Siletz.Net Virtual Community Center for the Confederated Tribes of Siletz Indians

May 21, 2009

Tribal IDs and Traveling:
Rules for Flying and Crossing the U.S. Border with Tribal ID Cards
DHS Call Tuesday May 26 on WHTI

NCAI has received a number of questions about the use of Tribal ID cards for domestic and international travel purposes, particularly in light of some upcoming rule changes expected on June 1, 2009, and the NCAI Mid-Year conference in Niagara Falls, NY on June 14-17. Below is a summary of the rules to the best of our understanding.

* You can use Tribal ID cards (with a photo) for flying within the United States (now and after June 1).
* Every TSA agent should know this rule, but many do not. One of the primary problems is that the book of IDs they use at the airport does not have Tribal IDs examples yet. We are trying to fix this problem. In the meantime, we recommend arriving early at the airport and asking for a TSA supervisor if the first person does not accept your Tribal ID.
* Relevant TSA document for domestic flights: click here

* Currently passports are required for international flights (including Canada and Mexico). We do not anticipate a change in this rule anytime in the near future.
* Some Tribes, such as the Haudenosaunee, have designed their own tribal passport, and are trying to get them formally accepted as international travel documents.
* Currently Tribal ID cards are not sufficient for traveling by plane to Canada, Mexico, or anywhere internationally. A passport must be obtained.

* Currently, as with domestic flying, any Tribal ID card (with a photo) is acceptable for international land and water border crossing. However, this rule changes on June 1, 2009.
* There is a new rule (WHTI-Western Hemisphere Travel Initiative) which requires Tribes to increase the security of their Tribal ID cards, and allow DHS to verify the ID holder’s identity. If a Tribe does not have this new type of ID after June 1, tribal members are not supposed to be able to use them to cross the border.
* However, due to the high costs of upgrading Tribal IDs to DHS’s requirements, and some DHS delays, no Tribal ID will actually be in compliance by June 1. In fact, it is not anticipated that any Tribal ID card will be in compliance until at least December 2009 to June 2010.
* DHS has said that they will be “flexible” in allowing Tribal IDs to be used for a “modest, but reasonable transition period.” NCAI has no idea what “modest, but reasonable transition period” means. But we are counseling Tribal members to continue to use their Tribal ID cards (and bring the attached letter with them if they have concerns) while Tribes and NCAI fight for stronger protections for inherent border crossing rights.
* Relevant DHS Letter for border crossing: click here.

* DHS Call To Discuss WHTI:
o From DHS: Please join Customs and Border Protection (CBP), the Office of Intergovernmental Programs (IGP), and the Screening Coordination Office for conference calls to discuss the Western Hemisphere Travel Initiative (WHTI) Implementation. Please note there are two separate calls lines, divided between Northern and Southern tribes. The calls will take place on Tuesday, May, 26 2009. Please call into the conference call bridge at least 5 minutes prior to the call start time to prevent backlog. For the call, please call in from a land line rather than a cell phone if possible. There are limited lines so we do request that you please call in as a group if more than one person is calling from tribe. It is an open microphone, so please put your phones on MUTE unless you are speaking.

DATE: Tuesday, 26 May

NORTHERN BORDER TRIBAL PARTICIPANTS
Time: 3:00 p.m. EDT
Call in Number: 1-800-882-3610
Participant Code: 1130572#

SOUTHERN BORDER TRIBAL PARTICIPANTS
Time: 3:30 p.m. EDT
Call in Number: 1-800-320-4330
Participant Code: 215132#

DHS CONTACT:
Office of Intergovernmental Programs, U.S. Department of Homeland Security
Stephanie Tennyson, Stephanie.Tennyson@dhs.gov, (202) 282-9310

1301 Connecticut Avenue NW • Suite 200 • Washington, DC 20036 (202) 466-7767 • (202) 466-7797 fax • ncai@ncai.org

Tribes look to $3B share of stimulus funds
Tuesday, 5-12-09

By Marisol Bello, USA TODAY

PINE RIDGE RESERVATION, S.D. — The 30-year-old trailer that Naomi Sitting Bear shares with her two children, her sister-in-law and her nephew has a broken furnace, broken water pipes and holes in the walls and floor that let in daylight and cold air.

Outside, siding is missing, insulation is exposed, boards cover broken windows and the door has no lock, so it is blown open by the Great Plains winds.

Sitting Bear, an emergency dispatcher on the reservation, says she can't afford to repair the dilapidated trailer. She applied to rent or buy a low-cost, low-interest home from tribal housing when she graduated from high school. That was 12 years ago.

"There's just not enough housing here," says Sitting Bear, 29, who bought the trailer from her aunt six years ago for $1,000.

She hopes $3 billion in federal stimulus funding for Indian tribes will help address the chronic housing problem on Pine Ridge and reservations across the USA. More than 200,000 new homes are needed in Indian Country, the National American Indian Housing Council says.

The nation's 562 federally recognized tribes are gearing up to apply for economic stimulus money to build and repair ailing infrastructure on their reservations. The funding will go for houses, schools, jails, roads, water treatment plants and health clinics. Tribes may use grants and loans for job training, improving the energy efficiency of houses and expanding youth and domestic violence programs.

The stimulus funding is "a huge investment, but it does not begin to meet the need," says Jacqueline Johnson Pata of the National Congress of American Indians.

The congressional Joint Committee on Taxation reported in July that Indians are worse off economically than any other minority. In 2007, American Indians' median household income — the middle figure, with half the amounts above and half below — was $35,000, 31% less than the $50,700 median for all Americans, according to the Census Bureau. One in four Indians, 25%, live below the poverty line, compared with 13% of all Americans.

Indians are more likely than other Americans to live in crowded, substandard homes: 12% are without plumbing, 14% without electricity and 11% without kitchen facilities, Johnson Pata says.

Much of the stimulus funding for Indians hasn't been awarded yet. It will be distributed by various federal departments, some through grants and some on a competitive basis.

Among the tribes' proposals:

• Pine Ridge Reservation plans to apply for $12.7 million to construct 36 homes, renovate 124, repair the roofs of 150 and build a "green" government office building. It also will apply for $2 million to build an alcohol- and drug-treatment center. The tribe expects $40 million to house its courts, police, ambulance services, emergency dispatchers and detention facilities.

• White Earth Reservation in Minnesota plans to request $3.7 million for a study for a new jail, communications equipment and more officers to bolster its 22-member police force. The tribe of 19,000 on a 1,200-square-mile reservation plans to build 30 new homes with $1.3 million in housing money.

• The Confederated Tribes of Siletz Indians on the Oregon coast plans to build 10 apartments with a $1.4 million grant and construct new sidewalks with a separate $600,000 grant. The group plans to apply for $500,000 to expand a job-training program.

Pine Ridge sits on 2.8 million acres in a desolate stretch of southwestern South Dakota that includes parts of the Badlands, a national park of dry, rugged terrain.

The reservation has a troubled history — in 1890 as the site of the Wounded Knee Massacre that killed an estimated 300 Sioux and 25 cavalrymen, and in 1975 as the place where two FBI agents were killed in a shootout.

It needs 4,000 new homes for its 40,000 residents, says Paul Iron Cloud, director of Oglala Sioux Lakota Housing, the federally funded authority that provides tribal housing.

As part of $255 million in stimulus funds the Department of Housing and Urban Development already has given to U.S. tribes, the Pine Ridge agency has received $4.3 million to renovate another 124 houses and repair roofs on 150 more. Sixty percent of the homes on the reservation are substandard, tribe President Theresa Two Bulls says.

Applying for funds is a challenge for tribes which can't afford to pay grant writers and don't have the money for preliminary work, Johnson Pata says.

For the Siletz Indians, a tribe with 4,600 members, most of them scattered over an 11-county area, tapping into the federal stimulus will be challenging because they don't have the kind of large-scale, "shovel ready" projects the money is intended for, tribal planner Pamela Lind says.

Because rules vary by federal department, she says, "we're still trying to figure out how to access funding."

Elder Guest commented regarding the PBS series We Shall Remain. I've previewed a couple of the trailers. The series looks like a worthwhile effort from PBS. Apparently, you can view the episodes online at the PBS website, but I'm going to wait to record its rebroadcast, hopefully, later this season.

Below is Elder Guest's comment regarding the first episode:

This past week while reading Indian Country Today, I came across an Open Letter to PBS Television regarding "After the Mayflower," (the first episode of "We Shall Remain").

I would like to share it with the readers.

Regarding “After The Mayflower,” (the first episode of “We Shall Remain”), the the Tribal Historic Preservation Officers of the Wampanoag Tribe of Gay Head (Aquinnah), the Narragansett Indian Tribe and the Tribal Historic Preservation Authority of the Mashpee Wampanoag Tribe question the potential of this mini series to "...tell the story of pivotal moments in US history from the Native American perspective."

The THPO offices are charged by their federally recognized tribes and the National Historic Preservation Act with the responsiblility to protect, preserve and advise on regional tribal history and culture. Our ancestors are central to the events following the Mayflower landing, yet our historical guardians, our THPOs, were avoided by this PBS production.

This production uses National Endowments for the Humanities funds. We maintain that Section 106 consultation under the National Historic Preservation Act should have been addressed as the project involved federal money in the public presentation of tribal history. Our Tribal cultural authorities were not contacted to consult on the authenticity of the production's script, intent, process or end product.

We have not struggled to maintain our tribal cultural identities for nearly 400 years since colonization to be disrespectfully ignored and dismissed or to have our history misrepresented for the purpose of entertainment.

PBS, your disrespect of the tribes has done a disservice to your audience. Please note that our histories go back tens of thousands of years prior to these "pivotal" conflicts in defense of our families, our ancestral lands and our ancestral way of life.

Finally, PBS in its support and broadcasting of this production has given credence to a radically altered interpretation of the great Shawnee Chief Tecumseh's 1811 declaration to President James Madison's messenger by deleting its land based implication. "We Shall Remain" implies a call for pity and does not carry the same declaration and meaning as"... AND HERE, WE SHALL REMAIN."

End of article.

I am viewing this series. In fact, I bought the tapes. I have enjoyed watching the first tape and look forward to watching and listening to the rest.

Elder guest

I once was very proud to say I worked at Chinook Winds, in fact I used to say, each day before work, "I get to go to work today". Over the last couple years that feeling has diminished. The Lisa Brown thing is just a recent and small part of why this change has happened, policy changes, lack of observing policies that have been in place, and especially the, what I see, decreasing customer service and lack of concern over it, has taken the air out of my balloon. I truly hope that something can and is done to bring back the feelings I once had. It gets harder and harder to put on that smile and make that extra effort to give the guests that feeling that they ARE what is important at Chinook Winds !!!

Below story is from RezNet.Org

Indian Gaming Feels ‘Good Vibrations’ in Economy
April 16, 2009
By Victor Merina

PHOENIX—With the Beach Boys coming to town, Ernie Stevens Jr. had a special song in mind as he walked the exhibit floor of the National Indian Gaming Association [1]'s annual trade show.

"Good vibrations," he said of the classic hit that he insisted still captures the mood of the convention and its more than 3,500 attendees.

"That's a good song," he added. "Look around you. Everybody's excited here, networking and filling up their bags. This is what makes the world go round, this business right here."

The gaming industry may not quite spin the world like a roulette wheel and the usual slot-machine sounds did not ka-ching like noisy cash registers across this Arizona exhibit hall, but there was no mistaking the bright lights, flashy dress and gleaming aura of Indian gaming as it tries to prosper in the eye of a recession.

"I think we're starting to see recovery now, but we can't wait for a full recovery," said Stevens, an Oneida from Wisconsin who is chairman of NIGA. "We have to build now."

As the leader of the organization's 184 member tribes, Stevens has an obvious stake in painting a brighter picture during these harsh economic times. But as he walked the aisles on the opening day of the convention's exhibit hall, Stevens said he remained optimistic even though some tribal casinos have had to lay off workers or curtail expansion plans.

"We see a brighter future ahead, and we're excited about that future," he said while exchanging greetings with exhibitors and convention delegates. "But that's not going to happen until we take care of things ourselves."

Stevens acknowledged that the convention turnout may be lower this year amid the economic downturn and that while some tribes are thriving, others are hurting, in the financial malaise.

"I don't think it's devastating and I don't think we're down in the dungeon," he said of any drop-off in numbers. "There are tribes that are struggling so our heart goes out to them. We're trying to help them and stay strong. That's our main priority."

Taking care of your own is a constant theme for NIGA, which was formed in 1985 to represent tribes, businesses and organizations engaged in tribal gaming enterprises around the country.

For many convention-goers, their annual gathering is a time to enjoy headline entertainers such as the Beach Boys and Gladys Knight and an up-and-coming Native singer, Crystal Shawanda. But the convention also includes workshops on economic development, marketing, tribal leadership and other topics.

This year saw sessions with practical themes and esoteric subjects — except for those in the gaming industry. Workshops with titles such as "Life on the Slot Floor After Ticket In, Ticket Out" or "Casinos as Learning Communities" or "A Year in the Life of the Internal Audit Department" peppered the agenda.

At one Wednesday morning workshop, representatives of the Mashantucket Pequot Tribal Nation in Connecticut and the Viejas Band of Kumeyaay Indians in California shared details of their economic successes that transcended gaming. And they offered suggestions to help other tribal leaders follow suit.

But beyond the meeting rooms and membership gatherings, the heartbeat of the convention is the trade show and exhibit hall where you can win a Harley Davidson motorcycle one moment and have your picture taken with actor Adam Beach the next. Surrounding it all are the exhibitors and vendors hawking their wares to old and new consumers in Indian Country.

Chris Craft, a salesman for NOVA Gaming, LLC of Greenville, S.C., has been attending the NIGA trade show for a decade. Craft said his company has some 3,000 games in states from Oklahoma to Alabama and from New York to California while relying on tribal communities for 95 percent of its business.

He said the struggling economy has affected the industry although there are signs that things may be changing. "We've got more positive feedback," he said. "People are getting more play and some things are beginning to come around. But it's still tight out there."

Corinne Stolz, owner of JFF, or Just For Fun, Inc. based in Torrance, Calif., started her business 33 years ago and now is a major supplier of costumes and uniforms for casinos as well as for the motion picture and television industry and theme parks.

Stolz and her designer, Kevin Chen, have been coming to NIGA shows for eight years, and she said that while the exhibit hall traffic this year may be lighter, it has not been discouraging.

"We have not seen as many people, but we've had some very strong quality people who are very serious buyers," she said.

Across the way from her booth was Jeff Lazarus of Bella Bagno Inc., whose distinctive exhibit featured a sparkling white toilet holding wrapped candy in its bowl. The display publicized his company's business of providing the gaming industry with sanitary toilet covers, auto flush adaptors, toilet bowl cleaners and sanitizers.

Lazarus said the exhibit hall seemed less crowded than usual but he hasn't heard much discussion about the economic problems of those in the gaming business.

"This industry is hurt less than the others," he said. "Like, I'm in the aviation industry. Gas prices go up. Travel is less. It affects airports, dollars and this and that. But I think people are still gambling."

For tribal leaders like Stevens, the economic plight that has wracked the nation is nothing new to those in Indian Country. And as he did in his "state of the industry" speech, Stevens said that Natives have had a lengthy struggle to regain rights that have been ruptured by broken treaties and promises.

"So here I told folks: ‘Welcome to our world, America,' " Stevens said in recalling his speech. "This is what we've lived through for generations, and the reason we've survived this is because we stand together. We're united, we hold hands, and we fight this fight together."

One tribal leader who believes in that unity is Robert Benavides, governor of the Pueblo of Isleta in New Mexico. He said he always looked forward to attending the NIGA conventions because they are essential in helping to understand a changing gaming industry as well as explore other economic ventures.

"We learned to look beyond gaming early on," he said with a smile. "Indians are wise that way."

In the meantime, Benavides said he looked forward to NIGA's Wednesday night banquet and the expected musical appearance by the Beach Boys.

"They're from my era," he said with another laugh.

Good vibrations indeed.

By a predictable 6-2-1 vote, Lisa Brown was expelled from the Tribal Council today.

Those voting to expel were:
Dee Pigsley
Bud Lane
Robert Kentta
Tina Retasket
Jessie Davis
and Loraine Butler

Lillie Butler and Reggie Butler voted no on the expulsion. Lisa Brown abstained, as required.

Chairman Delores Pigsley will appoint someone to fill Brown's seat, presumably within the next few days. I've been informed that Phil Rilatos had already been asked if he was interested in taking over Lisa's seat prior to the February 21st meeting when expulsion procedures began. It remains to be seen, however, who Dee Pigsley will pick to take Lisa Brown's place.

The news today that Lisa Brown has been banned from Chinook Winds by the Siletz Tribal Gaming Commission (STGC) comes as no great surprise.

In a letter to Lisa Brown, Executive Director of the STGC Shawna Gray writes:

The Gaming Commission's investigation concluded that you have a disregard for the authority of the Siletz Tribal Gaming Commission and you are an integrity risk based on your actions in your role as a Tribal Council Member. You have abused your duties and resonsibilities as a member of the Tribal Council by interjecting yourself in the day to day activities/operations of Chinook Winds Casino Resort. You have made statements that are damaging to the Chinook Winds Resort operations. You have made Chinook Winds Casino Resort employees feel uncomfortable and threatened for their jobs and have interfered in the day to day operations of the Casino. Additionally, the racist and offensive statements made by you to the former General Manager have had a negative impact on the reputation and profit of Chinook Winds Casino Resort. Your actions since you became a member of the Siletz Tribal Council have establised a pattern of non-compliance and disregard for the Charter of the Siletz Tribal Gaming Enterprise.

The conflict of interest in this matter is stunning. Dee's majority directly hires and fires the Siletz Tribal Gaming Commission. Shawna Gray's job depends on whether she acts to satisfy her direct supervisor, Dee Pigsley and the majority on the Tribal Council, the very people who originally concocted the charges that Shawna cites. They invited the STGC to join the expulsion process. The Same group of people who now seek to expel Lisa Brown have enlisted their subordinates on the Siletz Tribal Gaming Commission to take action against her. In fact, the commission's letter reads like it could have been written by Robert Kentta, himself, Dee Pigsley's point man in the expulsion scheme.

The commission's investigation and conclusions are specious, much of which consists of secret evidence and anonymous witnesses, phantom accusers whom Lisa Brown may not question or even know the identities of, unless by an arbitrary ruling by, you guessed it, Dee Pigsley.

Don't be surprised to see Shawna Gray's admonishment and the news of the banning of Lisa Brown from the casino in the next issue of the Siletz News. The Pigsley-Bremner Political Machine can get news published in a hurry, when it benefits them. I'm sure that Chairman Pigsley will cite the commission's censure of Lisa Brown as independent corroboration to the membership of Brown's high crimes and misdemeanors, but it doesn't take long to connect the dots in this case. The other members of the Commission are Trevor Trachsel and Allison Simmons, who is Vice Chairman Bud Lane's sister-in-law. They report to Shawna Gray. And all of the commission members owe their jobs to the fact that they remain loyal to the Pigsley-Bremner political machine.

March 23, 2009

Dear Tribal Council member:

I am writing to address the charge against Lisa Brown of jeopardizing tribal assets. There is clear and compelling evidence that the jeopardizing of tribal assets has occurred many times, by Tribal Council members with many more years of experience than Lisa. In criminal law, there are degrees of seriousness of crimes, such as Theft I, II, III, and IV, but how do we measure the seriousness of this charge against Lisa Brown? The Constitutional rights of General Council for initiative, referendum, and recall open the door for a full disclosure of ALL instances of jeopardizing tribal assets, so that tribal members can put the charge against Lisa in perspective. In August of 1999, I was hired as a Gaming Commissioner for Chinook Winds. From September through December of that year I witnessed the following:

The Games Director (a close personal friend of the General Manager) attempted to bribe the Oregon State police detective assigned to Chinook Winds. Not once, but twice in the same day. The first time, he pretended to be joking, and if you can believe it, he did it in the presence of Gaming Commissioner Sar Richards. Later on the same day, he got the detective alone, and offered a bribe again. When Mr. Richards reported it to us, I learned from him that according to Oregon State law, any attempt to bribe a police official, whether joking or not, carried a $100,000 fine. Our detective at that time was a man who truly wanted our casino to succeed, and he decided not to pursue the issue. The general feeling of the other Commissioners was that if he wasn’t going to push it, neither should we. I strongly disagreed. I asked the General Manager (GM) to reprimand this employee, but he ignored me. After bringing up the issue again and again, he finally sent me a copy of a reprimand that was dated 1998 and was in regard to the Games Director using foul language, and having alcohol on his breath. I couldn’t believe it! I brought up the bribery attempt one last time, and was careful to mention the amount of the fine (a possible $200,000) at a subsequent meeting during which Dee Pigsley was present at my request. I had asked the Commission Chairman, Brad Darcy, to invite her to one of our weekly meetings between the Gaming Commission and casino management. I was fired before the Games Director was ever reprimanded and no mention of jeopardizing tribal assets ever occurred in my presence. The Games Director at that time was a practicing alcoholic with an unstable personality. Tribal Council failed to fire this man, thereby continuing and enabling the tribe’s vulnerability to six-figure fines. In addition, they took no action, nor did they direct the Gaming Commission to take action, regarding a crime that occurred on the floor of our casino. I understand this was a long time ago, but this incident helps to answer the question of degrees of seriousness of jeopardizing tribal assets, as well as fairness. Why was there no motion to expel Delores Pigsley? I was the only one fired, as I struggled to do my job.

Another time, just prior to a meeting between casino management, Tribal Council, and the Gaming Commission, we stopped by the security office and found a single employee monitoring the cameras. One employee watching the whole casino! The Security Director jumped out from his office and pretended to be monitoring the cameras as we walked through the door. When I brought it up at the meeting, the GM smooth-talked Tribal Council, but failed to answer this question: what about creating a distraction? What if a fight broke out in one area while a robbery occurred in another? It’s well-known in the gaming industry that casinos are targeted by crews, working together. At the time there were only 2 police cruisers patrolling Lincoln City, and our detective wasn’t around every day, as he monitored Spirit Mountain and other casinos. Let me tell you, Tribal Council did not want to hear it. There was a stunned silence, followed by some very real anger with me. I had been told by Brad and Sar (and I read the pertinent material) that we had the legal authority to directly oversee Security Operations but it was never attempted because the GM opposed it. Tribal Council jeopardized tribal assets to the highest degree possible, by not immediately arranging for direct and vigorous supervision of Security Operations after being informed of the issue of understaffing. I had planned to suggest discussion on whether the Gaming Commission should oversee Security, but due to the angry response I couldn’t. Why is Lisa Brown singled out for expulsion when other, far more serious instances of jeopardizing tribal assets have been considered harmless? I suggest that you read this entire letter, because this information began circulating among the audience at the 3/19 expulsion hearing, and is posted on Siletz.net.

The Gaming Commission was aware of comp violations long before the infamous Notice Of Violation (NOV) but were afraid to tell Tribal Council. We discussed it many times, and I remember the other Commissioners laughing and saying, “Who wants to tell them?” and, “Do you want to tell them?” I didn’t find it funny and said I would gladly volunteer to tell them. Not surprisingly, my offer was passed on to Dee’s ears, and I was fired before I could officially warn the Council of a possible NOV on the horizon. If the Gaming Commission and the Council had allowed me to do my job, we might have been able to address the “errors in accounting” and avoid the NOV altogether. What a bizarre and incompetent way to conduct business! Chairman Pigsley now expects us to appreciate the serious jeopardy Council member Brown has put the tribe in by asking too many questions at the casino. What a crock! The true responsibility lies squarely on the shoulders of Brad Darcy and Delores Pigsley, in 1999.

While a Gaming Commissioner, I personally approved gaming licenses for, among other positions, casino security officers. Many of these applicants were police academy rejects and former policemen who were fired, for the most part, for domestic violence. The Commission as a whole didn’t have a high opinion of this sorry lot. Many had charges on their records. My son, a tribal member with a spotlessly clean record, applied for a security position and was rejected by the Human Resources Director, Phil Rilatos, Sr. who preferred to offer my son a custodial position so he could spend most of his day cleaning toilets. Article II Sec. 1 (page 2) of the Siletz Constitution states that “Each duly enrolled member . . . shall have the right to equal opportunity to participate in the economic resources . . . of the Confederated Tribes of Siletz Indians of Oregon. . .” Mr. Rilatos blatantly violated our Constitution by rejecting tribal members in favor of non-Indian outsiders, and not just in security positions. I did not intervene on behalf of my son due to conflict of interest. For those Council members who don’t understand the concept, this is an example of integrity, a subject I was grilled on during my interview process. I heard many similar stories, too many to recount here, of the same unconstitutional discrimination in hiring across the board at Chinook Winds. As for my son, he went on to work for Pinkerton Security as a bank security guard, so Phil can’t argue that he just wasn’t qualified. For me, this is the most serious example yet of jeopardizing tribal assets. If our young people are not our most precious asset, and we reject them only to lose them to other organizations, then we as a tribe are lost forever. We are done. An unknown number of young people from tribal families have been sent away feeling rejected, belittled, disrespected, dismissed, disillusioned, depressed, unwanted, and alienated from Chinook Winds casino and the Siletz tribe. GOOD JOB, DEE! GOOD JOB, PHIL! Other tribal members have been injured on the job at Chinook Winds and denied workmen’s comp.

These incidents are only a few of the appalling things I witnessed. At that time, Tribal Council was also the Chinook Winds Board of Directors, in a strange arrangement where they reported to themselves, supervised themselves, and, I guess, answered their own questions. I worked in organizational oversight for 18 years, and I am one of the founding Board members of the Native American Youth Association in Portland. The very best Board members ask questions, listen carefully, and are allowed uncensored, independent reporting of problems employees or clients are experiencing, while making recommendations for improvement. I understand Council member Brown’s frustration at not being able to talk with employees and Directors at Chinook Winds. I appreciate her concern for our people, especially our young people, and the deep love for them that she is not afraid to show. I also understand that there is no other avenue available. Rather than addressing issues of discrimination, working conditions, and being accountable to ALL casino employees, Tribal Council eliminated the Chinook Winds Board of Directors. I’ve worked for the Oregon Dept. of Justice, County Circuit Courts, and the Multnomah Co. D.A. as well as in the fields of racial equity and suicide prevention. I’ve served on more than one Board, understand the Board position well, and I’m sad to say I’ve never seen anything like this anywhere else. I have never seen a vulnerable class like native people abandoned with no recourse for violations of their constitutional and labor rights. If Dee and the Council don’t want Lisa Brown looking into violations, then WHO WILL DO IT? Sar Richards, who couldn’t even warn Council of a comp violation? Believe it or not, yes! That’s exactly what Dee Pigsley has demanded that Lisa do.

I’m sure Dee would also recommend Tribal Court, and Judge Gantenbein. At 52 years old, I remember when it was the white people who discriminated against us, but now Pigsley does it by paying a white man to judge us! Dee, you need to re-read your tribal history. After the white men slaughtered us (remember the EXTERMINATORS?) and stole ALL OF OUR LAND, it still wasn’t enough! So they terminated us! This means that we as a tribe will NEVER get justice from a white man. Of course, Dee will tell you he has a few drops of Indian blood, so it’s all legit. I once spent a summer in law school in Spokane, and I met a dozen or so dynamic, bright, funny, full-blood Indian tribal judges, tribal attorneys, and tribal court officers. There were two young Indian attorneys I remember well, they were working on a multi-billion dollar settlement because silver mining had annihilated the salmon in a Washington tribe’s river. I remember them because they were so motivated, so inspiring, and they were working night and day for justice for this tribe. And we have to settle for an old, bitter, white judge who doesn’t know anything about Indians except that he hates them. WHY? Because Delores Pigsley does not respect her own people, and that’s what she thinks we DESERVE. And she’s trying to make a bogus case against Lisa Brown for “racial remarks”?

On March 6, 2009, I approached Robert Kentta at work and asked him why he made the motion to expel Council member Brown. Mr. Kentta said that, as a Tribal Council member, Lisa is Jim Kikumoto’s direct supervisor and that she was wrong to name him publicly on the internet. He then revealed to me his personal suspicion that Lisa Brown was responsible for the NOV Chinook Winds received. By mentioning his suspicion in the context of a conversation about why he made the motion, Mr. Kentta seemed to be saying very clearly that it was now time for payback. When I asked him, “Why not something less extreme, like sanction, or training?” he answered, “That wouldn’t work with this individual.” I said, “But isn’t there a process, of steps that can be taken before expulsion?” He replied that yes, there was a process, in the Ethics Ordinance and the Siletz Constitution.

In the 2/21/09 Tribal Council meeting minutes, Craig refers to a policy statement taken from, I believe, the Personnel Policy, that states, “members of the Council shall maintain high standards of honesty, integrity, fairness, and impartiality in their conduct as Tribal Council members and shall avoid any actions . . . which would adversely reflect on the Tribal Council or tribe.” Mr. Kentta’s statement to me that anything short of expulsion will not work with Council member Brown shows a lack of a high standard of fairness and impartiality. He’s already decided she’s a snitch and a lost cause, so how can he be fair and impartial in his vote? It’s not possible! Mr. Kentta also violates this policy by promoting a rumor for which he had no proof. Robert, I think I have shown that Dee Pigsley, and a dysfunctional Tribal Council incapable of hearing criticism of any kind, were responsible more than anyone else for the NOV. Honesty means you don’t lie about others. Integrity means, even if you think you know something, you keep your mouth shut. Fairness means you wait until you see the proof. I believe that spreading rumors about another Council member also adversely reflects on the Tribal Council, for a total of four violations of the Tribal Council Code of Conduct. In the 2/21/09 minutes I read a comment from Robert complaining that he hadn’t heard any apology from Lisa or any promise of never to do it again. He then promptly moved for expulsion. Well, Mr. Kentta, using that standard for your motion is laughable, as I will show you. In the meantime, you must live by your own rules and apologize to Lisa Brown for spreading an unfounded rumor about her. And you must promise never to do it again. I remind you again, this information is already circulating among tribal members. Bud, Tina, Robert, Lorraine, and Jessie, better put your heads together, because you’re caught between a rock and a hard place, now. The Code of Conduct that legally binds each and every one of you to “high standards of integrity, fairness and impartiality” now requires that you charge Delores Pigsley with abuse of authority; extreme and unconscionable jeopardizing of tribal assets over a long period of time; violation of the Code of Conduct; acting in a manner inconsistent with the supervisor of an employee (not firing criminals); promoting racial discrimination against tribal members; and violation of the Ethics Ordinance by using her position as Tribal Council Chairman to financially enhance herself, and members of her immediate family. Anything less than charging Dee isn’t being fair and impartial to Lisa Brown, who is facing a lifetime expulsion for FAR LESS SERIOUS violations than those that can be proven against Delores Pigsley. You need to set a hearing date to take testimony from tribal members who have been harmed by Dee! If you fail to take any action you will have breached the sacred trust invested in you by your people. Remember, it only takes 755 signatures to recall any one of you, or to cancel an expulsion and bring it to a vote of General Council. Tribal members, if you have ever been “judged” by Gantenbein, ,b>send your story to Tribal Council. Pigsley and Gantenbein work together to deny tribal members their Constitutional rights.

As to the motion for expulsion, Article VII, Sec. 5. Ordinance. Page 8-of the Siletz Constitution reads:

“. . . expulsion procedures shall be set by ordinance by the Tribal Council . . .”

In making his motion, Mr. Kentta did not refer to the criteria, nor did he carefully follow the exact procedures outlined in the expulsion ordinance required by the Constitution. He did not CITE the expulsion ordinance as authority for the motion. Instead, he whined about Lisa, then made the motion. The 2/21/09 minutes show a chaotic search for the definition of gross misconduct, but why didn’t Council refer to its properly passed expulsion ordinance for definition and clarity? This ordinance should have been sitting in front of every Tribal Council member on 2/21/09, especially Lisa Brown, as the party who would be injured. But Dee made sure to print out emails from her family for everyone. Talk about gross misconduct! These shenanigans describe it perfectly.

In closing, I would like to remind Tribal Council that there is a section of the Siletz Constitution, under the heading of PURPOSES that reads:

(8) Insure that our people shall live in peace and harmony among themselves and with all other peoples.

As justification for expulsion, Chairman Pigsley asserts that letters and angry voices must be responded to!

I hereby request a written or public response to the following:

1. Will Robert Kentta be expelled for violations of the Code of Conduct? On 2/21/09, Chairman Pigsley stated on the record that Council has never used sanction, THEY HAVE ALWAYS USED EXPULSION. I demand that my written complaint be given the same weight as those who gossiped to Tribal Council on 2/21/2009.

2. Does Council member Kentta’s failure to follow the expulsion procedures required by the Siletz Constitution invalidate the motion to expel Council member Brown?

3. Does Mr. Kentta’s failure to follow expulsion procedures required by the Constitution mean that he violated his sworn oath to uphold the Siletz Constitution? What about the others who voted FOR the motion to expel?

4. When can General Council expect Judge Gantenbein’s resignation?

5. Will Phil Rilatos be investigated for violation of the Siletz Constitution?

I’m embarrassed to have to remind Council that expulsion is an extreme, lifelong, and very serious matter. If it was happening to anyone but Lisa you would be screaming for the exact letter of the law to be followed! You swore to uphold the Siletz Constitution, and that means ALL OF IT.

There was no vote taken today on whether to expel Tribal Council member Lisa Brown. The meeting was adjourned and scheduled to continue on Saturday, March 28th. I'll publish more details as they become available.

Reported today in the Newport News-Times:

Council Seeking To Oust Brown By Terry Dillman Of the News-Times

After four previous unsuccessful campaigns, Lisa Brown landed a seat on the Siletz Tribal Council during the annual council election held Feb. 7. One of 12 candidates vying for the three open seats, she finished second overall as 401 tribal members cast ballots for her.

During their Feb. 21 session - Brown's first official regular session - council members discussed two resolutions to expel her from the council.

Based on motions by Robert Kentta, both seconded by Tina Retasket, they first agreed to move forward with expulsion proceedings, then - after a lengthy discussion - authorized Tribal Chairman Delores Pigsley to sign the resolution to proceed with expulsion. The first motion passed by a 5-2 margin, with Lillie Butler and Reggie Butler Sr. voting no, and Brown and Loraine Butler abstaining. The council approved the resolution by a 6-2 margin, again with Reggie Butler Sr. and Lillie Butler opposed, and only Brown abstaining.
Tonight in Prime Time
A special tribal council session is scheduled for 1 p.m. Thursday in tribal council chambers in the tribal administration building in Siletz to conduct the expulsion hearing.

No notice?

After receiving telephone calls and e-mails from several tribal members who voted for Brown and said they only heard about the hearing through word-of-mouth, the News-Times sent an e-mail to all tribal council members, asking them to confirm the allegations, what prompted those allegations, and what the procedure would be for replacing Brown if she is expelled.

Tribal spokesman Brent Merrill provided a written response Tuesday morning. It noted that “as a matter of protocol,” tribal council meeting minutes are routinely posted on the tribal member web page (www.ctsi.nsn.us), and copies of meeting minutes are available on request from tribal council staff members at the tribal administration office.

The resolution alleges “gross misconduct” for “acting in a manner inconsistent with the supervision of an employee; making racist comments; jeopardizing the assets of the tribe; interfering with the day-to-day operations of the tribe's gaming operation; and abuse of authority.” The expulsion process is “spelled out” in the Siletz Tribal Constitution under Article VI, Section 3 (Tribal Council Election), and Article VII, Section 4 (Expulsion), under which a tribal council member “may be expelled...for neglect of duty or gross misconduct” based on a two-thirds vote of the entire council (six votes required).

‘A racial slur'

The pivotal issue is found in a written statement Brown posted on www.siletz.net - billed as “a virtual community center” for the tribe and operated by Lynette Warren, another council candidate and a supporter of Brown - the morning after the election and a few hours before the swearing-in ceremony. A paragraph within that statement referred to Jim Kikumoto, who at the time was still general manager of the tribe's Chinook Winds Casino Resort in Lincoln City.

“Time to cut that budget - wherever possible - so members can get a bigger per capita,” Brown wrote, in part. “I was serious when I said we need to work Sar Richards into the GM position. And let Kikumoto know when it's time to go - I'll even learn how to say it in his ‘native' tongue - Japanese.”

According to the minutes from the Feb. 21 regular council session, a copy of which was provided to the News-Times, tribal members Chuvonne Metcalf, Laura Bremner, Selina Rilatos and Cynthia Farlow spoke during that session. All admonished Brown.

According to those minutes, Metcalf called the Kikumoto comment “a racial slur” and told Brown she was “an unethical person.” “What you have said is wrong,” Selina Rilatos added, noting that she believed Brown owed Kikumoto and the tribal membership an apology. Bremner deemed it an issue of “prejudice and racism,” and said she would “not tolerate that type of behavior from anyone, especially those who represent me and mine.” While she agreed that Brown had a right to her opinions and beliefs, she said it did not include “insulting this person's heritage.” Selene Rilatos talked about dealing with racism her whole life, “especially when we were being restored,” and how as a people, they “need to be united, and we need to represent ourselves professionally.” Farlow said, “There was a time when I could say I admire everyone on the council, but I can't say that today.”

Power ploy

Lynnette Warren calls the expulsion effort a “transparent power play” that would negate the wishes of 401 tribal members.

“Delores Pigsley's allies on the tribal council are determined to restore their weakening power structure by vetoing the voters' choice,” she said, alleging they had “engineered” the charges against Brown as a ploy to eject her from the council and put in a “handpicked” appointee more amenable to their perspective.

Warren said the lack of notification to tribal members - no mention in the March issue of Siletz News, the tribe's monthly newspaper, and no posting on the tribal website prior to March 12 - indicated the council's intention to expel Brown “before most tribal members even become aware of it.”

Warren called Brown's Kikumoto comment “unfortunate and ill-considered,” but not grounds for expulsion.

In an open letter to the council, posted on Siletz.net and e-mailed to the News-Times, tribal member Donna Rodriguez asked them to consider the members who voted for Brown, not “the few that hate her for their own personal reasons.” She added, “If she fails, and the people are not happy with her, then let them decide if she stays or goes at the next election. That is the right of the people. We are not YOUR tribe; you are OUR tribal council.”

If expelled, Brown could never serve again on the tribal council. Pigsley would appoint a replacement, subject to a full council vote to confirm or deny her recommendation.

Terry Dillman is the assistant editor of the News-Times. Contact him at (541) 265-8571, ext 225, or terrydillman@newportnewstimes.com.

Tomorrow at 1pm there is a Special Tribal Council Meeting in Siletz, a hearing where Dee Pigsley's Tribal Council majority plans to vote to expel Lisa Brown from the Tribal Council.

This meeting, one of the most important in our tribe's history, is not even mentioned on the calendar of events on our tribal web site.

The Community Meeting at 5:30pm is not Lisa Brown's expulsion hearing. The 1pm expulsion hearing was arranged a month ago so there has certainly been enough time to notify members, but it's not even on the calendar.

Here is the calendar for the whole month:

So you can check our tribal calendar to find out when there will be, for instance, Smoke Free Bowling in Toledo. But don't bother looking for any indication that there's going to be a Special Tribal Council Meeting to overturn the election - that's not something Dee Pigsley and Brenda Bremner think you need to know about.

Obviously this hearing should have been announced to all members on the front page of the current issue of the Siletz News, and there was more than enough time to get it in the paper. If Delores Pigsley and Brenda Bremner wanted all tribal members to know about the meeting it would have been on the front page. And it would have been announced on the front page of the tribal web site as well as on the calendar of events. Instead they plan to let tribal members know about this only after the election is overturned.

The Pigsley/Bremner political machine handles tribal members using a technique known in business as Mushroom Management:

Mushroom management is an allusion to a company's staff being treated like mushrooms: kept in the dark, covered with dung, and -- when grown big enough -- decapitated. The connotation is that the management is making decisions without consulting the staff affected by those decisions -- and possibly not even informing the staff until well after such decisions are made.

To: Loraineb@ctsi.nsn.us
Sent: 3/18/2009 1:57:42 P.M. Eastern Daylight Time
Subj: Expulsion

Our voters spoke! 401 voters decided to elect Lisa because they wanted changes, changes that members have wanted to see for the past 5-6 years. Lisa was one of the highest vote getters in our tribal election history, and with good margins over 2 incumbents, 1 tribal endorsement, and 7 other candidates. More than any other candidate in history, Lisa had 15 ideas!

Lisa deserves her seat on Tribal Council. She has devoted years of her time and effort as an advocate and candidate for Tribal council.

Lisa has diversity, new approaches and fresh ideas, all of them designed to build and compliment our tribe for the better. These traits would be an asset to our Tribal Council and members. Although Lisa will not yield her character to favor her fellow members, to say yes just to be in their favor, to have a difference of opinion or outlook on issues, is no reason to expel her.

I hope our Tribal Council has proof and solid evidence of those charges for expulsion. All members should be able to view those charges, instead the whole expulsion issue and charges were blacked out, which means the intention was to keep members in the dark until its all over. I don't think that worked.

I would be disheartened to learn that if Lisa was expelled on unsubstantiated charges and ruined for the rest of her life to find out after the fact that she was not guilty.

How would Tribal Council smooth and justify this to the voters? How would Tribal Council help our voters to forget this whole thing of overturning the voters choice?

I have faith and trust that this time our voters will not forget. This is the election they would remember because Lisa represented so much to them - A new young face with impeccable appearance, her diversity, new ideas, new opinions, new approaches, new perspectives, and changes that our voters want to see on council.

I ask you to support Lisa. Give her a chance and ample time to serve. She only served 12 days before she was ambushed (literally) with charges.

I ask you to search your conscience and heart before you vote. I ask for a positive decision for Lisa.

Rose Kentta

From: Sandie Speake
Date: 3/17/2009 1:27:56 PM
To: loraineb@ctsi.nsn.us
Subject: Tribal Council vote

Dear Loraine,

Please let me share an opinion and concern I hold ....I am worried and saddened at the impending vote the Tribal Council is about to have....Before you vote on March 19th to expel and possibly forever deprive a sitting Council Member of the privileges bestowed upon her by 401 voting members, please remember this Loraine, you may establish a precedent parallel to none by giving permission to this or any future Council the power to overturn an elected member....

The assemblage of personalities that set each Council Member apart, one from another, is what makes us strong....Healthy debate, the ability to discuss, deliberate, maintain a position on an issue without fear of reprisal and to lead with one's own convictions without fear of reprisal must be upheld and protected at all costs...

If this action is upheld now, it can happen again to anyone who dares to convey their own opinion or dialogue and our Council becomes a group of " Yes-Men " .....

Please weigh carefully your decision as it will effect us all.... My prayers are with you as you ponder your actions,
Sincerely,

Sandie Speake

Loraine, I hope you think enough of Lisa to vote not to remove her from council, Many of us voted her in and it is in the best interest of the tribe to keep her on council. Many of us are watching how this goes and we know that you are the deciding vote. Please help us to keep her in, thanks
[name withheld]

Mrs. Butler

I am writing in support of Lisa Brown. I am requesting that you vote against the expulsion of Lisa Brown and uphold the will of the tribal members in the election. Lisa was voted in by an overwhelming number of votes. We need to have individuals with differing views on our tribal council, we need individuals willing to ask questions and seek answers, we need individuals who are willing to hold themselves and other council members accountable for their actions. I believe Lisa is this type of individual.

Please do not allow political pressure to sway your decision, but instead recognize the will of our tribal members.

Thank you,

Cheryl Lauridson

From: Donna Rodriguez
Date: Thu, 12 Mar 2009 19:20:22 -0700
To: Dee Pigsley; Bud Lane; Jessie Davis; Lillie Butler; Loraine Butler; Robert Kentta; Tina Retasket
Subject: A voice in the matter of tribal ethics.

Tribal Council,

I am writing this letter on behalf of every tribal member who voted in this year's election, for every tribal member who has voted in the past and for every tribal member who will vote in the future.

I am appalled that five people (and you know who you are) on our Tribal Council believe they are above the tribe, to make decisions for us according to their wants and needs. I, and other tribal members, are appalled that you are going as far as to to expel Lisa Brown. It is totally obvious that you don't care what the tribe wants or needs.

It saddens me that we have entrusted something so precious to you people. We have entrusted you with our lives, our children's lives and OUR WAY of life. By your action, you have made it clear that your lives, your families' lives and YOUR OWN WAY of life is all that is important to you. Lisa Brown has got to Tribal Council by the peoples vote! It is because she is not who you wanted to win the election and because she has personally pointed a finger at each and everyone of you that you want her gone. You are planning to make sure to get rid of her for good. What does that say for each and every one of your own council ethics?

It does not matter whether you like Lisa or not. It does not matter whether I like Lisa or not. Your job is for the tribe, to help the tribe in making important decisions, not to make them for the tribe. The majority voted Lisa into council and she deserves the right to prove herself worthy or not. It is not up to five or six members of our Tribal Council to decide that Lisa is not capable of performing her job on council. Somehow, Tribal Council's power has gotten out of hand and has gone straight to their heads. It is because we trusted our council to make the right choices for the tribe and to treat us as equals (each and every one of us) that we have let you get this far. But now we see that your interest is not the tribe's interest, but your own interest. I believe that if you continue, and succeed, in your attempt to remove Lisa Brown from Tribal Council for your own reasons, without consulting with the majority of the tribe and giving them the opportunity to personally question your motives, you people will lose a lot of respect. And I don't think the three council members, who are coming to the end of their terms, want to disappoint too many tribal members. This action will no doubt affect the votes they will receive if they plan to run for council again.

I know that I am not the only one that feels this way because I have been listening to the people, unlike the tribal council who want to keep us quiet. As Tribal Council, you should not want to silence us, you should want to include the General Council in all major decisions. I like to believe that our council members have enough dignity and honesty to not let this expulsion happen. Please think of the 401 tribal members that voted Lisa in, not the few that hate her for their own personal reasons. This is not about who likes her and who does not. This is about tribal ethics! Give the girl a chance. Lisa has earned the right to show us what she can do. The members who voted for her gave her that right. If she fails and the people are not happy with her then let them decide if she stays or goes at the next election. That is the right of the people. What you are doing tells those 401 tribal members that their word does not count. I have heard several people, who did not vote for Lisa, complain about what is going on. They agree it isn't right for the council to overturn an election like this.

I also have something to say about Jim Kikimoto resigning. It is time for him to go, he should have gone sooner. If he wants to run a golf course then let him buy his own and run it. Let us get on with casino business. there are golf courses everywhere, why do you think the golf course was for sale? We need to provide training for tribal members that want to move forward in their own casino. There are so many dedicated tribal members working at our casino that need the opportunity to advance and never get it.

The economy is not our only problem at the casino. If you go behind the pretty lights and slots, there are a lot of things being ignored. Things that would make the casino run smoothly, like a working freight elevator, a working escalator, a larger kitchen and food storage (freezers, coolers, work areas, etc...), building a positive work force and much more. the list is so long I cannot include everything. Give the people back their hours and stop wasting money on stupid fitness challenges and employee golf tournaments...all things to bring business into the golf course. Forget the golf course for now. Concentrate on getting the casino back into production, our marketing team needs to bring the business back into the casino where it belongs. The casino is why we are here.

We need to get our people into training and get them into positions that will make them feel good about themselves. Give them encouragement and reasons to better themselves. That was the original goal and we lost track of that goal since Jim K. has been here. It is time to FOCUS on the tribes best interests once again.

I know you think that I am no one important and that my opinion does not matter. But I know better, I am an enrolled Siletz tribal member and I am proud to be Indian, rich or poor, no matter what! My opinion does matter because I am tribal. Every one of our tribal member's opinion matters whether you like to think so or not. Stop excluding the membership! We are not YOUR tribe, you are OUR Tribal Council.

Sincerely,
Donna J. Rodriguez #1054
One of many concerned tribal members.