# The Keweenaw Bay Ojibwe (2015) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Akeweenaw_bay%3A827548dde4e9a154 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text WIIKWEDONG DAZHI-OJIBWE The Keweenaw Bay Ojibwe Waabigwani Giizis - Flower Moon - May 2015 Issue 130 Tribal Council Members: SEXUAL ASSAULT AWARENESS WALK AT KBIC The Keweenaw Bay Indian Community’s Office of Violence against Women (OVW) and the KBIC Tribal Police held their 2nd Annual Zaagibashagaabawing “Stepping Out of the Darkness” Sexual Assault Awareness Walk on Friday, April 24, 2015, beginning at 11:30 a.m. Participants walked a 1.1 mile route to promote Sexual Assault Awareness Month and show support for sexual assault victims. The event was held at the Ojibwa Senior Citizens Building on the Mission Road in Baraga, Michigan. Following the walk a luncheon was held. The blessing was offered by Debbie Williamson. President Warren “Chris” Swartz, Jr. addressed the group, “April is Sexual Assault Awareness Month. Sexual Abuse, Rape, Criminal Sexual Conduct, Sexual Harassment, Incest, and Sexual Exploitation are all forms of sexual violence and happen when a person is forced into sexual activity that he or she do not want to be involved in or is are unable to consent to the activity. Consent is a free and active agreement given equally by both partners to engage in a specific sexual activity. Consent is never implied and cannot be assumed even in the context of a relationship. Just because you are in a relationship does not mean that you always have permission to engage in sexual activity with your partner — consent is still needed. Anyone may be a victim of rape: women, men, or children; straight or gay; and it can happen anywhere, at anytime. It is never the victim’s fault. If you have been a victim of sexual violence, seek help — it is the first step toward healing. For more information, support, or for free and confidential services call the KBIC’s Office of Violence against Women at (906) 353-4599.” Cherie Dakota, OVW Lead, said, “While we do not have many reported sexual assaults in our community, they still occur. Why would someone be sexually assaulted and not report? The victim feels ashamed. The assailant is a nice guy and well liked in the community. The victim doesn’t want to get the assailant in trouble. The victim had flirted or initiated contact with the assailant and thinks she is to blame; she is not. The victim was passed out when the assault occurred, so she thinks she is to blame; she is not. The victim is traumatized and wants to forget. Sexual assault is any type of sexual contact and behavior that occurs without the explicit consent to the recipient.” Facts about sexual violence:  Every two minutes someone in the United States is sexually assaulted.  One in three Native American women experience sexual assault in their lifetime.  One in six women experience sexual assault in their lifetime.  Rape is the most frequently committed violent crime in America. Warren C. Swartz, Jr. , President Jennifer Misegan, Vice-President Toni J. Minton, Secretary Susan J. LaFernier, Asst. Secretary Doreen G. Blaker, Treasurer Robert R.D. Curtis, Jr. Eddy Edwards Randall R. Haataja Michael F. LaFernier, Sr. Gary F. Loonsfoot, Sr. Don Messer, Jr. Donald Shalifoe, Sr. Picture by Lauri Denomie. President Warren “Chris” Swartz, Jr. with his dog, Sasha, participated in the Zaagibashagaabawing “Stepping Out of the Darkness” Sexual Assault Awareness Walk. Sasha proudly displays her teal ribbon for the event. Picture by Lauri Denomie. Captain William “Chill” Seppanen, Sr. of the KBIC Tribal Police maintained safety for walkers. SPECIAL POINTS OF INTEREST:  April 11th Tribal Council Meeting  2nd Annual Zaagibashagaabawing “Stepping Out of the Darkness” Awareness Walk  Spring Fling held  KBIC Tribal Court Assessment  New Employees  Drug Court Report  Ojibwa Senior Citizens News  Deepest Sympathy Picture by Lauri Denomie. Participants walked to promote Sexual Assault Awareness Month and to support those who are suffering from sexual abuse.    Sexual Assault is one of the most under reported crimes in America. Seventy-three (73) percent of sexual assaults are committed by someone known to the victim. Twenty-eight (28) percent of sexual as-   saults are committed by an intimate partner. Ten (10) percent of sexual assault victims are male. Fifteen (15) percent of sexual assault victims are under the age of 12. (1) Bezhig April 11, 2015 TRIBAL COUNCIL MEETING The Regular Saturday Tribal Council Meeting was held on April 11, 2015, at the Ojibwa Casino Resort Conference Room in Baraga, Michigan. Vice President Jennifer Misegan presided over the meeting with Toni Minton, Susan J. LaFernier, Doreen Blaker, Robert R.D. Curtis, Jr., Eddy Edwards, Randall Haataja, Michael F. LaFernier, Sr., Gary F. Loonsfoot, Sr., Don Messer, Jr., and Donald Shalifoe, Sr. Not present: President Warren “Chris” Swartz, Jr. Vice President Jennifer Misegan shared numerous Thank You and For Your Information items addressed to Council. Toni Minton gave the Secretary’s Report (page three), Doreen Blaker gave the Treasurer’s Report (verbal), and Larry Denomie III gave the CEO’s Report (page four). Council approved the Department Head Reports for the month of February 2015, and approved the meeting minutes for August 14, 2014, and August 29, 2014. Beth Jaukkuri on behalf of her mother, the late Jo-Ann Jaukkuri, presented a plaque and picture along with a video presentation to Council with the assistance of Angel On My Shoulder organizers in recognition of the generous donation made by the KBIC Council on behalf of Jesse Jaukkuri at a meeting held last year. The donation allowed 15 youth, who have been directly affected by cancer, to attend Camp Angel this past winter. Council’s motion included an annual donation to the Angel On My Shoulder organization which was the consensus of the Council that it will continue. Jerry Jondreau, Tribal Forester, conducted a slide show presentation to Council and the community regarding KBIC Forests: Past, Present, and Future. Robert R.D. Curtis, Jr. sought clarity for sobriety travel and family therapy sessions from a meeting held last September. Motion by Robert R.D. Curtis, Jr. to include sobriety travel and family therapy sessions in the medical travel funds of the Community Assistance Program, supported by Doreen Blaker. Ten supported (Minton, S. LaFernier, Blaker, Curtis, Edwards, Haataja, M. LaFernier, Loonsfoot, Messer, Shalifoe), 0 opposed, 0 abstained, one absent (Swartz), motion carried. Chuck Miller, SORNA Coordinator, presented Resolution KB-015-2015 in regards to Department of Justice’s sentencing, monitoring, apprehending, registering, tracking, (SMART) grant to extend funding for another two years. Motion by Susan J. LaFernier to approve Resolution KB-015-2015 Department Picture by Lauri Denomie. Amy Lemke (left) and Richard Lemke (right) representatives of Angel On My Shoulder organization, presented plaque to Vice President Jennifer Misegan, with the assistance of Beth Jaukkuri. (2) Niizh of Justice SMART Grant Application, supported by Gary Loonsfoot, Sr. Ten supported (Minton, S. LaFernier, Blaker, Curtis, Edwards, Haataja, M. LaFernier, Loonsfoot, Messer, Shalifoe), 0 opposed, 0 abstained, one absent (Swartz), motion carried. Don Messer, Jr., Interim General Manager Ojibwa Casinos, brought forth a request for an increase in fees for the Baraga County Convention and Visitor’s Bureau Room Assessment Tax. Mr. Messer indicated that we currently pay a three-percent fee, and they are requesting it be raised to four-percent. Motion by Susan J. LaFernier to table the Baraga County Convention and Visitor’s Bureau Room Assessment Tax increase, supported by Gary Loonsfoot, Sr. Ten supported (Minton, S. LaFernier, Blaker, Curtis, Edwards, Haataja, M. LaFernier, Loonsfoot, Messer, Shalifoe), 0 opposed, 0 abstained, one absent (Swartz), motion carried. Treasurer Doreen Blaker presented the April 2015 donations requests. Consensus of the Council was to refer the request of Justin Gauthier’s (Woodland Boxing Club) request for equipment to the CEO in regards to prior purchased boxing equipment in storage. Motion by Doreen Blaker to approve $8,000.00 for Baraga County Lumberjack Day Committee (full page ad and fireworks), $800.00 for Abbygail Spruce’s request for a donation to attend class trip to Europe, $500.00 for Cheryl Bogda’s request for a donation for a Relay for Life Team, $1,500.00 for Patricia Bawden’s request for travel to St. Jude Children’s Hospital (granddaughter to receive cancer treatment), $500.00 for the American Legion, Baraga Post 444, (American Flags and grave makers) and to include a letter requesting a list of names where all markers have been placed, cost of a full page ad in the Baraga Area Schools Yearbook, for a total of $11,300.00 plus the cost of a full page ad in the Baraga Area Schools Yearbook, supported by Don Messer, Jr. Ten supported (Minton, S. LaFernier, Blaker, Curtis, Edwards, Haataja, M. LaFernier, Loonsfoot, Messer, Shalifoe), 0 opposed, 0 abstained, one absent (Swartz), motion carried. Doreen Blaker, Treasurer, presented Proposed Ordinance 2015-01 in regards to Title Seven, Section 1, Marriages, and Section 2, Termination of Marriages. Motion by Doreen Blaker to Introduce the Proposed Ordinance 2015-01 and to schedule a second reading during the May 2, 2015 meeting, supported by Robert R.D. Curtis, Jr. Ten supported (Minton, S. LaFernier, Blaker, Curtis, Edwards, Haataja, M. LaFernier, Loonsfoot, Messer, Shalifoe), 0 opposed, 0 abstained, one absent (Swartz), motion carried. Council moved into closed session with Jennifer Misegan, Vice President, in regards to the General Manager applications on the agenda. After returning to open session, Council adjourned with no further motions. ~ Submitted by Newsletter Editor. SECRETARY’S REPORT FOR THE MONTH OF MARCH 2015 In March 2015 the Tribal Council held one regular meeting and four special Council meetings. Actions taken were: March 2, 2015 Special Meeting  Approved increasing starting wages up to grade four (4) to a total of 10% effective 3/2/15 but will be reduced by the FY 15 approved raise.  Repealed the Ojibwa Housing Authority (OHA) Ordinance 2009-02 and made the OHA a Department under the Tribe.  Agreed to modify the Space Lease ATM agreements with Superior National Bank to remove the ATMs from the casino and keep the ATM at the Pines.  Terminated the ATM space lease with River Valley bank at the Ojibwa Casino Marquette and to provide notice.  Approved the Gateway Software Agreement for both Casinos for Kiosk communication with the OASIS systems.  Approved the Range Corporation Services Agreement for the Tribal Center.  Continued Budget Review. March 2, 2015 Executive Board Poll  Promoted Floyd Forcia from parttime to full-time at the Transfer Station. March 12, 2015 Special Meeting  Approved the meeting minutes of October 3, 2013 – December 19, 2013, and February 20, 2015.  Approved Resolution KB-014-2015 Aanikoosing Inc. Marquette Gas Station Property Lease.  Created a Waste Management Work Group to work on an Ordinance and Regulations and for the members to be from the Natural Resources Department, Transfer Station, Tribal Police, THPO, Two Council Representatives, and the Realty Department.  Approved the Short, Cressman, and Burgess, PLLC Legal Services Agreement for the development of a Community Waste Management Ordinance.  Approved the Midwest Lake Management Inc. Services Agreement to install electrofishing equipment on      the Community’s boat. Agreed to continue reviewing the State Recycling Grant. Approved the Michigan Roundtable Statewide Racial Equity Coalition Partner Memorandum of Understanding. Approved amendments to the Personnel Policy for the Government and Enterprises listing the hours part -time employees can work. Approved the FY2015 Budget. Approved the Confidentiality Common Interest Agreement between the Department of Interior and the KBIC. March 14, 2015 Regular Meeting  Approved the Secretary’s, Treasurer’s, and CEO’s February Reports.  Approved the KBIC Purchasing and Procurement Policy Amendment.  Approved amendments to the KBIC Personnel Policy and Enterprise Employee Manual related to hiring policies.  Approved a donation of $1,214.00 to Abby Durant to attend a Surgical Technology Conference and a donation of $1,500.00 to the Tahtinen family for medical travel. March 19, 2015 Special Meeting  Approved a $20,390.00 budget modification for the Radio Station for Contractual Services with Dielectric for an Antenna Frequency Survey.  Approved the BIA Conservation Law Enforcement Officer Project (CLEO) with the KBIC.  Approved the 2015 Commercial Fishing License Applicants.  Approved the pickup bid from Fox Marquette for $27,845.00 for the Transportation Department.  Designated the Selection Committee as the Grievance Committee until the Policy is Amended.  Council consensus not to pursue the DEQ Recycling Grant and to look into ICDBG and SEDS for possible grants.  Reduced the Huron Mountain Club Payment by 50% for 2015 only for the US Geological Survey Water Monitoring Program on the Yellow Dog Plains. March 23, 2015 Telephone Poll  Accepted the March 21, 2015, resignation of Edward Edwards as the Ex- ecutive Director of The Keweenaw Bay Ojibwa Housing Authority. March 26, 2015 Special Meeting  The 12th Annual Kids Fishing Derby will be named in honor of Patrick “Hummer” LaFernier and John LaFernier.  Approved the Memorandum of Agreement between The Great Lakes Indian Fish and Wildlife Commission and KBIC for the U.S. Geological Survey Joint Funding Agreement for Stream gaging.  Approved the U.S. Department of Interior U.S. Geological Survey Joint Funding Agreement with KBIC for the stream gaging on the Silver, the Yellow dog, Salmon Trout and East Branch Salmon Trout Rivers.  Approved the Memorandum of Understanding between the KBIC and the Inter-Tribal Council of MI for the Prevention of Prescription Drug Abuse Project.  Approved the Memorandum of Understanding between the KBIC and the Inter-Tribal Council of MI under the MI Cancer Consortium Contract #695 to reduce smoking rates among youth.  Approved the MI Public Health Institute Agreement for a two-day Strategic Planning Session on May 19, and 20, 2015, to develop Strategic Planning Framework.  Approved Kissel’s bid of $36,027.00 for a 2015 Chevrolet Silverado with a plow for Baraga Casino Maintenance.  Moved the Regular Council meeting date from April 4 to April 11, 2015.  Approved the purchase of a fingerprint machine from Crossmatch in the amount of $11,500.02.  Approved the Selection Guidelines, Pre-Employment Reference Check, Applicant Pool Report, and the Applicant Scoring Sheets.  Approved a $300,000.00 Bridge Loan for Aanikoosing for capital expenses.  Approved the wage of the Tribal President to $38.22 per hour effective 1/10/15. Respectfully Submitted, Toni J. Minton, Secretary Keweenaw Bay Indian Community Tribal Court Assessment Conducted The Keweenaw Bay Indian Community voluntarily participated in a Department of Justice Grant to assess needs. The KBIC Tribal Court Assessment was conducted by Attorneys Shawn R. Frank and Mary B. Magnuson of the Jacobson Law Group of Jacobson, Magnuson, Anderson, and Halloran, P.C., of St. Paul, Minnesota. The assessment was conducted using a modified model of Tribal Court Performance Standards, specifically tailored to the needs of the Keweenaw Bay Indian Community. The assessment sought to reveal an overview of the Tribe’s Justice System, recognizing areas that function well, and identifying areas noted for improvement. The assessment focused on 1) access to justice; 2) expedition and timeliness; 3) equality, fairness, and integrity; 4) independence and accountability; 5) specific findings and needs of the KBIC Tribal Court; and 6) public trust and confidence. The KBIC Tribal Court consists of a Trial Court and an Appellate Court. The Trial Court includes a Juvenile Division and since 2010, a Healing To Wellness Court (Drug Court). In 2013, the Trial Court opened 417 cases of which 259 were criminal, 149 civil, and nine juvenile. There were no Appeals filed in 2013. There are two elected judges for the Trial Court, and three appointed judges for the Appellate Court. The Court has a Court Clerk and an Assistant Clerk who complement each other and are valuable assets to the Court. The Court offers the services of a Court Advocate at no charge to Defendants who face criminal charges. The Court Advocate offers 14 years of service to the Community. The KBIC Tribal Court is a high- functioning Court and is able to administer justice in a timely and expeditious manner; cases are resolved well within national averages. The Court’s docket and its files are managed in a timely and expeditious manner. The Court exceeds national and meets statewide standards for case disposition. The Clerk of the Tribal Court has developed extensive procedures for case management and has created a spreadsheet that contains case relevant information. The Community perception of the Court is positive and stakeholders (Community Members) are satisfied with the manner in which cases are handled. The Court treats litigants fairly and respectfully. Stakeholders reported a high level of satisfaction with the courtesy and responsiveness of the Court staff and by all accounts, the Court is run in a highly effecContinues on page eight. (3) Niswi CEO’S REPORT FOR THE MONTH OF MARCH 2015 During the month of March 2015, the CEO's office reports the following:    I have been assisting our Health Director in the finalizing of our two physicians’ contracts. Both are expected to be ready for your review and consideration next week. A good portion of our office's time has been spent getting up to speed on the Ojibwa Housing Authority and Holding Company operations since they were made a department of the Tribe. Effective March 24, Vicki Dompier was named Interim Executive Director of the Tribe's housing authority. The interim appointment was made due the resignation of Eddy Edwards. Two additional resignations were received from the housing authority also; Kristen Wakeham, who has been performing grants management activities, and Sally Snyder the entities accountant. Vicki is directing the activities of the housing authority, and I will be overseeing the activities of the holding company entities. Our office has been working and meeting with staff to ensure operations con-   tinue as normal during the transition period and filling of the vacancies takes place. We are also in the process of preparing policy and procedure amendments to come in line with the Tribe’s since the housing authority is now a department of the Tribe. On March 26, I participated in a conference call with Global Market Advisors (GMA), the firm preparing the strategic development plan for both of the Tribe's casinos. The call provided the opportunity for those Council members present to discuss the plan and GMA's work to date. It is anticipated that an initial report will be available in the next two weeks. GMA will also be providing Council and KBIC Community members an onsite presentation as well. In September of 2014, the Tribe's Gaming Commission issued a cease and desist order to casino management. The order related to business transactions taking place with vendors they found were not licensed by the commission due to the amount of business being conducted, and therefore not in compliance with the Tribe's Gaming Ordinance. Two vendors were cited in the order; one of which was Eagle Media - an entity within the Tribe’s Eagle Radio operations. I became aware of the order on March 27 and complied with the order by stopping the business transactions. I have since met with the Gaming Commission to discuss the matter, and I am working with them on clarifying the law. The casinos utilize many vendors which meet the threshold within the law requiring a license. In clarifying the law’s definition, I believe many of those vendors may not require a license.  The filling of the General Manager position for the Ojibwa Casinos is nearing completion. After Council's review and consideration of the current pool of applicants today, interviews will be scheduled within the next two weeks with the potential of an offer of hire being made shortly thereafter. Respectfully submitted, Larry Denomie III, INTERIM CEO COMMUNITY IS READY FOR SPRING — SPRING FLING HELD Picture by Lauri Denomie. Above: (left to right) Ava Picard and her daughter, McKenzy Kinnunen, visited the “Teddy Bear Clinic.” Nursing Student, Gabriel Mackey, helped facilitate the clinic. The Teddy Bear Clinic was sponsored by BCMH. Below: Keyden Goodbird receives a face painting by Brittany Brown. The face painting booth was sponsored by the Baraga GE Program. The 3rd Annual Baraga County Spring Fling was held Saturday, April 11, 2015, at the KBIC Niiwin Akeaa Center in Baraga, Michigan. “Over 228 children and 125 adults attended the event. Families and children had an opportunity to receive free books and tote bags compliments of the Baraga County Community Foundation. Children had the opportunity to play in the Bouncy House, attend a Teddy Bear Clinic, and participate in hearing and visions screenings provided by the Chassell Lions Club. There were over 20 booths with a variety of play activities for children and community resources for families,” said CCGS Director Cathy Benda. The Copper Country Great Start Collaborative along with BHK Child Development, Keweenaw Bay Indian Community, Baraga Memorial Hospital, Keweenaw Bay Ojibwa Community College, and the Baraga and L'Anse Schools Area Schools organized the event. “We would like to thank each of the service providers, as well as the families, who participated in this awesome event!” said Heather Jahfetson, BCSF Chair. Picture by Lauri Denomie. “Create your own spider” was supervised by KBIC Youth Program Facility Attendant, Waba Alakayak (Sandman Shelifoe), who assisted fourth grader, J.J. Wilson in his craft project. Picture by Lauri Denomie. (4) Niiwin FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATIONS (FDPIR) NET MONTHLY INCOME STANDARDS* (Effective October 1, 2013) *The net monthly income standard for each household size is the sum of the applicable Supplemental Nutrition Assistance Program (SNAP) net monthly income standard and the applicable SNAP standard deduction. 48 Contiguous United States: Household Size Use this amount SNAP Net Monthly Income Standard SNAP Standard Deduction FDPIR Net Monthly Income Standard 1 $ 958 + $152 = $1,110 2 $1,293 + $152 = $1,445 3 $1,628 + $152 = $1,780 4 $1,963 + $163 = $2,126 5 $2,298 + $191 = $2,489 6 $2,633 + $219 = $2,852 7 $2,968 + $219 = $3,187 8 $3,303 + $219 = $3,522 Each additional member + $335 Alaska: Use this amount Household Size SNAP Net Monthly Income Standard SNAP Standard Deduction 1 $1,196 + $260 = $1,456 2 $1,615 + $260 = $1,875 3 $2,035 + $260 = $2,295 4 $2,454 + $260 = $2,714 5 $2,873 + $260 = $3,133 6 $3,292 + $274 = $3,566 7 $3,711 + $274 = $3,985 8 $4,130 + $274 = $4,404 Each additional member FDPIR Net Monthly Income Standard + $420 FDPIR Income Deductions—see 7 CFR 253.6(e) Earned Income Deduction — Households with earned income are allowed a deduction of 20 percent of their earned income. Dependant Care Deduction — Households that qualify for the dependent care deduction are allowed a deduction of actual dependent care costs paid monthly to a nonhousehold member. Child Support Deduction — Households that incur the cost of legally required child support to or for a nonhousehold member are allowed a deduction for the amount of monthly child support paid. Medical Expense Deduction — Households that incur monthly medical expenses by any household member who is elderly or disabled are allowed a deduction in the amount of out-of-pocket medical expenses paid in excess of $35 per month. Allowable medical expenses are provided at 7 CFR 273.9(d)(3). Home Care Meal-Related Deduction — Households who furnish the majority of meals for a home care attendant are allowed an income deduction equal to the maximum SNAP benefit for a one-person household. In Fiscal Year 2014, the amounts are as follows: 48 Contiguous U.S. States   October 1, 2013—October 31, 2013 = $200   October 1, 2013—October 31, 2013 = $200 November 1, 2013—September 30, 2014—$189 For Alaska, please select appropriate link below. November 1, 2013—September 30, 2014—$189 See 7 CFR 272.7(b) for area designations in Alaska. Standard Shelter/Utility Expense Deduction — Households that incur at least one monthly shelter or utility expense are allowed a standard income deduction (see chart below). Allowable shelter/utility expenses are provided at 7 CFR 273.9(d)(6)(ii). FY2014 FDPPIR Standard Shelter/Utility Expense Deductions - Based on Region* Region States Currently with FDPIR Programs Shelter/ Utility Deduction Northeast/ Midwest Michigan, Minnesota, New York, Wisconsin $400 Southeast/ Southwest Mississippi, New Mexico, North Carolina, Oklahoma, Texas $300 Mountain Plains Colorado, Kansas, Montana, Nebraska, North Dakota, South Dakota, Utah, Wyoming $400 West Alaska, Arizona, California, Idaho, Nevada, Oregon, Washington $350 *If the geographic boundaries of an Indian reservation extend to more than one region per the identified regional groupings above, then a qualifying household has the option to receive the appropriate shelter/utility expense deduction amount for the State in which the household resides or the State in which the State agency’s central administrative office is located. (5) Naanan Picture by Lauri Denomie. Shawn Seppanen (left) joined the ranks of the Keweenaw Bay Tribal Police Department. Officer Shawn Seppanen gave his oath to serve and protect the Keweenaw Bay Indian Community before the Honorable Bradley T. Dakota, in the Keweenaw Bay Tribal Courthouse on March 23, 2015. Shawn, who is the son of Captain William “Chill” Seppanen, Sr. (right), is scheduled to attend a 17-week training program at the Police Academy located in New Mexico in the very near future. (6) Ningodwaaswi NOTICE The Ojibwa Community Library now has new hours: Monday — Thursday, 1 pm — 6 pm Friday, 9 am — 12 pm Correction: The date of birth was incorrect in the April 2015 issue. The correction follows. Welcome Drayden Loyal Forcia, born February 25, 2015, to Jade Chaudier and Jaren Forcia. Drayden was four lbs. six ounces and 18 inches in length. Proud grandparents are: Aimee Emery, Dur Chaudier, Colleen Morin, and Leslie Forcia. KBIC TO HOLD CONSTITUTIONAL CONVENTION In accordance with KBIC Tribal Council Resolution: KB-44-2014: NOW THEREFORE BE IT RESOLVED THAT: the Keweenaw Bay Indian Community Tribal Council calls for a Constitutional Convention to be held for the purpose of establishing a Judicial Branch in the Constitution and insuring a system of checks and balance. FURTHERMORE, until the Constitution is amended, amendments will not be made to the Tribal Code restricting the authority and independence of the Tribal Court. All Tribal Members are welcome and encouraged to attend. Tuesday, May 5, 2015, 5:00 p.m., Ojibwa Senior Citizen Center, Baraga, MI Refreshments will be served. Any questions or comments please sent to const-committee@kbic-nsn.gov. (7) Niizhwaaswi KBIC Tribal Court Assessment continues: tive manner. The Community and the Court have extensive due-process and equal-protection safeguards in place, both in the Tribal Code and in practice. The decisions and actions of the Tribal Court adhere to the duties and responsibilities imposed by Tribal law and policy. Decisions and action of the Court are based on legally relevant factors and are consistently applied and enforced. The Court’s decisions are fair, equitable, and consistent. Stakeholders report that generally, the Court is viewed favorably by members of the bar and the Community at large. The Assessment found that the Keweenaw Bay Tribal Court is a highly functioning and efficient court system, with dedicated, knowledgeable staff, and fair and experienced judges. The Court is supported by other Tribal Departments that play a significant role in the administration of justice on the KBIC Reservation. The Tribal Attorney prosecutes all criminal cases on the reservation and is the primary liaison to the United States Attorney’s Office. The Tribal Attorney also serves as in-house counsel to the Tribal Council and represents the Community in judicial, legislative, executive, and administrative forums. The Office of Violence Against Women provides programs and services to victims—survivors of domestic violence, sexual assault, and stalking. The program offers a 24-hour sexual assault hotline; emergency services; transitional housing; and advocacy for prosecution in Tribal, State, and Federal Court. The Tribal Social Services provides services related to adult protection, child protection, ICWA, juvenile justice, and an array of prevention programs. Stakeholders report excellent responsiveness of the Tribal Court, particularly in neglect cases, and the Court follows Title IV-E policies in the handling of child protection cases requiring out-of-home placement. The Police Department Liaison Officer is a relatively new but welcomed addition to the Court staff. He serves as bailiff during Court proceedings, acts as process server, transports individuals to and from the county jail for hearings, and assists in drug testing. The Court staff also includes one Probation Officer and one Drug Court Coordinator, who are responsible for monitoring approximately 200 individuals. The Community has a very effective and well-run Office of Child Support Enforcement. The OCSS is under the supervisory authority and budget of the Court, but it is funded separately through grants from the Department of Health and Human Services. The KBIC OCSS is a IV-D program and therefore is obligated to locate noncustodial parents, establish paternity, establish and enforce support orders, and collect child support payments from parents legally obligated to pay. The OCSS has a capable staff and an extensive and thorough policies-and-procedures manual. Stakeholders report high satisfaction with the Court in the area of child-support enforcement. Cases are processed timely and effectively with excellent communication between the Court and OCSS. Collection rates average 95%. Areas of improvement noted in the assessment includes: a substantial restructuring of the building in regards to safety; creation of additional forms and updates to current forms; and the Tribal Code, while extensive, is in need of revision. Additional funding should be made available for: additional administrative staff in both the clerk’s office and the probation department due to the large amount of paperwork that is processed by these offices; purchasing case management software, an upgraded telephone system, and a high-capacity copier/scanner; and training opportunities. Although there are minor areas for improvement, overall the Court operates within major areas of concern to the Assessment Team. (8) Ishwaaswi DRUG CONVICTION REPORT In a continuous effort to reduce the illegal use of controlled substances in our community, the Drug Task Force has requested the publication of pertinent information regarding any convictions of the Controlled Substances section of the KBIC Tribal Code §3.1706. The Tribal Court has agreed to comply with the Drug Task Force’s request and will publish a Drug Conviction Report on a routine basis. Mysti Gouge, case #15-022, controlled substance (use – Methadone and Suboxone) – 1st offense Sentencing on 04/20/2015 to: 1. $500 fine. 2. Defendant is to obtain a substance abuse screening within 30 days and is to follow the recommendations of that screening until successfully discharged. Defendant is to sign a release of information for the Court to monitor compliance. 3. Ninety days jail, credit for 23 days served, 67 days suspended pending successful completion of all terms of probation. Defendant is financially responsible for the costs of lodging/ tether and any expenses incurred while incarcerated. 4. Six-twelve months of standard alcohol and drug restricted probation with the $10 monthly fee. Defendant is financially responsible for the costs of drug and PBT tests, if any. 5. Defendant is to report Monday and Thursday to the Tribal Court, or as instructed by the Probation Department. Lisa Hutchison, case #15-027, controlled substance (possession/use - Marijuana) – 3rd offense Sentencing on 04/13/2015 to: 1. $2,000 fine, suspend $1,000 pending the Defendant does not violate per probation. 2. Defendant is to obtain a substance abuse screening and is to follow the recommendations of that screening until successfully discharged. Defendant is to sign a release of information for the Court to monitor compliance. 3. One-hundred-eighty days jail, 180 days suspended pending successful completion of all terms of probation. Defendant is financially responsible for the costs of lodging and any expenses incurred while incarcerated. 4. Six-twelve months of standard alcohol and drug restricted probation with the $10 monthly fee. Defendant is financially responsible for the costs of drug and PBT tests, if any. 5. Defendant is to report Monday-Friday to the Tribal Court until May 13, 2015. James Hutchinson, case #15-023, controlled substance (possession/use - Marijuana) – 1st offense Sentencing on 04/13/2015 to: 1. $150 fine. 2. Defendant is to obtain a substance abuse screening and is to follow the recommendations of that screening until successfully discharged. Defendant is to sign a release of information for the Court to monitor compliance. 3. Ninety days jail, ten (10) days to be served on GPS tether in lieu of jail, 80 days suspended, pending successful completion of all terms of probation. Defendant is financially responsible for the costs of lodging/tether and any expenses incurred while incarcerated. 4. Six-twelve months of alcohol and drug restricted probation with the $10 monthly fee. Defendant is financially responsible for the costs of drug and PBT tests, if any. 5. Defendant is to report to the Tribal Court as instructed by the Probation Department. 6. Defendant must show proof of attempts made to obtain his Driver’s License. Aaron White McGeshick, case #11-358, controlled substance (possession/use - Marijuana) – 2nd offense Sentencing on 03/17/2015 to: 1. Fine $250. 2. Ninety days jail, credit of 85 days served, five days to be served. Defendant is financially responsible of the costs of lodging and any expenses incurred while incarcerated. 3. Defendant is placed on Payment Probation. Defendant is to pay a minimum of $100 in costs and fees monthly. Defendant is to make arrangements with the Court from his Per Capita payments. Defendant agreed to sign a consent garnishment for his Tribal Per Capita Payments. Jean Duschaine, case #14-179, controlled substance (sale – Suboxone strips) – 1st offense Sentencing on 03/03/2015 to: 1. $500 Fine. 2. Defendant is to obtain a substance abuse screening and is to follow the recommendations of that screening until successfully discharged. Defendant is to sign a release of information for the Court to monitor compliance 3. Ninety (90) days jail, with ninety (90) days suspended pending successful completion of all terms of probation. Defendant is financially responsible of the costs of lodging and any expenses incurred while incarcerated. 4. Six to twelve months alcohol and drug restricted probation with the $10 monthly fee. Defendant is financially responsible for the costs of drug and PBT tests, if any. 5. Defendant is to report to the Tribal Court as instructed by the Probation Department. (Concurrent with #14-181). Jean Duschaine, case #14-181, controlled substance (sale – Morphine) – 2nd offense Sentencing on 03/03/2015 to: 1. $500 Fine. 2. Defendant is to obtain a substance abuse screening and is to follow the recommendations of that screening until successfully discharged. Defendant is to sign a release of information for the Court to monitor compliance 3. Ninety (90) days jail, with ninety (90) days suspended pending successful completion of all terms of probation. Defendant is financially responsible of the costs of lodging and any expenses incurred while incarcerated. 4. Six to twelve months alcohol and drug restricted probation with the $10 monthly fee. Defendant is financially responsible for the costs of drug and PBT tests, if any. 5. Defendant is to report to the Tribal Court as instructed by the Probation Department. (Concurrent with #14-179). Ava Picard, case #14-183, controlled substance (conspiracy for sale – Subutex) – 1st offense Sentencing on 02/18/2015 to: 1. $500 Fine. 2. Defendant is to obtain a substance abuse screening and is to follow the recommendations of that screening until successfully discharged. Defendant is to sign a release of information for the Court to monitor compliance 3. Ninety (90) days jail, credit for 49 days served, 41 days suspended pending successful completion of all terms of probation. Defendant is financially responsible of the costs of lodging and any expenses incurred while incarcerated. 4. Six to twelve months standard alcohol and drug restricted probation with the $10 monthly fee. Defendant is financially responsible for the costs of drug and PBT tests, if any. Alisha Pryor, case #14-186, controlled substance (sale – Marijuana) – 2nd offense Sentencing on 02/17/2015 to: 1. $500 Fine. 2. One-hundred-eighty (180) days jail, credit for seven days, 143 days suspended. Defendant is financially responsible of the costs of lodging and any expenses incurred while incarcerated. 3. Case #14-186 is added to the Defendant’s Healing to Wellness Court Program. Defendant is financially responsible for the costs of drug and PBT testing, if any. Heather Asher, case #14-188, controlled substance (sale – Suboxone strips) – 1st offense Sentencing on 01/28/2015 to: 1. $250 Fine. 2. Defendant is to obtain a new substance abuse screening and is to follow the recommendations of that screening until successfully discharged. Defendant is to sign a release of information for the Court to monitor compliance. 3. One-hundred-eighty (180) days jail, 180 days suspended. Defendant is financially responsible of the costs of lodging and any expenses incurred while incarcerated. 4. Case #14-188 is added to the Defendant’s Healing to Wellness Court Program. Defendant is financially responsible for the costs of drug and PBT testing, if any. Yvette Friisvall, case #14-187, controlled sub- stance (sale – Hydrocodone) – 1st offense Sentencing on 01/28/2015 to: 1. $250 Fine. 2. Defendant is to obtain a substance abuse screening and is to follow the recommendations of that screening until successfully discharged. Defendant is to sign a release of information for the Court to monitor compliance. 3. Thirty (30) days jail, credit for three days served, 27 days suspended. Defendant is financially responsible of the costs of lodging and any expenses incurred while incarcerated. 4. Defendant is to complete 50 hours of community service. May 2015 Calendar Events       May 02: Reg. Sat. Council Meeting, 9 am, Ojibwa, Conference Rooms; May 04: Constitutional Committee Meeting, 10 am, Council Chambers; May 05: Constitutional Convention, 5 pm, Ojibwa Senior Center; May 19: KBIC Foster Parent Recruitment Event, 5 pm, Ojibwa, Conference Rooms; May 25: Gov’t offices closed— Memorial Day Holiday; May 28: Senior Pasties. ~ submitted by newsletter editor Events occurring throughout KBIC are welcome to be listed on the Calendar of Events. Contact newsletter@kbic.nsn.gov to list your events. Some events are more detailed FYI within the newsletter. For up-to -date event listings, visit www.ojibwa.com and click on calendar. For Youth events, see @ www.ojibwa.com, click on youth club, or contact 353-4643/Main Office at Youth Club, or 353-4644 for the facility attendants or the Kitchen/craft rooms. KBIC SOLID WASTE FACILITY 16278 Ojibwa Industrial Park Road Baraga, MI 49908 (906) 353-8024 Hours of Operation: Wednesday—Friday, 9 a.m. — 3 p.m. Saturday, 10 a.m. — 2 p.m. Rates: $2.00 per 33 gallon bag $85.00 per ton $6.00 mattress $8.00 couch $4.00 chair $10.00 white goods (stove, fridge, washer, etc.) We DO NOT ACCEPT any tires at this time. (9) Zhaangaswi Leo Sam Durant, Jr. “Lishxayxit/Northern Lights” (May 24, 1972 - March 19, 2015) Leo Sam Durant, Jr. “Lishxayxit/Northern Lights,” age 42, of Gile, Wisconsin, died on Thursday, March 19, 2015, due to a history of family health issues. He was born in White Salmon, Washington, on May 24, 1972, to Leo Durant, Sr., and Alice (Alexander) Durant. Leo was employed as a truck driver in the timber industry. He also owned and operated Durant and Sons Logging with his family in Baraga, Michigan. He enjoyed fishing and hunting. He also enjoyed golfing and spending time in the mountains. Leo especially enjoyed his motorcycles and his “big” truck. He is survived by a son, Brandon Kishwalk; daughters: Kelly Jo Durant and Kailee Rose Durant; his father, Leo Durant, Sr., of Baraga; his mother, Alice Durant, of Washington; brothers: Michael Brisbois, Mitchell Durant, Steve Durant, and Robert Santangelo; sisters: Kathleen Alexander, Jamie Brisbois, Caroline Brisbois, Jackie Olney, Kimber Soman, Amanda Durant, and Amadea Durant; and many cousins, relatives, extended family, and friends. He was proceeded in death by an infant grandson; brothers: George Brisbois and Aaron Durant; and a sister, Leona Samantha Durant. Funeral services were held at the Frick-Zielinski Funeral Home in Bessemer, Michigan, on March 24, 2015, with Rev. Jean B. Rencontre officiating. Burial will take place in Washington state. The family was assisted by the Range Funeral Service Inc., and the Frick-Zielinski Funeral Home of Bessemer, Michigan. BALAC VISITS FOR STRATEGIC PLANNING AT KBIC The KBIC Bemidji Area Leaders Acting for Change (BALAC) Coalition met on April 21, 2015, at the Donald A LaPointe Health and Education Center to discuss implementation of the grant, (BALAC good Health and Wellness in Indian Country from CDC through Great Lakes Tribal Epi Center), and to make a plan for success over the next five years. First year steps to success will include: coalition building and maintenance, completing the change tool, health assessment of the community, selecting target or issues with coalition support, and selecting interventions with coalition support. The group also discussed opportunities and resources for policy, systems, and environmental improvements that support health and healthful behaviors. Attending from GLITEC were: Isaiah Brokenleg, Project Director; Brandon Thoms and Kim Swisher of Torchlight Consulting, LLC, who will be in charge of media for the grant; and Chalyse Niemic, Program assistant. KBIC DHHS staff: Elizabeth Mayo, and Mary Dee Shanahan, CHRs; Kathy Mayo, Assistant Health Administrator; and Carole LaPointe, Health Administrator. Others present were: Steven Denomie, representing KBIC Youth Programs; and Brigitte LaPointe, representing Honoring Our Children-ITC. (10) Midaaswi (906) 524-5757 KBIC PUBLIC MEETING U.S. Dept of Housing and Urban Development (HUD) Indian Community Development Block Grant (ICDBG) Mold Remediation and Prevention Grant Proposal For our Tribal owned and operated housing units A discussion with Keweenaw Bay Indian Community Members and Tribal Housing Tenants The meeting will run from Noon-2 p.m. TUESDAY, MAY 5th— Tribal Center Downstairs Conference Room We will be accepting public comments and input for the planning process and development of the grant application. A questionnaire will be available for all participants to fill out. The Tribe is eligible to apply for up to $800,000. Future meetings will follow and community members will have the opportunity to review and comment on the grant application materials. We will also be accepting public comments and have copies of the questionnaire available for those that are unable to attend by: *CALLING: Jean Jokinen at the Grants Office at 353-4205 *E-MAILING: jjokinen@kbic-nsn.gov *MAILING: Grants Office; 16429 Beartown Road; Baraga, MI 49908 Onji-Akiing Cultural Youth Camp Sponsored by GLIFWC and USFS Onji-Akiing (From the Earth) Camp Onji-Akiing (From the Earth) is a cooperative effort between the Great Lakes Indian Fish and Wildlife Commission (GLIFWC) and the Ottawa National Forest to explore opportunities for connecting children with their natural world. Hosted at the Lake Nesbit Environmental Center near Sidnaw, Michigan, the camp centers around the Medicine Wheel, addressing not only the physical but also the emotional, mental, and spiritual aspects of adventure-based learning workshops. Children explore natural resource careers and Native American treaty rights, while building leadership skills and environmental stewardship. Onji-Akiing is open to 5th-8th grade students. 2015 Programs  Natural Resource Cultural Summer Camp July 20-24, 2015 Camp Nesbit, Sidnaw, Michigan In the Ottawa National Forest         Environmental Sciences (e.g., aquatic ecology, bird life, forestry, terrestrial ecology, wildlife, technology, Career Fair, etc.) Ropes course/team building Sweat lodge Service learning Cultural exploration Hunting, fishing, archery Fireside programs Canoeing/Manoomin safe harvest Indigenous lacrosse Students will be expected to participate fully in all activities of the camp. It is important to the success of the students that they take part in all group and individual activities for service, lead- ership, recreation, and cultural awareness to the best of their abilities. Students will stay in the Camp cabins and eat meals in the dining commons. Full circle learning Our Goals:        To get youth excited and strengthen their connection to the outdoors. To educate on the importance of traditional ecological knowledge and cultural traditions. To encourage natural resource careers. To build confidence, leadership, and selfreliance. To promote and protect treaty rights. To honor all our relations. To deepen understanding of traditional ways. Applications will require a short essay (at least 100 words) on why you want to attend the 2015 Camp Onji-Akiing Summer Program. Students 5th-8th grade are accepted on the basis of their essays, recommendations, and space availability. For more information and an application please contact: Heather Naigus, GLIFWC LE Outreach Officer (906) 458-3778 hnaigus@glifwc.org Lisa Klaus, USFS Public & Administrative Affairs (906) 932-1330, ext. 328 lklaus@fs.fed.us Keweenaw Bay Indian Community Employment Opportunities NEWS FROM THE OJIBWA SENIOR CITIZENS http://www.kbic-nsn.gov/html/personnel.htm May:  May 13, 12:15 p.m. Senior Meeting.  May 27, 12:15—3:00 p.m. Pasty prep. Volunteers are needed and are very much appreciated.  May 28, 5:00—10:00 a.m. Pasty making. Volunteers are needed as early as possible! There is always something that needs to get done, including clean up after the pasties are made! Please volunteer, help out, and have some fun with us. June:  June 10, 12:15 p.m. Senior Meeting.  June 24, 12:15 p.m. Pasty prep.  June 25, 5:00 a.m. Pasty making. On-call positions: Pharmacy Technician, Facility Attendant, Registered Nurse, Licensed Practical Nurse, Internal Sales Specialist, Pharmacist, Receptionist/Clerical Worker, Fill-in Receptionist, Board Operator, Cashier, Account Executive/Sales, Community Service Supervisor, Unit Manager, Van Driver, Cleaning Person.     Purchase Referred Care Clerk (full-time) — closing date, May 7, 2015, 4 pm Anishnaabemowin Language Teacher (full-time) — closing date, May 7, 2015, 4 pm Summer College Intern (full-time, temporary) — closing date, May 15, 2014, 4 pm Tribal Attorney (full-time) — Open until filled For current job listings, complete job announcements, applications, and closing dates contact: KBIC Personnel Department, 16429 Bear Town Road, Baraga, MI 49908-9210 or 906-353-6623, ext 4176 or visit: www.ojibwa.com. PUBLIC ANNOUNCEMENT Is your charitable organization planning on holding a raffle or selling raffle tickets on the L’Anse Indian Reservation? Federal law, through the Indian Gaming Regulatory Act, granted Tribes exclusive right to regulate gaming activity on Indian lands. Even if you or the members of your organization are not tribal members, the Keweenaw Bay Indian Community Gaming Commission has the au16429 Bear Town, Rd. thority to regulate your raffle. It is Baraga, MI 49908 unlawful to game without a license. Please contact the KBIC Gaming Commission Office at (906) 353-4222 or stop by the office located at the Tribal Center for an application and a copy of the rules and regulations. Application deadline for submission of ALL Class I Drawings is 30 days and Class II Raffles is 60 days prior to your event. License Fee will be waived when the application is received within this timeline. (11) Ashi bezhig SUMMER COLLEGE INTERN PROGRAM The Tribal Council has approved funding for a Summer College Intern Program. Eight students will be placed with Tribal Departments for 12 weeks this summer, working 40 hours per week @ $9.80 per hour. Students must be KBIC members, attending college full-time during the 2014-15 academic year, continuing during the 2015-16 academic year, must have a minimum GPA of 2.00, and must provide proof of GPA, full-time status, and college major. If the number of students applying is greater than the number of positions available, the highest GPA’s will be used to determine placement. To apply, please contact the Personnel Office at the Tribal Center. The phone number is (906) 353-6623, ext. 4176. The deadline to apply is May 15, 2015, at 4 p.m. Students could begin work as early as May 26. Applications will be accepted after May 15 if all positions are not filled. If you have any questions regarding the Summer College Intern Program, please contact Amy St. Arnold, Education Director, at (906) 353-4117 or at amy@kbic-nsn.gov or Hope Laramore at the number above or at hope@kbic -nsn.gov ANNOUNCEMENT: The Keweenaw Bay Indian Community Head Start & Early Head Start will be accepting applications for the 2015-2016 school year. Applications are available at the KBIC Health Clinic, KBIC Tribal Center, Ojibwa Community College, and at the Head Start & Early Head Start Center. You may also have an application mailed to you by calling (906) 5246626. The fax is (906) 524-6622. Reminder, all applications MUST be returned with a proof of income. All applications are due by June 19, 2015. To place an ad, submit an article, or relate information, ideas, or possible articles contact: Lauri Denomie at (906) 201-0263, or e-mail: newsletter@kbic-nsn.gov. Permit No. 62 U.S Postage PAID Big Rapids, MI 49307 Keweenaw Bay Indian Community 16429 Bear Town Rd-Baraga, Mi 49908-9210 PRE-SORT STARDARD (12) Ashi Niizh To be added to the mailing list or to correct your mailing address, contact the enrollment office at (906) 353-6623 ext. 4113. All Tribal Veterans’ Meeting at the Lighthouse, Sand Point, will be held every third Wednesday of the month at 1900 hours. All Tribal Veterans are Welcome! --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Akeweenaw_bay%3A827548dde4e9a154. Public record. Not legal advice.