Tribal Council removes two District 1 representatives
Scott Csernyik
1/25/2005 12:00:00 AM
District 1 Representatives Delores Jackson and Milton "Beaver" Pelcher were voted off of Tribal Council on Oct. 25.
The two were removed individually by a 5-1-1 vote. Voting for the removal were Sub-Chief Bernie Sprague, Secretary Ruth Moses, District 1 Representatives Mike Floyd and Brent Jackson, as well as District 3 Representative Michele Stanley. District 1 Representative Diana Quigno-Grundahl was the lone dissenting vote and Treasurer Charmaine Benz abstained. Jackson's removal action hearing took place Oct. 22 and Pelcher's on Oct. 25. He did not appear for his rescheduled hearing. The hearings took place in Tribal Council chambers and followed procedures used with previous administrations.
The actions took place in accordance with Article IV, Section 14(a) of the Tribal Constitution and Section 10 of Tribal Ordinance No. 19 for misconduct and dishonesty while in office. The allegations stemmed from actions Jackson and Pelcher took to undermine Saginaw Chippewa cooperation into a Senate committee investigation of former Tribal lobbyist Jack Abramoff and public affairs consultant Michael P. Scanlon.
The removal action charged the pair sent an unauthorized letter to the lobbying firm of Greenberg Traurig on March 25.
"Your letter was not shared with or approved by the Tribal Council or Tribal chief and was an attempt to undermine the chief's authority as executive officer of the Tribe to cooperate with a federal investigation of the firm," stated Chief Audrey Falcon in the removal action notice. "Your action also delayed and obstructed the Tribe's cooperation with U.S. Sen. John McCain's investigation of this firm."
The three-paragraph letter concerned Greenberg Traurig's decision to turn over confidential files for the congressional investigation and attorney-client privilege. It was also signed by former District 1 Representative Maynard Kahgegab Jr., who was removed from office on June 2 for similar actions.
"As current members of the Saginaw Chippewa Tribal Council, we know that no resolution authorizing waiver of the Tribe's attorney-client privilege," the letter stated. "Accordingly, we are putting you on notice that you do not have an authorized waiver of the privilege and that we would consider any violation of your firm's professional ethical responsibilities to the Tribe by release of the Tribe's confidential files or otherwise as an extreme serious matter."
The removal action also stated the pair sent a letter as Tribal Council representatives to U.S. Sens. Ben Nighthorse Campbell and Daniel Inouye of the Senate Indian Affairs Committee on Sept. 12. The letter called for a "complete investigation into all lobbyists and public relations work." It also questioned Tribal spending on the Proposal 1 initiative and prior spending of certain Tribal leaders while in former positions.
"To coincide with our belief that there are two sides to every story, then what is good for one should be good for all," stated the letter. "If $14 million is an excess costs for Mr. Abramoff, Mr. Scanlon, and their companies to charge our Tribe for two years of consulting and public relations work, then I expect the committee would have the same concern when a small handful of state lobbyists and public relations firms charge an estimated $14 million for one project (Let Voters Decide Yes Ballot Campaign) within six to nine months."
Falcon said the letter was an effort to thrawt the pending Senate investigation.
"This letter was an effort by you to undermine the Tribe's position of cooperation with the Senate Committee on Indian Affairs investigation into the Tribe's prior public relations and lobbying firm," it stated. "That in your letter, among other things, you referred to the Tribal sub-chief as a �disgruntled Tribal leader' giving the Senate committee the impression that the sub-chief was not speaking on behalf of the Tribal Council."
Jackson's removal action also included a third charge that she delivered a "statement concerning the Saginaw Chippewa Indian Tribe" to the Senate Indian Affairs Committee during their Sept. 29 proceedings investigating Abramoff and Scanlon.
"Your statement was presented on official Tribal letterhead and was done without prior knowledge or approval of the Tribal Council or Tribal chief," maintained the removal action notice.
The statement alleged the Senate committee seems "to be taking sides in intra-Tribal politics and disputes by focusing its investigation on one side's consultants and attorneys."
"We fear that the committee has determined that decisions by Native American Tribal governments that are running large businesses like casinos need external oversight as to who they hire, how much they pay and whether they are satisfied," according to the statement.
Jackson said in a Oct. 26 telephone interview she found the results of the removal action hearing by reading the daily newspaper.
"I haven't even been notified I was let go," she stated. "The people voted me in there, that's why I asked that this hearing been in an open meeting. They've historically been behind closed doors because to the best of my knowledge, no one has asked for it to take place in an open meeting. The people deserve to know how their government operates. The current administration has hurt our Tribe greatly and other neighboring ones by compromising our sovereignty.
"I took an oath of office to act in the best interests of the Tribe and its members. I did that. This will only make me stronger and I will continue to ask questions."
Pelcher could not be reached for comment. The pair were to be informed of the Tribal Council's decision through an Oct. 26 letter sent certified mail.
The fate of the two vacant seats had not been determined by Tribal Council as of an Oct. 27 press deadline.