criminal prosecutions in tribal matters has increased from five cases in 2009 to 14 cases in 2010 to 26 cases in 2011.  Lead Tribal Prosecutor Roy Kranz and Assistant U.S. Attorney Libby Dill have partnered with members of the Saginaw Chippewa Indian Tribe to prosecute criminal violations occurring on the reservation in Mt. Pleasant.  Among the cases we prosecuted last year:

-A defendant was convicted of 2nd degree murder for intentionally strangling his sister to death and then flooding the kitchen where the murder took place to conceal his crime.

-A defendant was convicted of attempted murder after intentionally strangling and punching a 23-month-old victim, who sustained life-threatening injuries and suffered a stroke.  Defendant tried to conceal his crime by ordering his girlfriend, the victim’s mother, to lie to police, providing him a false alibi.  Defendant was sentenced to 365 months in prison.

-A defendant pleaded guilty to assault with intent to do bodily harm and witness tampering.  The defendant kicked and stomped his girlfriend multiple times in the head.  After the assault, defendant posted threatening messages on Facebook that he knew the eyewitnesses would see.  He also instructed a fellow inmate, who was being released, to find the victim and tell her not to report the assault.

In addition to these and other felony cases, we also launched a ticket docket for misdemeanor offenses occurring within reservation boundaries.  Chief Judge Gerald E. Rosen signed an administrative order granting authorization for the tribal police to participate in the federal misdemeanor program coordinated by the Central Violations Bureau, which allows tribal officers to issue tickets to non-Indians for misdemeanors committed on the reservation.  Between August and December 2011, 18 tickets were issued against non-Indian offenders for misdemeanor offenses involving Indian victims within reservation boundaries.

Besides prosecuting cases, our operational plan includes working with members of the Saginaw Chippewa Indian Tribe to meet the needs of victims of crime.  A multi-disciplinary team is being formed to combat child abuse and domestic and sexual violence offenses against women.  Our Tribal Liaison AUSA Laura Sagolla and Victim-Witness Coordinator Sandy Palazzolo are working with tribal law enforcement, social services professionals, victim-witness advocates, prosecutors, and FBI agents to form a multi-disciplinary team to coordinate the investigation and prosecution of domestic violence cases from the time of first reporting.   A formal protocol is now underway.

Our success in enforcing the law in tribal lands is a result of improved communication between federal law enforcement and members of the tribe.  The U.S. Attorney meets with the Saginaw Chippewa Tribal Council twice a year to report on our work and to receive input for priorities and public safety programs on the reservation.  In addition, we conduct quarterly law enforcement meetings with Tribal Police, the Tribal Prosecutor, the FBI, and city and county officers.  AUSAs also meet regularly with Tribal Police and the Tribal Prosecutor to discuss specific cases and law enforcement issues.

Training is an important part of improving public safety in tribal lands.  In 2011, the U.S. Attorney’s Office conducted three training sessions, which resulted in the certification of 140 tribal, state, and local officers to enforce federal law within reservation boundaries.  Additionally, Law Enforcement and Community Coordinators from the U.S. Attorney’s Offices in the Eastern and Western Districts of Michigan have jointly provided training to tribal law enforcement personnel on use of force, federal report writing, and methamphetamine awareness, among other topics.

People sometimes ask whether “Indian” is an appropriate term in 21st Century America.  While the term “Indian” dates back to an erroneous description made by European settlers, it is still used in the law because it is a legal term of art contained in the federal statutes to describe a subset of Native Americans who are members of a federally recognized tribe, which gives them a particular legal status.

Our efforts in the Eastern District of Michigan are part of a broader effort the Department of Justice is bringing to improve public safety in tribal communities.  The 2011 passage of the Tribal Law and Order Act enhances our ability to bring cases.  The new DOJ Office of Tribal Justice is providing a national focus on public safety in Indian Country.

The Civil Rights Division has established an Indian Working Group, taking meaningful steps to improve the federal government’s efforts to address tribal justice issues.   As U.S. Attorney General Eric H. Holder, Jr, has stated, “The public safety challenges we face in Indian Country will not be solved by a single grant or a single piece of legislation.  There is no quick fix.”  But the recent efforts by the Department of Justice “signal the U.S. government’s commitment to ensuring peace, security, opportunity and — above  all — justice on tribal lands.”
(March 2012 DOJ Report by Barbara L. McQuade, United States Attorney, Eastern District of Michigan)

Saginaw Chippewa Summer Peters (Yahbay) received Honorable Mention at the Heard Museum’s 2012 Indian Fair & Market, held March 2nd in Phoenix, Arizona.  The category in which Summer received recognition included “Culturally based work, both traditional and decorative, inspired by tradition.”

Summer’s entry titled “1946,” is a beaded piece based on a photograph from that year featuring Summer’s mother Patricia Peters (Yahbay) and her twin Ann, as infants held by their uncle Frank Peters.  Frank Peters served on the first Saginaw Chippewa Tribal Council in 1937.

“It is a tribute to the unity and closeness in Native American families that all members of the family take an active role in raising the children,” says Summer.  “It is a tribute to my Great-Uncle Frank, my mother, my aunt and my family.  This work was a labor of love.”

Summer was taught the art of traditional Native American style beadwork by the generations of women in her family.

The beaded portrait will be seen next as part of the Museum of Arts and Design’s upcoming exhibit, “Changing Hands:  Art Without Reservation (Part 3 – Contemporary Native American) in New York City, June 26, 2012 to October 21, 2012.

Peters will also be at the annual SWAIA Indian Art market, held August 18-19 in Santa Fe, New Mexico.
(By Robin Peters, April 2012, Tribal Observer)

Steel Ponies will feature “more than 20 motorcycles, each with a unique story illustrating the rich subcultures that have sprung out of the motorcycle,” and includes Evil Knievel’s bike plus a custom bike built for the Saginaw Chippewa Tribe by Orange County Choppers.

To learn more visit the Eiteljorg Museum’s website.

On September 16, 2008, Tribal Council Secretary Jeanette Leaureaux presented a memo to council requesting a $200,000 payment to descendants of the tribe’s first federally-recognized membership roll from 1939.

Leaureaux estimated the cost of the payment at $180 million based on 900 existing members descended from a Revised 1939 Base Roll (attached to the memo).

In her memo, Leaureaux stated the reason for such a request was due to several factors including the state of the U.S. economy.  The memo also claimed “Without the 1939 tribal members, the Tribe and Soaring Eagle Casino & Resort would not be here today.”

Leaureaux suggests members would use the payment to pay-off mortgages and loans (mortgages for homes on land that will revert to the tribe once a member is deceased).  She stated she’d “like to acknowledge these ’39 Tribal Members,” and infers certain members of council did “not like to acknowledge the 1939 Tribal Members, but remember if it had not been for them residing on the Isabella Reservation we would not be a reservation today.”

Leaureaux felt the payment would thank 39ers for enabling the numerous benefits members now receive;  and also pointed out when members listed on the 1982 Base Roll received 20 percent (plus interest) returned from Docket 57, not all on that base roll had a deduction from their previous docket monies, and that some individuals should not have been paid.

Leaureaux’s memo also mentions the Tribe not having a retirement plan, and that those who trace to the 1939 Base Roll would be the beneficiaries of the payment.  These two statements would surface again in a (what was perceived as retaliatory) similar request (Ordinance 29, Tribal Member Employee Incentive), which would later succeed but benefit mostly adoptees and (according to the tribe’s own prospectus) less than eight-percent of the membership.

On December 12, 2008, Leaureaux wrote Delores Jackson, “I told the Tribal Council that I would like to make a motion for payment,” but that “Tribal Chief Fred Cantu said he would not allow me to make the motion.  Chief Cantu then referred me to Legal for the definition regarding this payment.  Attached is the legal version.”

Included with her letter to Jackson was a copy of a December 3, 2008 memo to council which states:  “We need to help the official group of tribal members whose grandparents fought with the United States over the land claim issue which resulted in the payment of Docket 57…this official group got federal recognition that made this reservation and casino possible…We feel that we are shareholders/heirs to our grandparents who fought so hard to get our tribe recognition and we deserve this justified payment.”

In the National Indian Gaming Commission Bulletin (05-1, January 18, 2005) forwarded to Leaureaux from Chief Cantu (via the tribe’s legal department), the following excerpts are marked in brackets:

“Direct distributions of payments to individual tribal members, outside of a government program, are not allowed under IGRA.  However, there is an exception to this limitation.  Tribes may distribute gaming proceeds to individual tribal members if the tribe has a Revenue Allocation Plan, or RAP, that authorizes per capita payments and has been formally approved by the Secretary of the Interior.  It is in the RAP that a tribe describes how it will allocate and distribute net gaming revenues for public purposes and to individual tribal members on a per capita basis.  Per capita payment, within this context, is defined as the distribution of money or other thing of value to all members of the tribe, or to identified groups of members, which is paid directly from the net revenues of any tribal gaming activity.  The responsibility for reviewing and approving RAP’s is delegated by federal regulations to the Bureau of Indian Affairs and the Secretary of the Interior, and not the NIGC.

“Tribes typically allocate a substantial portion of their gaming revenues to the general welfare of the tribe and its members;  to tribal economic development;  and/or to government operations or programs.  When tribes establish government programs to benefit individual members, those programs should:  1)  be created in response to a recognized need within the tribal community;  2)  have eligibility criteria to determine which members qualify to participate in the program;  and 3)  not discriminate by including some members and excluding others without reasonable justification.  Payments made and services offered should be made equally available to all those who meet program standards.

“Impermissible Uses of Gaming Revenues (circled)

“Generally speaking, gaming revenues used in ways in which the tribe as a whole is not the beneficiary is an impermissible use of revenues under IGRA.  It cannot be said, for example, that payments are for the general welfare of the Indian tribe and its members when tribes make direct payments to individual tribal members without an approved RAP or outside of a government program.  A government program is one that is based on a need or requirement of the tribal community;  that has specific eligility criteria;  and that does not discriminate.  Whether the payments take the form of cash, gifts or services, if they occur without a RAP or outside of a government program, they are not permissible.

“A starting point in determining whether a program falls within IGRA’s permissible purposes is to look at other, similar programs that are customarily offered by other governments – tribal, federal, state and local.  Examples of such programs are listed above and include housing assistance, educational scholarships and nutrition assistance.  Such government programs always address the needs and requirements of the tribal community, have eligibility criteria and do not discriminate.”

Also included with the bulletin, regarding the Future Security Trust Fund (and containing the same type of brackets):

“The objectives of the Future Security Trust Fund will continue to be protection of the principal, achieving long-term growth, and generating investment income.  The income generated by this fund may be expended only when the Tribal Council, by resolution, orders the expenditure for one of the following purposes:  1)  supporting essential tribal government services;  2)  acquiring land necessary for tribal government purposes or tribal business enterprises;  3)  maintaining per-capita payments at levels established by this plan;  4)  responding to natural disasters;  5)  accomplishing essential capital projects;  or 6)  achieving significant economic development goals.

“No such expenditure may be allowed unless the Tribal Council expressly finds that other sources of funding for the intended purpose are inadequate or unavailable.  The principal of this fund will not be expended unless the Tribal Council, by resolution, orders the expenditure for one of the purposes that would justify an expenditure of fund income, and then only if the Council 1)  declares that a tribal financial emergency exists and 2)  determines that other sources of funding, including Future Security Trust Fund income, are inadequate or unavailable.”

On January 12, 2009, Chief Cantu wrote the membership regarding a January 6, 2009 request  by tribal members (led by Delores Jackson) submitted to council “to approve a payment of $200,000 to each member and descendent of the 1939 roll.”

In that letter he blatantly uses inflamatory language such as “stealing of their Tribe” as the reason behind the request, how it would have “disenfranchised the majority of the Tribe’s members” and “mortgaged our children’s future,” completely dismissing the reasons outlined in Leaureaux’s request.  Cantu references the NIGC Bulletin and further states such a motion violates Council’s oath of office.

According to a statement by Council Member Bernard Sprague (included in Cantu’s letter), the motion was denied 5-4.

Months later, on July 15, 2009, Council Member Gail George would bring forth a motion to pay certain tribal members a quarter of a million dollars tax free.  Ordinance 29 was seconded by Council Member Bernard Sprague and would pass, with Charmaine Benz, Lorna Kahgegab-Call, Ruth Moses and Ron Nelson abstaining.

It was at that time I met with George and Sprague to inquire whether they would personally benefit from the incentive, which they both denied.  Chief Cantu was also present and denied possible benefit from the incentive.

I had taken out petitions for the removal of Cantu, George and Sprague based on Tribal Ordinance 19 (Governmental Conduct and Procedures Act, “Section 3:  Duties and Responsibilities of Tribal Council Members…Questioning any matter not understood, or which is not in the best interests of the majority of tribal members.”)  I realized that another election was looming and a recall was futile, but it was more about getting out the information that Council was awarding substantial monies to a minority of members.

Tribal members began gathering daily outside Tribal Operations to protest the payout, to which Chief Cantu responded August 31, 2009 in correspondence to the membership.

In his letter, Cantu stated only members with 25 years or more “service” would qualify for the incentive, however relenting to pressure from disgruntled members and before the end of his administration, council would later lax program guidelines and a considerable number of requests would ensue.  Some of the very critics of the incentive themselves applied once they became eligible.

Cantu also confirmed the incentive would be paid from the Ben Quigno Memorial Trust Fund.  According to Ordinance 15 (Section 13), Tribal Council can use interest income from that trust at their discretion, and since it is not considered gaming revenue is not subject to NIGC regulation.

The legislative history of the ordinance reveals reductions in eligible years and incentive amount based on those years.  Although there remains strong opposition to the incentive by those who feel excluded (or ineligible), and some members have made inquires to Internal Revenue Service regarding its non-taxable aspect, the Ordinance remains in-force.

Unfortunately the incentive does not fall under gaming regulation, however does exclude a majority of the membership, and in which the tribe as a whole is not the beneficiary.

It excludes the tribe’s largest district, 3 (At-Large), discriminates against those who did not have an opportunity to work for the tribe and are now close to retirement, or were unable to work due to disability.

It was simply not initiated properly, without the input of the membership, and again benefits mostly Saginaw Chippewas residing in or close to District 1 (the Isabella Indian Reservation).

What those continuing to press the issue are failing to understand however, is the difference between the 39ers denial and the incentive approval are the source of the funds.  The Futures Trust is regulated while the Quigno Trust is at the discretion of the Council.

Yahbay Rising was originally my family newsletter, which later became a website for Saginaw Chippewas at-large.  Today it is a blog titled My Native Life.

Blogposts which generate the most interest are that which deal with controversial subjects involving tribal government, most-specifically enrollment and membership.  Much of the content is based on tribal council and tribal legal (department) actions.

Member advocacy and governmental oversight are motivating factors in maintaining the blog, including an inherent personal responsibility.

Thanks to all the dedicated readers who have made My Native Life one of the top Native American blogs, rated an 8 (out of a possible 10) by other bloggers.

My Native Life will continue to focus on news and information by, for and about Saginaw Chippewas.