The Keweenaw Bay Ojibwe (2017)

WIIKWEDONG

DAZHI-OJIBWE

The Keweenaw Bay Ojibwe

Gashkadino Giizis - Freezing Moon - November 2017

Niimigiimiwan

“Dancing in the Rain”

9th Annual Domestic Violence Awareness Event Held

Issue 160

Tribal Council Members:

Warren C. Swartz, Jr., President

Jennifer Misegan, Vice-President

Susan J. LaFernier, Secretary

Toni J. Minton, Asst. Secretary

Doreen G. Blaker, Treasurer

Robert R.D. Curtis, Jr.

Frederick Dakota

Randall R. Haataja

Michael F. LaFernier, Sr.

Gary F. Loonsfoot, Jr.

Rodney Loonsfoot

Elizabeth D. Mayo

SPECIAL POINTS

OF INTEREST

Picture by Lauri Denomie.

The opening event to kick-off October—

National Domestic Violence Awareness Month

was held the morning of Saturday, September

30, 2017. The Niimigiimiwan “Dancing in the

Rain” event registration opened at 10 a.m.

where participants received an event tee-shirt,

appreciation gifts, and informational pamphlets. A tobacco ceremony was offered by

Debbie Williamson just prior to the two-mile

Domestic Violence Awareness Walk. Walkers

began their journey at the Niiwin Akeaa Recreational Facility, went down Beartown Road,

through Makwa Miikana to McGillian Street, up

M-38, returning to the Niiwin Akeaa Recreational Facility. Balloons were released to

heaven to reach those victims of Domestic

Violence.

President Warren “Chris” Swartz, Jr. welcomed the group as they returned for the remainder of activities being held that afternoon.

Red River Singers provided the Welcome and

Traveling song. Participants enjoyed a grand

feast and were able to participate in a number

of raffles. The highlight of the event was guest

speaker, Star Nayea, a Native Grammy Recording Artist. She shared an awe-inspiring

life story that depicts sheer will to live and utter survival. Her inspiring message included

music which she composes.

The event was sponsored by the Keweenaw Bay Indian Community through the

Office of Violence Against Women.

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~ By Lauri Denomie, Newsletter Editor

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9th Annual Domestic Violence

Awareness—

Niimigiimiwan

Updates on Tobacco, Budgets, and Casino Projects

Foster Parent Recognition

Dinner Held

The Great Debate: Medical

Marijuana

Harvest Feast Held

KBIC Court Report

— NOTICE —

Council approved a services agreement with LaCourt Gas for LP gas for

the upcoming heating season.

The following are details of the program:



Tribal members who meet LaCourt’s credit program will be provided a guaranteed maximum price

of $1.40 per gallon.

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The price is locked in for the period of 11/1/17-5/31/17.



Members may need to provide LaCourt with a copy of their enrollment card.



The program only extends to members’ main residences located

within LaCourt’s service area.

(Second residences, camps, commercial buildings are not eligible.)



Members can contact LaCourt Bottle Gas to see if they are eligible.

Picture by Lauri Denomie.

Guest Speaker, Star Nayea.

November 2017 Calendar

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Picture by Lauri Denomie.

Miss Jr. Keweenaw Bay, Starr Dunleavy, proudly participated in the

Domestic Violence Awareness Walk sharing her message.

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Nov. 3: Council Meeting at Harvey

Community Center, 2 p.m.;

Nov. 10: Veteran’s Day, Gov’t offices closed;

Nov. 23: Thanksgiving, Gov’t offices

closed;

Nov. 24: Native American Heritage

Day, Gov’t offices closed.

(1) Bezhig

October 7, 2017 TRIBAL COUNCIL MEETING

The Regular Saturday Tribal Council Meeting was held on October 7, 2017, at the Ojibwa Senior Citizens Center in Baraga, Michigan. President Warren Swartz, Jr., presided over the meeting with

Jennifer Misegan, Susan J. LaFernier, Toni Minton, Doreen Blaker,

Robert R.D. Curtis, Jr., Fred Dakota, Randall Haataja, Michael F.

LaFernier, Sr., Gary F. Loonsfoot, Jr., Rodney Loonsfoot, and

Elizabeth D. Mayo present.

President Swartz shared numerous Thank You and For Your

Information items addressed to Council.

Vice President Jennifer Misegan gave the Vice President’s Report (page five), and Susan J. LaFernier gave the Secretary’s Report (page five). Council approved the July and August Department Head Reports, and the August 24, 2017 Council Meeting

Minutes.

Under new business: Diana Chaudier, Election Board Chairman, informed Tribal Council that the Election Board met on Friday

afternoon to screen the letters of intent submitted for Tribal Council

candidacy. Due to immediate family member relations between

Election Board members and those members submitting their

names for candidacy, the Election Board could not conduct the

screening due to the lack of a quorum. The Election Board currently has two members eligible to serve for the 2017 Tribal Elections. Diana has provided the screening information the Election

Board will use to determine if a member is qualified to serve in the

packet. The screening will need to be conducted by Tribal Council

in order to insure that supplies are delivered in time for the Primary

Election. The deadline to request an absentee ballot is Friday, October 13, 2017. Requests are scheduled to be reviewed by the

Board on October 16, 2017. Absentee ballots will be mailed to

those members who are approved to vote absentee upon receipt of

the ballots from Governmental Business Systems – GBS. Next,

Diana, along with an Election Board Alternate, will travel to the

Marquette Trust Lands to conduct Absentee Voting on Thursday,

November 2, 2017. Jeanne Emery has been selected as the

Homebound Election Worker. She will go to those members’

homes in the Baraga District on Friday, November 3, 2017. Kurt

Knowles from GBS will be programming the Accu-Vote Machines

at the Tribal Police Department on a date to be determined. Diana,

along with a Tribal Police Officer, will witness the setting of the machines by Kurt. Five alternate Election Board Members will need to

be chosen by Tribal Council from those members who submitted

for the Election Worker positions. The deadline for members to

submit their name for Election Worker positions is October 13,

2017. The following page describes the screening Diana spoke

about. Jeanne Emery and Diana have both reviewed this list.

Listed by number is Baraga District one through eight and L’Anse

District one through five. If someone has a question regarding this,

it is preferred they refer to the number in the district rather than by

name. Diana Chaudier noted this is the first time something like

this has happened. Typically the Election Board does this, but

there are not enough Board Members left to form a quorum. Coun-

cil would normally certify them from the Election Board’s recommendation. Diana further explained under the procedures and determination for candidacy, within 28 days prior to the Primary Election, the Election Board meets to review qualifications of candidates for office which was done. The Election Board shall make

the recommendation concerning the qualifications of candidates to

Tribal Council. Unfortunately without the quorum this could not be

done. So Tribal Council shall meet in public session and make

their final determination based on the Election Board’s recommendation on the qualifications of all candidates. The two Board Members did review the candidates, and it is their recommendation to

move forward with this list. It is noted that the Council Members

who are seeking re-election do not have any of this in their packets. Motion by Elizabeth D. Mayo to certify the Baraga District

Candidates one through eight, Doreen Blaker, Robert R.D.

Curtis, Jr., Kim Klopstein, Michael Lahti, Jerry Magnant Mayo,

Robert Rodney Mayo, Don Messer, Jr., and Debbie Parrish; in

the L’Anse District one through five, Lyndon Ekdahl, Randy

Haataja, Jean Jokinen, Toni Minton, and Chris C. Voakes, supported by Jennifer Misegan. Seven supported (Misegan, S.

LaFernier, Dakota, M. LaFernier, G. Loonsfoot, R. Loonsfoot,

Mayo), 0 opposed, four abstained (Minton, Blaker, Curtis,

Haataja), motion carried. Diana Chaudier further informed Council that they need to appoint five alternate Election Board members.

She provided Council with a list of Community members who have

applied as Election Workers. It was noted on the list who has had

previous Election Board experience, and who has previously

worked as an Election Worker. Most of the time the workers have

witnessed what goes on during the Election Day. Motion by Jennifer Misegan to appoint Brenda Brunk, Emily Evans, Clayton

Ekdahl, Melissa LaFernier, and Nancy Pawlowski to the Election Board for the 2017 Primary and General Election, supported by Robert R.D. Curtis, Jr. Five supported (Misegan, S.

LaFernier, Curtis, Haataja, M. LaFernier), four opposed

(Dakota, G. Loonsfoot, R. Loonsfoot, Mayo), two abstained

(Minton, Blaker), motion carried.

Treasurer Doreen Blaker presented the October 2017 donations

requests. Motion by Jennifer Misegan to approve October

2017 donations as: $250.00 for the Sacred Heart School Bikea-Thon; $500.00 Special Olympics; $300.00 Baraga Area

School Band Department for a purchase of a piano; $500.00

Bay Cliff Health Camp; $500.00 Salvation Army to feed a hungry neighbor at Thanksgiving; $250.00 Little Brothers Friends

of the Elderly for firewood for a total of $2,300.00, supported

by Rodney Loonsfoot.

Eleven supported (Misegan, S.

LaFernier, Minton, Blaker, Curtis, Dakota, Haataja, M.

LaFernier, G. Loonsfoot, R. Loonsfoot, Mayo), 0 opposed, 0

abstained, 0 absent, motion carried.

Council moved into a Community Update presentation prior to

adjournment.

~ Submitted by Lauri Denomie, Newsletter Editor

COUNCIL HOLDS UPDATE MEETING ON TOBACCO, BUDGET, AND CASINO PROJECTS

Tribal Council held a Community Meeting for updating the Community on a number of the Tribe’s endeavors. The meeting was

held at the closing of the regularly scheduled Saturday meeting on

October 7, 2017, at the Ojibwa Senior Citizens’ Center, in Baraga,

Michigan.

Tobacco Update

Vice President Jennifer Misegan, President Warren “Chris”

Swartz, Jr., and CEO Larry Denomie III gave an update on Tobacco manufacturing. Following is a summary.

The Tribe purchased a cigarette making machine back in 2010

or 2011. As KBIC was getting a steady supply of cigarettes, the

machine wasn’t actually needed to be operational at that time. In

the recent years there have been some problems, and there have

been some seizures, so we needed to move to Plan B. The Council chose a Tobacco Company Board, and it is actually an LLC,

which was organized under Tribal Law. The four individuals chosen for this Board, who happen to be Council members, to start

working on this project are:

Jennifer Misegan, Michael F.

LaFernier, Sr., Doreen Blaker, and Warren “Chris” Swartz, Jr.

KBIC has had a relationship with Seneca Manufacturing Company

for over ten years, and they are now a partner in our Tobacco

Manufacturing. In developing our Tobacco Company, Travis

Herron, one of their owners, is on the Board to assist us.

Members of the Board travelled to New York last February. Michael Lahti traveled with the Board as he has been involved with

Seneca Tobacco Company, and the manufacturing, and he is assisting the Board. Mr. Lahti is employed at KBIC’s Convenience

Stores as Assistant Manager. The Board signed an agreement

with Seneca Tobacco Company for them to assist in the process.

Seneca actually developed another company called Allegany Capitol Enterprises. Allegany will be working with us on the manage(2) Niizh

Picture by Lauri Denomie.

ment of our Tobacco Company. Keweenaw Bay Indian Community

Tobacco Company, LLC, (KBICTC) intentions will be to manufacture cigarettes and in the future, bag tobacco and cigars. The machine we have, currently produces 100’s. This partnership will

work since they will produce what we can’t produce, Kings, and we

will produce the 100’s. The FDA has changed some regulations,

so we couldn’t develope our own brand. Seneca has that.

The facility is located at the former Tubcraft Building. The machines are installed and ready to go. The facility is two-part. One

side will house where the actual cigarettes will be made, and the

other section will store them until they are wholesaled to the Tribe’s

retail outlets. The Board is required to have a Tobacco License

issued by the Federal Tax and Trade Bureau (TTB) which was applied for in March of 2017. An agency visit by the Board was held

with the TTB in Cincinnati, Ohio, in May 2017. They were very receptive and eager to assist the Board with the process of obtaining

the required license. In August 2017, the Board participated in a

required telephone interview with the TTB. The next step will be a

site inspection on the facility and warehouse. KBICTC is unable to

Continued on page three.

manufacture tobacco products until they receive their license.

Once the inspection has been completed, the permit from the TTB

can be issued. When the license is issued, and after the ordering

of the supplies to make the cigarettes takes place, it will be six to

eight weeks to receive the supplies. The Seneca Manufacturing

Company will be manufacturing the Kings line under KBICTC’s license and will be bringing that product here. The 100’s will be

manufactured here at the KBICTC facility. This process is moving

along, not nearly as quickly as the Board would like, but it is certainly further than it has ever been before.

This cigarette machine makes about 1200 cigarettes per minute

and will only run when it needs to, about three or four times a year

at this point until marketing starts to work, and the sales pick up.

Once sales pick up, the machine will be firing up more often.

KBICTC is confident that at 1200 cigarettes a minute, they will be

able to produce a quality product and be able to account for the

waste.

KBICTC will manufacture the cigarettes and sell them to a

wholesale company which the Tribe will fully own as well. The

name of that wholesale company will be Asema Wholesale and

Distribution, and this company will sell to the Tribe’s convenience

stores and hopefully other markets after that. The profit from tobacco sales by the wholesale company, as the Tobacco Ordinance

assures, will go to support the General Welfare Support Program

which was formally known as the Sovereignty Check or Christmas

Gift Check. The Board has purchased their own stamping machine

to affix the Tribe’s tobacco stamp on all the cigarettes being sold.

The startup costs were: the donation of the machine from the

Tribe, a $100,000 gift approved by the Tribe to the company, and

there is a loan of $375,000 that the Tribe granted to the new Tobacco Company. The payments back to the Tribe for the loan will

start once manufacturing begins, and the revenue flow starts. The

money that has been acquired from the Tribe has been invested

into new machinery and setting up of the facility. There will be another loan that will be requested from the Tribe for start-up and operational costs. To get the ordering of the manufacturing supplies

going, KBICTC will need to have the start-up capital to get the

manufacturing supplies. The quantities needed to get the supplies

at a lower price, and a decent profit margin are significant. Our

partners provide the ability to buy through them using their buying

power because they are manufacturing a lot more for themselves

than what will be manufactured here. We will enjoy their cost saving on the purchasing side of the products that are needed to

manufacture our cigarettes.

You might think, what’s in it for our partners? The KBICTC

Board is working diligently on three separate agreements. There is

a licensing agreement that will allow our partners to sell their products to us because they are the owners of these brands: Herron,

Sands, Blacks, and Crimson. The Board is also working on a

manufacturing and supply agreement which allows us to get supplies from our partner at a cost savings and to help us with meeting

our manufacturing needs. The Board is also working on a management agreement. For up to the first six years, our partners will

be helping us with managing the business and training our people

to eventually fully manage independently. There is a $2.15 cost

per carton that will go back to them for this and is a licensing fee

not related to the management agreement.

Fiscal Year 2018 Budget

Treasurer Doreen Blaker discussed the Fiscal Year 2018

Budget Process.

The CEO’s office begins working on this in June. They meet

with the Council to get directives on such things as raises. From

there, they give directives to the department directors, and they are

offered budget training at the College. Sarah Maki, Assistant CEO,

has put together a template to help the directors out. Council then

schedules dates for every director to attend a session of Council

where they give a brief synopsis of what their goals are, what they

are planning on doing for that year, what their expenses are, how

many employees they have, how much revenue is needed, and

where the revenue is coming from. These presentations to Coun-

cil were done at five day long sessions during September. After

the initial round of reviews, the combined total was a little more

than over two-million over budget. It is not unusual to be overbudget. Council then gives directives to the directors to begin looking at their budgets again, or Council starts making decisions on

cuts to the budgets. Council met again and KBIC is now actually in

the black by $5,000. Revenue for the Tribe comes from grants,

fees, and casino revenue. When we talk about cutting things

down, it mainly consists of Tribal support to the grant which is approximately 13-million dollars right now. Fees and revenues are at

approximately 9-million dollars, and grants are just over 15-million

dollars. So there is a lot of money that is being worked with to

bring services to the Tribe. Council is at the verge of passing the

budgets. The casinos were told, because of the casino construction process that is going on, that table games percentages have to

be changed a bit. Instead of passing the budget without those figures being adjusted, Council will wait until a date to be determined

to pass the budget. The Council budget meetings have been open

to Tribal members.

The General Welfare

Support Program payment

will be $1800.00 this year.

We were short of revenue on

the cigarettes for the payment, however, the CFO,

Frances LaPointe, Jr., did

find some extra sources of

revenue that weren’t casino

related, so the amount could

be $1800.00. The annual

employee raise this year will be 2%.

Vice President Jennifer Misegan answered a question in regards to education.

“Last year and this year will be pretty similar; we gave approximately $644,000 of Tribal Support Funds to our Education Department to utilize. There are several different funds. One is the

Higher Ed. Fund which is the BIA Fund. We get $58,000 from the

BIA for scholarships and must use their guidelines to distribute

them. We have a Tribal Ed. Fund. This is where we pay for the

two full-time tutors in the high schools and two part-time tutors for

elementary students. We offer the incentives for the children and

for High School Graduates, and we pay cost of the banquet. We

also have some additional scholarship funds, and the Sovereign

Student Fund where students in Baraga and Marquette counties

can utilize money to help with purchasing supplies. Right now it is

set at $800 for full-time, $400 for a half-time, and $200 for less

than that. This money is actually in the 511 Larry Asher Community Service Fund and Council budgeted $190,000 in that fund.

There are also other scholarships we fund. We have the Ann

Misegan Memorial Scholarship. This year and next year we are

financing $20,000 for a Merit Scholarship for students in Michigan,

I believe. It is to encourage our students to get higher grade point

averages, 3.0 GPA or above. Last year that money was in the

Higher Ed budget, and it was given out to those through the BIA

guidelines. We also have a Forestry Scholarship which is funded

through the Forestry Funds we get from our properties when there

is a timber sale. That isn’t in the $644,000 Tribal Support that the

Tribe gives for education.

The Education Department assisted 322 students last year, averaging out to be approximately $2,000 per student per year for

students K-College. Last year we budgeted $500,000 to the Keweenaw Bay Ojibwa Community College (KBOCC). That money

goes right into their General Fund. The Education Department

served 43 KBOCC students. The College indicated that they

served 75 KBIC students. If you take the $500,000 and divide it by

75, that amount is $6,666 we give to KBIC students at KBOCC.

The Tribal Support total in last year’s budget was 14-million dollars,

we spent 1.2 million dollar on education. I believe this shows that

Council is very supportive of education.”

Casinos Update

CEO Larry Denomie III, gave the update on the casino projects.

There has been a group working on this project. Don Wren,

General Manager, came on board about a year ago and has been

involved in this process since the second vote which took place in

December of 2016, where 40-million dollars was approved for the

casino projects. The process has been exciting, frustrating, disappointing, and exciting

again. When looking back

on the budget process, we

just went through, we have

to do this. If we don’t make

a change to our facilities,

the trend that we are seeing in the revenues from

the casinos will likely continue to decline. All other

area casinos have been

upgraded, basically everyone but us. Before we can

Continued on page four.

(3) Niswi

Council Updates continues:

do the project, we need to see that the funds which were approved

for the projects equal what the general contractor, Gundlach

Champion, who was hired to do the projects can provide the Tribe

with a Guarantee Maximum Price that doesn’t go beyond the dollar

amount approved. At the beginning of the project plans we started

out at 40-million dollars, and now we are at nearly 45-million dollars at the end of September. There are many factors which

brought us to this dollar level. We had to deal with some issues in

March 2017. It became apparent there were issues that were not

in the original scope. There are problems with the water system,

the electrical system, sewer system, and things that have to be

fixed. The original plan was to add on to the Baraga casino and

remodel the existing casino space, update the hotel, the restaurant,

and the Pressbox. Tribal Council also approved an additional twomillion dollars to add to the project in Baraga to address additional

issues identified through the review process. The approved twomillion dollars was to be done in segments, and nothing was over

the $500,000 threshold. To date we have spent about four-million

dollars with Gundlach Champion since the start in preconstruction

payments required by the contract. All of what has been done to

date, the design work, and engineer work, KBIC owns.

The original project and budget in Marquette showed we

needed to replace the current drain field and put in a much larger

drain field. After our contractor found the drain field wasn’t adequate, they explored the option to put in a lagoon system. The

Tribe purchased some property on the south side of the housing

units to be able to put in a lagoon system to service this large project. Gundlach Champion looked into the requirements for putting

in a lagoon system, and it became apparent that this would not

work. The new water system has to be a certain distance from the

lagoon system. The test well they did wasn’t producing the quality

of water that was adequate to service the facility there. They then

moved over to the property we had purchased, tested the water

there, and it produced the water quality we needed. So for the distance needed for the lagoon system, it was decided to move the

lagoon system to the north side of the facility near M28. This was

not good for two reasons. It would be in view of everyone who was

driving into the facility and the prevailing winds would take the

smell into the casino area and the residential area east of the casino. The last option explored was a forced main distribution system from the casino over to Chocolay Township which is about six

miles down the road. The costs of the lagoon system actually increased as well because of additional requirement costs. The

costs of the forced main system were similar in cost to the lagoon

system. It became the preferred alternative for the waste water

system.

When we found that we needed to spend a few more million

dollars at the Marquette Casino, we had to look at the Baraga Casino for options to get the funds needed. The decision was made

to take the addition at the Baraga project off the plan and put that

money toward the Marquette project. Everyone agreed that Marquette was where the money was. The population is there, and the

ability to recover the investment was in Marquette. Everyone

wants a much nicer casino here in Baraga and that was the plan,

but obviously it is not feasible to do all the things we wanted to.

We looked at the Baraga project and wanted to take care of the

deficiencies we have there. There is the smoking environment; the

remodeling of the interior, so it is updated and looks nice; and work

on the Pressbox, hotel, and restaurant. We would be doing a lot of

what was in the original plan, but we wouldn’t be able to do the casino addition. However, we weren’t going to gain any gaming devices with this addition. In March, Gundlach Champion had about

20% of the design plan complete. We were told over time, and actually when the subcontractor bids came in is when the real numbers started coming. In May, the design plan was 30% complete,

and the total went up to 42.9-million. That was when the Marquette

Casino costs started to increase. The hotel, which was to be a

branded hotel, started at 7.25-million dollars. This was based on

other hotels built in that market area. We started with a 100-room

hotel. In July 2017, when Gundlach Champion sent the first Guarantee Maximum Price proposal, there was approximately a 2.5million dollar increase. The reason for this increase was subcontractor bids came in resulting in the increase. This also factored in

the reduction of hotel rooms from 100 to 76.

In the contract, Gundlach Champion was required to provide the

Guarantee Maximum Price in September. When they came in with

a 47-million price, we gave them a little more time as they had

some ideas of how they could get that number down. During that

time, they did manage to work on the number and bring it down a

little bit, but it obviously was not to the point where the Tribe could

afford it.

Today, we are at 46.7-million dollars. Gundlach Champion is

working diligently to find ways to get that number down even more

through modifying the design some and opting for less pricey materials. They will also assess the impact of not having a branded hotel.

The Tribe has worked on ways to address some of the increased costs as well. We worked with Chocolay Township on

possibly being a pass-through for 2% funds for the water tower

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system that has to be located down there. They agreed to accept

approximately $650,000 in 2% funding to offset the cost for the

tower. We are working diligently with the BIA for our Roads Funding, and we believe about two-million dollars from that fund can be

utilized in areas of the project in Marquette. President Warren

“Chris” Swartz, Jr., Vice President Jennifer Misegan, and Treasurer

Doreen Blaker have made some contacts with individuals on new

market tax credits which is a program where big industries are able

to use tax write offs to funnel money into new market tax credits.

Those dollars can then be used by entities to do things within commercial operations. Unfortunately there are other requirements

that come along with that, and they can’t be used to fund a casino

project. We tried to be creative with using the hotel and infrastructure, but it just didn’t work out. We are still continuing to work with

the Michigan Economic Development Corporation (MEDC) for

grant funds to help with the infrastructure costs. As there is a casino project attached to the project, the application we are submitting for these grant funds may not be considered either. However,

they are still willing to look at it. There is also another MEDC possibility related to the State of Michigan MDOT who would be applying for funding for road work to be done on M28 to keep that area

safe and allow for better mobility of traffic. President Swartz has

been working on applying for grant funding through the Shakopee

Tribe of Minnesota (Mystic Lake). They have helped us with projects in the past. Recently they provided a quarter-million dollars

for the Tribe to erect a new radio tower in Dodgeville for our radio

stations. We have looked at adjusting the Marquette design in areas that won’t affect the marketability. We are looking at the possibility of allowing the subcontractors to purchase materials through

our Ojibwa Building Supply at cost as we are the ones spending

the money on this project which would decrease our costs.

When the casino project began for Baraga, it was projected to

be at 6.5 million dollars. After modifying we are now at 3.1-million

dollars. In the original Baraga project, we were going to get a new

casino face, a complete re-do of the existing casino, a new HVAC

system, and re-do of the exterior front and parking. What we now

will be getting is: an upgrade of the water system, new electrical

service, new generator, and HVAC system which is at least an

80% air return or more so we can get the smoke cleaned up, new

casino carpeting, new ceiling tiles, roof insulation, and the west

side of the Pressbox will get new drain tile. It is disappointing that

Baraga’s casino is not getting a whole lot of work and only getting

work that has to be done.

When the casino project began for Marquette, it was projected

to be at 33.5 million dollars. After the Guarantee Maximum Price

came in, it is now 43.6-million dollars. We started out with 100room branded hotel, the capability to have 700 slot machines on

the floor, new wastewater drain field, minor upgrades to the electrical system, and three new townhouses. After the modifications, we

will have: a 76-room motel, the capability of 500 slot machines on

the floor, a forced main wastewater system to Chocolay, a major

upgrade to the electrical feed to the casino, and a costly upgrade to

natural gas. There will be no new townhouses, but we will still be

relocating three of the housing units to accommodate for the construction project.

It has been just one thing after another. Council remains focused on making this happen. We know this is something we have

to do. Gundlach Champion has been offered the opportunity of two

more weeks to work on these numbers to see what they can do to

get these numbers back in line.

There is a lot of frustration with Gundlach Champion. Obliviously they came in and told us that they thought they could do

these projects for the 40-million dollars that we had approval for.

As time went by they presented the first Guarantee Maximum Price

Proposal in July, we were speechless. How do you get so far out

of control? To be 7-million dollars away from where it is supposed

to be is unheard of. Gundlach Champion has full responsibility for

this issue, and we have been nothing but helpful to try to get the

numbers to come in line. There are still decisions to be made in

regards to Gundlach Champion about whether we want to contract

with them, and there has to be a decision made of how we are going to move forward with these projects utilizing the money available.

~ By Lauri Denomie, Newsletter Editor

ATTENTION KBIC MEMBERS:

The following Board/Committee has vacant seats:

Health Board (2) seats

Youth (6) seats

Must be able to obtain a satisfactory clearance in accordance

with the Indian Child Protection and Family Violence Prevention Act Background Investigations Policy to apply for these

committees.

Please submit an application (located at the Tribal Center in Kim

Klopstein’s or in Peggy Loonsfoot’s office) by 4:00 p.m. on November 8, 2017, to:

Warren C. Swartz, Jr. – President

16429 Beartown Rd.

Baraga, MI 49908

Vice President September 2017

Monthly Report

Tribal Council Secretary’s Report for the Month

of August 2017 to the Council/Community

The Vice President gave a brief update as to the Tribal General

Welfare Support Payment Benefits Excluded as Income. This report was given orally and was transcribed by the Newsletter Editor

with the Vice President’s approval.

ANIN! We honor the greatness in you.

Remember: “Indian Country Counts”

“Our People, Our Nations, Our Future”

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Doreen Blaker and I travelled to Washington D.C. where we

met with various members of Congress and their staff over our

concerns of the treatment of the Tribal General Welfare payments, and the purposes of the benefit eligibility, and possibility

for a legislative fix. We met with staff from Representative Ron

Kind’s Office from Wisconsin. He was a co-sponsor of the bill.

The staff asked if we’d consider a rule change at the Executive

level, so while we were there, we reached out to some contacts

we have at the White House Office of Inter-government Affairs.

We were able to discuss our concerns with them the next day.

We went on to meet with staff from Representative Jack Bergman’s Office. We also updated them on our land to trust issues, as well as our need to work with the State of Michigan to

acquire the National Guard if possible. We have a very good

relationship with Representative Bergman and his staff.

We met with Nick Wyatt from the Senate Finance Committee.

Nick was with the Committee when the Tribal General Welfare

Exclusion Act was enacted. He agreed that the treatment of

benefits was not intended to be used as income for the purpose of eligibility for benefit programs and noted he would take

that to the Joint Committee on Taxation to see if there is an

opportunity to change it or the possibly of a technical correction. He did make some other suggestions to us and encouraged us to get with our senator or someone to sponsor some

change in the legislation. He also suggested that with tax reform being the big push right now, the tribe should be prepared

to attach our issue to any vehicle which might move this year.

We then went on to meet with Senator Stabenow’s office. Staff

member, Sarah Shive, was present, and she believed the

benefits were excluded as well. She asked us to talk with Nick

Wyatt, whom we had talked with earlier in the day. She had

concerns about the CBO and JCT scores the bill might receive

with the budget office.

We met with Senator Peter’s office, and we briefed his staff on

the issues. They were receptive. They obviously weren’t there

at the time, so they were looking to Senator Stabenow’s office.

The only real negative meeting we had came later that afternoon when we met with Tiffany Smith from the Senate Finance

Committee. She did not recall the benefits being part of the

discussion because there was not much legislative history as

the bill was actually passed on the floor, and there wasn’t

markup to it. She suggested that we meet with Representative

Devin Nunes and his staff because he was a sponsor of the

bill.

We were able to meet with Representative Devin Nunes’ staff

the following day. It was very important since he was the sponsor of the original bill. His staff member was going to do research which she has done, and she believes we need an

amendment. We are hoping to do that.

President Swartz will be at a United Tribes Meeting this week,

and he will be seeking a Resolution of support for a legislative

fix. With the upcoming payments forthcoming, we have had

several members coming in who are being denied their SSI or

Medicare, especially for the month of November. We’ve had

some contentious phone calls with State of Michigan workers.

We are still pushing forward and trying to get the issue fixed. It

is definitely an issue affecting our most vulnerable members

who need those payments.

Representative Bergman will be here today, and I intend to talk

with him about the possibility of him sponsoring legislation to

amend TGWE. Hopefully it will be something that can be attached to the tax reform.

We also attended the Impact Days of the National Congress of

American Indians (NCAI). We had the opportunity to see 15

Congressman and Senators who were very receptive to Indian

County issues on both sides of the aisle.

Respectfully submitted,

Jennifer Misegan

17th Annual First Nations Food Taster

The Native American Student Association (NASA) is hosting the 17th Annual First Nations Food Taster on November

10, 2017,

5 pm—7 pm. at the D.J. Jacobetti Complex

Commons, Northern University Michigan, Marquette, MI.

Tickets available by cash or check only at the door: $7

NMU student w/ID, Elder, Veteran, or Children ages 5-11,

$15 General Admission.

We continue to recognize the richness of Native American contributions, accomplishments, and sacrifices to the political, cultural,

and economic life of Michigan and the United States.

Remember to continue to pray for each other, our police officers, military, firefighters, and all emergency personnel. Also remember those who are ill, with economic struggles, who have lost

loved ones, and for our world.

The wonderful fall season is upon us and

the full moon was spectacular in October!

Mino-Bimaadizin “Live Well”

During August, the Tribal Council held the Regular Saturday

Meeting on August 5, 2017, and three Special Council meetings.

Following are the August 5, 10, and 17, 2017 (approved) minutes,

and the (unapproved) minutes of August 24, 2017. This report will

be published in the KBIC “Wiikwedong Dazhi-Ojibwe” newsletter,

and the approved minutes may also be found on the Keweenaw

Bay Indian Community Website.

August 5, 2017 Special Council Meeting (approved):

 Approved June/July 2017 President’s Report (Warren “Chris”

Swartz, Jr.);

 Approved the July/July 2017 Vice President’s Report (Jennifer

Misegan);

 Approved the June/July 2017 Secretary’s Report (Susan J.

LaFernier);

 Approved the June/July 2017 CEO’s Report (Larry J. Denomie

III);

 Approved the May/June 2017 Department Head Reports;

 Approved Resolution KB 042-2017 FY 2017 Serving Native

Survivors Circle Pilot Project Support Grant developing future

Victim Specialists for Indian Country to create an Associate

Degree in Native American Social Work at Northern Michigan

University;

 Approved to offer free use of the Tribe’s fitness facility for KBIC

members;

 Approved the following donations: $500.00 Salvation Army to

purchase back packs and school supplies, $1,786.36 for KBIC

Head Start/Early Head Start to purchase two smart board projectors, hotel and airfare for up to four firefighter family members from the Shelifoe and Swartz families to attend the Fallen

Firefighters Memorial in Gettysburg in October 2017.

August 10, 2017 Special Council Meeting (approved):

 Approved the July 13, July 20, and July 27, 2017 Tribal Council

meeting minutes;

 Approved the KBIC Housing Department Conflict of Interest

Policy and Public Disclosure Notice;

 Approved Amendment #2 to the Memorandum of Agreement

for I.H.S. Project Zeba Infiltration and Inflow Study and Sewer

Improvements $383,000.00;

 Approved Amendment #1 to the Memorandum of Agreement

for I.H.S. Project Zeba Pumphouse Control Improvements System $124,000.00;

 Ten applicants and three alternates were selected for the Timber Stand Improvement Project;

 Approved Resolution KB 043-2017 USDA Proposed lease revisions for office space for 10 years at the Ojibwa Industrial Park

road in Baraga, MI;

 Approved Resolution KB 044-2017 Alger Delta Cooperative

Electric Association “Right of Way Utility Easement” on the

Chocolay Township properties to provide electricity for the future expanded casino facilities;

 Approved the bid from Windsor Solutions for $47,252.00 to

provide an environmental management database for the Natural Resources Department for collection and storage of data;

 Tabled a request from the Baraga Area Schools for more information to provide continued funding for the Great Explorations

After School Program because their grant ended;

 Approved to rephrase: 20.4 Rehire Policy

2. Change progressive discipline to corrective action

process.

3. It is the policy of the KBIC to allow the rehiring of an

individual who was dismissed for an act of theft, as defined in the Zero Tolerance for theft policy, one year

following the date of the termination and after all court

ordered requirement have been completed if a conviction resulted due to act of theft, effective August 10,

2017, and change 24.1 Zero Tolerance For Theft;

 Approved the Assistant Tribal Attorney Employment Agreement with Roberto (Bobby) Escobar, September 21, 2017September 20, 2018.

Continued on page eight.

(5) Naanan

(6) Ningodwaaswi

Foster Parent Recognition Dinner Held

Tribal Social Services hosted a dinner to honor foster parents on Monday, September 25, 2017, at the

Ojibwa Casino Conference Rooms,

Ojibwa Casino Resort in Baraga,

Michigan.

Tyler Larson, Tribal Social Services

Director, addressed the group, “This is

an important night for us to be able to

show our gratitude to the families who

have been so kind to open up their

homes to the children who need it the

most. You all take on a very difficult

responsibility, and our appreciation

goes well beyond this event tonight.”

Tyler Larson and Vice President Picture by Lauri Denomie.

Jennifer Misegan presented foster parGuest Speaker, Wabanungoquay Alakayak

ents who have cared for a child who

had been placed into foster care this

past year with an appreciation gift card and blanket from the Department.”

Tyler Larson also acknowledged families present who are in the process of being licensed to provide foster care.

Mr. Larson introduced and acknowledged the dedication of the staff at Tribal Social Services who are: Jacqui Gorczewicz, Holley Makela, Alex Mayo, Nancy Pawlowski, and

Corey Pietila. The ICWA Committee were introduced and acknowledged for their dedication as well: Terri Denomie, Vicki Dompier, Michael Lahti, Jake Misegan, and Jennifer

Misegan, Wanda Seppanen, and Amy St. Arnold.

Wabanungoquay Alakayak was the evening’s guest speaker. Waba is a KBIC Member

and grew up in various foster homes throughout Minnesota, Michigan, and Alaska. Waba

has one child, Aidan, and another child, Anson, who is in the spirit world. She currently

cares for her nephew, Johnny, who has gone through a lot in his short life.

Waba spoke of her life throughout childhood in foster homes, the rough times, and

those who stood strong to help her through it. “I was angry when I was a youth, and now

that I am older and with lots of counseling, I finally appreciate everything that has happened to me. It has made me stronger and more resilient to the changes that could come

any time in my life.

Waba is currently employed at KBIC as the Niiwin Akeaa Programs Director, is a fulltime college student, and is in the process of becoming a foster parent.

~ By Lauri Denomie, Newsletter Editor

News from the Ojibwa

Community Library

By Angela Badke, Librarian

The upcoming year is going to be full of

exciting new things at the Library! If you

haven’t been to the library in awhile, you

may notice a few changes, including a new

staff member. We are also very happy to

announce that we were awarded a grant

from the Institute of Museum and Library

Services for two years of funded projects.

We have also added several new books

and are adding more every week!

In October, we hired Zachary Evans as

our new Library Assistant. Zach is from

L’Anse, and you may recognize him from

the L’Anse library where he sometimes volunteers. If you’ve not met Zach yet, please

feel free to stop in and say hello!

This fall, we will be starting two of the

grant funded projects — Building Adult

Skills in Computing (B.A.S.I.C.) and career

and higher education themed presentations

and workshops. During the B.A.S.I.C. sessions, adults and elders in the community

can learn how to use computers, smart

phones, tablets, or iPads. Attendees will

pair up with a volunteer from Michigan Tech

to ask questions about their devices. The

Library will have a few desktop computers

and tablets for attendees to use; however,

folks are strongly encouraged to bring their

own laptops, tablets, iPads, or smart

phones with them to learn on the devices

they already use every day. During the career and higher education presentations

and workshops, we hope to provide information about using computer-based and

online resources to graduating seniors from

both high school and college, as well as to

other adults in the community who are looking to find work or apply for school. Both

series are scheduled to begin in November,

so look for fliers advertising these events.

The Ojibwa Community Library is also

working on developing a coding club for upper elementary and middle school students

with Michigan Tech that will start in the

spring, along with circulating STEAM

(Science, Technology, Engineering, Art,

and Math) kits for community youth.

There are always new books at the library, and in October we added these great

titles:

Enigma by Catherine Coulter

The Right Time by Danielle Steel

The Killing School by Brandon Webb

The Summer House by Hannah McKinnon

Refugee by Alan Gratz

We would also like to thank everybody

who participated and presented this year

during our Summer Reading Program.

There were 10 weeks of programming, with

our first ever adult Summer Reading Program event. Plus, the Library had over 60

combined reading challenge and reading

BINGO forms turned in over the course of

the summer. That’s over 500 books read!

We hope that the Summer Reading Program continues to grow in years to come,

and we cannot wait for next summer’s

theme—Libraries Rock!

If you’d like more information about any

of the Library’s upcoming programs, please

contact Angela Badke at 353-8163 or e-mail

her at angelab@kbic-nsn.gov.

(7) Niizhwaaswi

Secretary Report continues:

August 17, 2017 Special Council Meeting (approved):

 Approved the amendment to the CNAP Section 2: Medical

Travel/Service Assistance policy to add Level I, II, and III to the

tiers of funding and changes to the verification documentation

process;

 Approved the Legal Services Agreement with Short, Cressman, and Burgess, PLLC to assist in the completion of an

amendment to the Treatment As A State application for water

quality standards not to exceed $10,000.00;

 Approved the new business license for Sue Ellen Elmblad

“Back Road Organic Supply”;

 Approved the Memorandum of Agreement with I.H.S. project:

Replacement Project to serve existing category homes onsite

wastewater treatment systems throughout KBIC $166,000.00;

 Approved the I.T. Departments sole source bid for a Dell PowerEdge server and equal-logix storage array for the Tribal Center $34,237.00;

 Tabled amending the Health Board By-laws until the Board

provides their input for changing the membership to consist of

nine regular members, adding one council representative and

one DHHS employee;

 Approved to update the Tribal Center front desk with a credit

card reading machine with the customer paying the associated

fees required and have the CFO establish a reasonable fee

effective October 1, 2017, (a motion prior died for lack of support to approve a card machine with no fees);

 Approved to appoint Kevin Carlisle, Tribal Attorney, as the

Special Prosecutor while Danielle Webb is on maternity leave

or in conflict.

August 24, 2017 Special Council Meeting (unapproved):

 Approved the August 5, 2017 Tribal Council meeting minutes;

 Approved the Tier III Services Agreement with McGrath

(Roofing) Inc. for the Ojibwa Community Library Roof Project

$25,400.00;

 Approved the Agreement Between Owner and Contractor for

Construction Contract with Visu-Sewer, Inc. for the I.H.S. partial award of the Zeba Sewer Repair Project $129,830.50 by

June 1, 2018;

 Approved the bid from Steve Lloyd Construction for the Isolation Building/Well Building at the Hatchery $13,400.00;

 Approved to comply with KBIC Housing Department’s request

#002-17 regarding the conditional ban at his request.

Respectfully Submitted,

Susan J. LaFernier

The Great Debate: Medical Marijuana

Tribal Council

Debates the

Drug-Free

Work Place

Policy.

“Should We

Say Yes To

Medical

Marijuana?”

By: Lauri Denomie

Picture by Lauri Denomie.

The question before the Keweenaw Bay Indian Community’s (KBIC)

Tribal Council regarding the Drug-Free Work Place Policy is whether or

not to recognize employees’ valid Medical Marijuana Cards when processing drug tests. Hannah Beesley, KBIC’s Personnel Director, said,

“The KBIC Drug-Free Work Place Policy has a zero tolerance, and marijuana is classified as a Schedule 1 drug.” The removal of Cannabis from

Schedule 1 of the Controlled Substances Act, the most tightly restricted

category reserved for drugs that have “no currently accepted medical

use,” has been proposed repeatedly since 1972. Today, doctors assist

patients to be eligible for Medical Marijuana Cards when they strongly

believe Medical Marijuana will help their patients. There are numerous

affidavits from individuals where marijuana has improved their health and

lessened the pain they have suffered.

One case that may assist the federal legalization of Medical Marijuana

is that of 12-year-old Alexis Bortell. Alexis used to live in Texas with her

parents and suffered from a debilitating form of epilepsy that caused her

to suffer from daily seizures. Her doctors prescribed her medicine which

helped to lessen the seizures to every three days, however, there were

awful side effects with this medicine. Due to her medical condition, she

missed a tremendous amount of school, and her education suffered. Her

doctors suggested that she have an experimental lobotomy (brain surgery) for the possibility of some relief. The family said “no,” packed up,

and moved to Colorado to pursue a different approach – Medical Marijuana. She now takes Haleigh’s Hop Cannabis Oil orally twice a day and

carries an oral THC spray which she self administers when she experiences an aura, a warning sign that she may have a seizure. The spray

(8) Ishwaaswi

works like an inhaler. Now, on Medical Marijuana, she experiences auras

once a month at most and has not had a seizure in over two years.

Tribal member M.L. suffered from inflammation from an underlying

internal problem. After many medical procedures to correct the problem,

she was left on prescribed medication. “I had no life. I was so tired and

messed up from the prescribed pills that all I did was sleep. I was missing

out on special family times with my children. Mayo Clinic suggested I give

Cannabis - Medical Marijuana, a try.” She now lives a productive life, has

a full time job, and is nearly pain free. “The dose isn’t for a high; it’s low in

THC (tetrahydrocannabidiol) and high in CBD (cannabidiol), which helps

with inflammation.”

THC can reduce nausea, increase appetite, decrease pain and inflammation, control muscle problems, and seizures. Tribal member D.R. suffers from arthritis. “After being prescribed a number of different medicines,

and being pilled up, I got no relief. I got a Medical Marijuana Card, and I

now use Medical Marijuana which helps me manage the inflammation and

pain. It’s helped tremendously.”

Tribal employee G.L. comments, “I have been in a number of auto accidents and have some true chronic pain as I age. As I am an employee,

I can not take Medical Marijuana which I have been told to try as I won’t

take those strong pills. Alcohol helps with the pain, but it isn’t good for my

body. The doctor told me not to drink because of my internal problems.”

So when did the Keweenaw Bay Indian Community’s Work Place Drug

Policy begin? Human Resource Director, Jim Nardi, said, “The first policy

is dated April 1, 2000, and was developed by Chris Kannock, who was

the Employee Assistant Manager at the time. Sometime after that, a 24hour EAP was initiated. Currently the Tribe’s Drug-Free Work Place Policy does not require random testing, and the tribe, over the years, has

fluctuated from requiring it, to not requiring it. Workmans’ claims average

around 25 per year with a small amount of them being drug related.”

James Byykkonen challenged the Casino’s random drug testing regime in 2006. He filed in the KBIC Tribal Court, bringing suit against

Tribal Council Members individually in their official capacities where both

the Plaintiff and the Defendant cited the Indian Civil Rights Act of 1968 25

U.S. C.A. section 1302(2) as the governing principle to be interpreted in

the context of the action. The question before the Court was whether the

Defendants’ random search requirement contained in the KBIC Drug-Free

Workplace Policy was “reasonable” in light of an individual employee’s

right to privacy under the Indian Civil Rights Act.

After the review of facts and circumstances and analysis of the most

recent Supreme Court decisions, on June 22, 2007, the Court declared

the Defendant’s “random testing” provision of the KBIC Drug-Free Work

Place Policy to be unconstitutional. It violated the search and seizure provision of the Indian Civil Rights Act. The Court’s decision indicated it was

limited to “random testing” provision only, and the policy applies to employees of the Ojibwa Casinos as the Court’s analysis only dealt with the

Casino positions. On June 2, 2008, Defendants filed a Motion to Vacate

the Judgment for Recusal of Judge and to Reassign the Case. On June

27, 2008, the Court denied this Motion. The Defendants appealed the

Court’s ruling and Order. The KBIC Appellate Court upheld the Order

denying Defendants’ Motion for Recusal. The Trial Court then reviewed

affidavits submitted by the Defendants in connection with the underlying

Motion; this caused the Court to reconsider the Declaratory Judgment

entered a year earlier and ordered that KBIC Ojibwa Casino was no

longer enjoined from conducting and enforcing the random drug testing

provisions of the KBIC Drug-Free Work Place Policy.

At the KBIC General Election held on December 13, 2014, voters approved proposal two - Do you support allowing the Keweenaw Bay Indian

Community to manufacture and/or sell marijuana for adults 21 and over,

and the possession of marijuana by these adults all subject to tribal licensing, taxation, and regulation? At the January 9, 2016 Tribal Council

Meeting, Councilor Doreen Blaker introduced Proposed Ordinance 201503, an Amendment to Title Three of the Tribal Code to provide an exception to §3.1706, Controlled Substances Medical Marijuana Exception.

Any person who is a qualifying patient or a primary caregiver under the

Michigan Medical Marijuana Act and possesses on his or her person a

valid registry identification shall not be subject to arrest, prosecution, or

penalty for possession of marijuana if that possession is in compliance

with the Michigan Medical Marijuana Act. Tribal Council approved an

amendment to the Proposed Ordinance at their February 6, 2016 meeting.

So why is the Medical Marijuana Card not legally recognized on the

Keweenaw Bay Indian Community when the people have clearly voted to

approve recreational marijuana in the December 2014 Election, and the

Council approved the Medical Marijuana Card in February 2016? On

April 8, 2016, President Warren “Chris” Swartz, Jr. signed the Ordinance

for an amendment to Title Three which provides an exception to §3.1706,

Controlled Substances, entitled, Medical Marijuana Exception. President

Swartz indicated that the next process in legislative law is for the Ordinance to be reviewed by the Bureau of Indian Affairs. Danielle Webb,

Tribal Attorney, said, “The Constitutional provision which requires Secretarial review of the Medical Marijuana Ordinance is Article VI, Section 1(l).

Pursuant to Section 2 of the same Article, the Superintendent of the

Michigan Agency of the BIA, Jason Oberle, has to approve or disapprove

within ten (10) days. If the Superintendent approves, then the Ordinance

will be effective. However, the Superintendent must then forward the approved Ordinance to the Secretary of the Interior who has ninety (90)

days following approval to rescind the Ordinance.”

The United States Department of the Interior, Bureau of Indian Affairs,

declined the approval of Keweenaw Bay Indian Community's Ordinance

2015-03 "Medical Marijuana." The Ordinance, which essentially adopts

the State of Michigan's Medical Marijuana law, was enacted by Tribal

Council in April of 2016, following processing through their legislative

process. The enactment came after reviewing their options in moving the

legalization forward. In a letter to President Swartz dated June 10, 2016,

Diane Rosen, BIA Regional Director, noted that Marijuana, a Schedule 1

controlled substance, remains illegal under Federal Law. The BIA concluded that they lacked the authority to approve Ordinances that violate

Federal Law. Based on KBIC's Constitution and By-laws, Article VI, Section 2, Ordinances require review by the Secretary of the Interior through

submission to the Superintendent. The Tribal Council had the right to appeal the decision, and they continued to review the process considering all

of their options.

So, the legality of Medical Marijuana on the Keweenaw Bay Indian

Community came to a halt. The next strategy was to eliminate the need

to have the Secretary of Interior dominate over our laws. A Referendum

Election was held on August 13, 2016, with just that thought in mind. Proposal two – Do you support limiting the Secretary of Interior review process within the constitution including the approval of tribal ordinances? The

proposal was defeated, as was the avenue for the legality of Medical Marijuana on the Keweenaw Bay Indian Reservation.

In a recent survey conducted with 100 Keweenaw Bay Indian Community members who are not employees of KBIC, 72% agreed that KBIC

should recognize an employee’s Medical Marijuana Card as allowable

when submitting to a drug test. When the same question was presented

to employees of KBIC, 65% agreed to recognize the Medical Marijuana

Card. Tribal employee J.A. commented, “The people of KBIC have already answered these questions with a resounding YES. I’m not sure why

certain representatives choose to ignore that fact. I would bet, if I was a

gambling man, that most of our drug problems are not with marijuana.”

Today in KBIC Tribal Court there are 183 individuals who are either on

Probation, Healing To Wellness Court clients, or on bench warrant status.

Of these 183 individuals, 10 were employees of KBIC at the time of their

arrest. One of the 10 cases was related to drug use and involved alcohol;

three were alcohol related only. The other six related to either: assault,

domestic animals, theft, trespass, or traffic. These statistics clearly show

there is not a drug problem within the employee population, 10 out of 183,

5.46% are involved in some sort of criminal matter, with 1 of 10 (10%) being drug related versus 40% alcohol related.

President Warren “Chris” Swartz, Jr. commented, “I think we should

move forward and accept the Medical Marijuana Card in our Drug-Free

Work Place Policy.” Secretary Susan J. LaFernier commented, “Council

will be further discussing the Drug-Free Work Place Policy. Marijuana is

an illegal substance under our code, and its use, sale, and possession is

an illegal act within our reservation and trust lands. The use of illegal substances is prohibited in the work place. For discussion, I realize that in

extreme cases and diagnoses such as end of life and pain, Medical Marijuana may be a help, but our clinic doctors are not authorized to prescribe

Medical Marijuana. We must also consider and remember that we are all

dealing with a drug crisis which claims lives every day.”

Keweenaw Bay Indian

Community Harvest Feast

Picture by Lauri Denomie.

This year’s Annual Harvest Feast was held Saturday, October 7,

2017, at the Ojibwa Senior Citizens Center in Baraga, Michigan.

This event occurs every fall for as far back as our elder’s can

remember. Family, friends, and members of the Community gathered to celebrate the year’s harvest and enjoy a grand feast. A

friend of the Community, Congressman Jack Bergman, stopped by

to visit and enjoy a traditional meal with our Community.

The event was sponsored by the Wiikwedong Ogitchidaa Society (KBIC Veterans) with the assistance of many community members and community service helpers.

~ By Lauri Denomie, Newsletter Editor

References:

Declaratory Judgment, KBIC Tribal Court, 06-001C, 6-22-2007; Court Order, KBIC

Tribal Court, 05-001C, 06-27-2008; KBIC Appellate Court, Opinion and Decision of

Appellant’s Motion for Recusal, 08-A-004, 06-16-2010; Wikipedia, Removal of

Cannabis from Schedule 1 of the Controlled Substance Act; High Times, Gold, C.,

10-11-2017.

Picture by Lauri Denomie.

Congressman Jack Bergman (left) with President Warren “Chris” Swartz,

Jr. (right).

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.

To be added to the mailing list or to correct

your mailing address, contact the enrollment office at (906) 353-6623 ext. 4113.

(9) Zhaangaswi

TRIBAL COURT

CRIMINAL SENTENCES

The Tribal Court has agreed to

comply with the request of the

Keweenaw Bay Indian Community’s CEO’s office to publish criminal sentencing on a routine

basis.

Ava Picard, case #17-154, §5.62a, License restrictions (suspended) – 1st offense

Sentencing on 09/18/2017, #17-154, §5.62a:

1. Fine $100.00.

2. Ten (10) days jail, credit for ten days jail served.

Defendant shall be financially responsible for the

costs of lodging, and any expenses incurred while

incarcerated.

3. Defendant shall be placed on payment probation.

4. Defendant’s Tribal General Welfare Benefit Distribution Check shall be garnished in full each year

until all Court obligations are paid in full.

Ava Picard, case #17-172, §8.901, Contempt – 1st

offense

Sentencing on 09/18/2017, #17-172, §8.901:

1. Fine $100.00.

2. Defendant shall be placed on payment probation.

3. Defendant’s Tribal General Welfare Benefit Distribution Check shall be garnished in full each year

until all Court obligations are paid in full.

Dave Varline, case #17-126, §3.608, Obstruction of

process – 1st offense

Sentencing on 09/18/2017, 17-126, §3.608:

1. Fine $500.00.

2. One-hundred-eighty (180) days jail, credit for

twenty-eight days jail served, 152 days jail to be

served. Defendant shall be financially responsible

for the costs of lodging, and any expenses incurred

while incarcerated.

3. Defendant shall be placed on payment probation

upon release from jail and shall pay $40 per week

or four hours toward fines in the form of community

service.

4. Defendant must report within 48 hours of being

discharged from jail to sign his payment probation

order.

5. Defendant’s Tribal General Welfare Benefit Distribution Check shall be garnished in full each year

until all Court obligations are paid in full.

Dave Varline, case #17-127, §3.206, Resisting arrest – 1st offense

Sentencing on 09/18/2017, 17-127, §3.206:

1. Fine $500.00.

2. One-hundred-eighty (180) days jail, credit for

twenty-nine days jail served, 151 days jail to be

served. Defendant shall be financially responsible

for the costs of lodging, and any expenses incurred

while incarcerated.

3. Defendant shall be placed on payment probation

upon release from jail and shall pay $40 per week

or four hours toward fines in the form of community

service.

4. Defendant must report within 48 hours of being

discharged from jail to sign his payment probation

order.

5. Defendant’s Tribal General Welfare Benefit Distribution Check shall be garnished in full each year

until all Court obligations are paid in full.

Sean Spruce, case #17-078, §3.1414, Possession,

use, transport of alcohol beverages by persons

under 21 years of age – 1st offense

Sentencing on 09/18/2017, 17-078, §3.1414:

1. Fine $100.00.

2. Twenty (20) days jail, 20 days jail suspended pending successful discharge from probation. Defendant shall be financially responsible for the costs of

lodging, and any expenses incurred while incarcerated.

3. Three to six months of alcohol and drug restricted

probation with a $10.00 monthly fee. Defendant

shall be financially responsible for the costs of drug

and PBT tests, if any.

4. Defendant shall obtain a substance abuse screening within 14 days and follow all the recommendations until successfully completed, and sign a release of information for the Court to monitor compliance. Defendant shall be financially responsible for

the costs of the screening.

5. Defendant shall report in person each Monday and

Thursday between 8:00 – 8:15 a.m. until the Probation Office deems otherwise.

Gary Magnant, case #17-104, §3.901, Cruelty to

animals – 1st offense

Sentencing on 09/25/2017, 17-104, §3.901:

1. Fine $150.00.

2. Twenty (20) days jail, 20 days jail suspended pending successful discharge from probation. Defendant shall be financially responsible for the costs of

lodging, and any expenses incurred while incarcerated.

3. Three to six months of alcohol and drug restricted

probation with a $10.00 monthly fee. Defendant

shall be financially responsible for the costs of drug

and PBT tests, if any.

4. Defendant shall perform twenty-four hours of Community Service at an animal shelter.

5. Defendant shall submit current shot records or

health assessment for each currently owned animal

before the completion or end of the probation term.

6. An officer of the Keweenaw Bay Tribal Police De-

(10) Midaaswi

partment or the Court Officer shall visit the Defendant’s household to conduct a face-to-face well

animal check.

Thomas Denomie, case #17-141, §5.61, Driver’s

license required – 6th offense

Sentencing on 09/25/2017, 17-141, §5.61:

1. Fine $250.00.

2. Thirty (30) days jail to be served when medically

approved to do so.

3. Defendant shall provide an opinion from his doctor

as to when he will be able to serve his jail sentence.

4. Ninety (90) days probation will automatically extend

if the jail time is not served within that time period.

5. Defendant shall sign a release of information to

allow the Probation Office to speak with the physician.

Justin Dunleavy, case #17-069, §3.1408, Interfering with legal custody as ordered by the court –

1st offense

Sentencing on 09/25/2017, for 17-069, §3.1408:

1. Fine $200.00.

2. Sixty (60) days jail, 20 days jail to be served on

weekends for employment purposes, 40 days jail

suspended pending successful discharge from

probation. If at any time it is found that the Defendant is not employed, this order may be amended

requiring the Defendant to serve all remaining jail

time. Defendant shall be financially responsible for

the costs of lodging, and any expenses incurred

while incarcerated.

3. Six months of standard alcohol and drug restricted

probation with a $10.00 monthly fee. Defendant

shall be financially responsible for the costs of drug

and PBT tests, if any. Defendant is required to

report to the Probation Office one time weekly.

4. Defendant shall obtain a substance abuse screening within fourteen days from sentencing and is to

follow the recommendations until successfully completed. Defendant shall sign release of information

to allow the Probation Office to monitor compliance.

Gavin Loonsfoot, case #16-222, §16.515, Improper

use of license plates – 1st offense

Sentencing on 09/26/2017, for 16-222, §16.515:

1. Fine $125.00.

2. Twenty-five (25) days jail with remedial payment

probation to begin once released from his current

sentence. (Consecutive with #16-223 and #16225). 1st violation – three days jail to be served or

until the non-refundable bond amount indicated on

the warrant is paid; 2nd violation – five days jail to

be served or until the non-refundable bond amount

indicated on the warrant is paid; 3rd violation – eight

days jail to be served or until the non-refundable

bond amount indicated on the warrant is paid; 4th

violation – 10 days jail to be served or until the nonrefundable bond amount indicated on the warrant is

paid; 5th violation – 15 days jail to be served or until

the non-refundable bond amount indicated on the

warrant is paid; 6th violation – 20 days jail to be

served or until the non-refundable bond amount

indicated on the warrant is paid; after the 6th violation the Court shall assess time served and impose

remaining days for max.

Gavin Loonsfoot, case #16-223, §16.513, Operation of improperly registered vehicle – 1st offense

Sentencing on 09/26/2017, for 16-223, §16.513:

1. Fine $125.00.

2. Twenty-five (25) days jail with remedial payment

probation to begin once released from his current

sentence. (Consecutive with #16-222 and #16225).

Gavin Loonsfoot, case #16-225, §5.61, Driver’s

license required – 2nd offense

Sentencing on 09/26/2017, for 16-225, §5.61:

1. Fine $125.00.

2. Twenty-five (25) days jail with remedial payment

probation to begin once released from his current

sentence. (Consecutive with #16-222 and #16223).

Cissley Lofquist, case #17-168, §8.901, Contempt

of court – 1st offense

Sentencing on 10/04/2017, for 17-168, §8.901:

1. Fine $100.00.

Brett Degenaer, case #17-188, §5.15, OUIL – 2nd

offense

Sentencing on 10/04/2017, for 17-188, §5.15:

1. Fine $500.00.

2. Ninety (90) days jail, credit of three days served, 87

days jail to be served. Defendant shall be financially responsible for the costs of lodging, and any

expenses incurred while incarcerated.

Jacob Smith, case #17-153, §3.412, Illegal entry

upon lands – 1st offense

Sentencing on 10/04/2017, for 17-153, §3.412:

1. Fine $150.00.

2. Twenty (20) days jail, 20 days jail suspended pending successful discharge from probation. Defendant shall be financially responsible for the costs of

lodging, and any expenses incurred while incarcerated.

3. Three to six months of standard alcohol and drug

restricted probation with a $10.00 monthly fee.

Defendant shall be financially responsible for the

costs of drug and PBT tests, if any.

4. Defendant shall continue with his mental health

counseling until successful completion of probation.

Defendant is to sign a release of information for the

5.

6.

7.

Probation Office to monitor compliance.

Defendant shall report one time per month to the

Probation Office unless directed otherwise by Probation Office.

Defendant must report progress regarding mental

health and must take medications as prescribed.

Defendant shall have no contact with the Ollila family or the residence located at 17546 Ford Farm

Road, L’Anse, MI.

Chelsea Brunk, case #17-136, §3.1308, Disobedience of a lawful court order – 4th offense

Sentencing on 10/09/2017, for 17-136, §3.1308:

1. Fine $500.00.

2. Forty-five (45) days jail, credit for 33 days jail

served, 12 days jail suspended pending successful

discharge from probation. Defendant shall be financially responsible for the costs of lodging, and

any expenses incurred while incarcerated.

3. Nine to twelve months of standard alcohol and drug

restricted probation with a $10.00 monthly fee.

Defendant shall be financially responsible for the

costs of drug and PBT tests, if any.

4. Defendant shall obtain a substance abuse screening, and follow all the recommendations until successfully completed, and sign a release of information for the Court to monitor compliance. Defendant shall be financially responsible for the costs of

the screening.

5. Restitution is to be determined.

6. Defendant is to write an apology to the victim which

is to be submitted to the Probation Office for processing.

7. Defendant is to not be within 500 feet of 112 Pine

Street, Baraga, MI 49908.

8. Defendant’s Tribal General Welfare Benefit Distribution Check shall be garnished in full each year

until all Court obligations are paid in full.

Chelsea Brunk, case #17-138, §3.1706, Controlled

substances – 2nd offense

Sentencing on 10/09/2017, for 17-138, §3.1706:

1. Fine $500.00.

2. Ninety (90) days jail, credit for 33 days jail served,

57 days jail suspended pending successful discharge from probation. Defendant shall be financially responsible for the costs of lodging, and any

expenses incurred while incarcerated.

3. Nine to twelve months of standard alcohol and drug

restricted probation with a $10.00 monthly fee.

Defendant shall be financially responsible for the

costs of drug and PBT tests, if any. (Concurrent to

#17-136).

4. Defendant shall obtain a substance abuse screening, and follow all the recommendations until successfully completed, and sign a release of information for the Court to monitor compliance. Defendant shall be financially responsible for the costs of

the screening.

5. Restitution is to be determined.

6. Defendant is to write an apology to the victim which

is to be submitted to the Probation Office for processing. (Concurrent to #17-136).

7. Defendant is to not be within 500 feet of 112 Pine

Street, Baraga, MI 49908. (Concurrent to #17136).

8. Defendant’s Tribal General Welfare Benefit Distribution Check shall be garnished in full each year

until all Court obligations are paid in full.

Chelsea Brunk, case #17-143, §3.403, Malicious

injury to a structure – 1st offense

Sentencing on 10/09/2017, for 17-143, §3.403:

1. Fine $100.00.

2. Ninety (90) days jail, credit for 44 days jail served,

46 days jail suspended pending successful discharge from probation. Defendant shall be financially responsible for the costs of lodging, and any

expenses incurred while incarcerated.

3. This case is transferred to the Healing To Wellness

Court.

4. Defendant shall obtain a substance abuse screening, and follow all the recommendations until successfully completed, and sign a release of information for the Court to monitor compliance. Defendant shall be financially responsible for the costs of

the screening.

5. Restitution is to be determined.

6. Defendant is to write an apology to the victim which

is to be submitted to the Probation Office for processing. (Concurrent to #17-136 and #17-138).

7. Defendant is to not be within 500 feet of 112 Pine

Street, Baraga, MI 49908. (Concurrent to #17-136

and 17-138).

8. Defendant’s Tribal General Welfare Benefit Distribution Check shall be garnished in full each year

until all Court obligations are paid in full.

Chelsea Brunk, case #17-146, §8.901, Contempt of

court – 1st offense

Sentencing on 10/09/2017, for 17-146, §8.901:

1. Thirty days jail, 30 days jail suspended pending

successful discharge from probation. Defendant

shall be financially responsible for the costs of lodging, and any expenses incurred while incarcerated.

2. This case is transferred to the Healing To Wellness

Court.

FOOD DISTRIBUTION PROGRAM ON

INDIAN RESERVATIONS (FDPIR)

FY 2018 NET MONTHLY INCOME STANDARDS*

(Effective Oct. 1, 2017 to Sept. 30, 2018)

*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

$1,005

+

$160

=

$1,165

2

$1,354

+

$160

=

$1,514

3

$1,702

+

$160

=

$1,862

4

$2,050

+

$170

=

$2,220

5

$2,399

+

$199

=

$2,598

6

$2,747

+

$228

=

$2,975

7

$3,095

+

$228

=

$3,323

8

$3,444

+

$228

=

$3,672

Each additional member

+ $349

Alaska:

Use this

amount

Household

Size

SNAP Net

Monthly

Income

Standard

SNAP

Standard Deduction

1

$1,255

+

$273

=

$1,528

2

$1,691

+

$273

=

$1,964

3

$2,127

+

$273

=

$2,400

4

$2,563

+

$273

=

$2,836

5

$2,999

+

$273

=

$3,272

6

$3,435

+

$285

=

$3,720

7

$3,870

+

$285

=

$4,155

8

$4,306

+

$285

=

$4,591

Each additional member

FDPIR Net

Monthly Income Standard

+ $436

Michigan Tech University, AISES

Holds Fall Powwow

Picture by Lauri Denomie.

Michigan Technological University (MTU) American

Indian Science and Engineering Society (AISES) held

their Annual Fall Powwow on Saturday, October 14,

2017, at the Michigan Tech SDC, Houghton, Michigan.

Grand Entries were at 1:40 p.m. (Indian Time for 1:00

p.m.) and 7:00 p.m. A feast was held during the break

for dancers, singers, and participants. Shown above

are: Glenn Bressette, Sr., Head Veteran Dancer;

Demery Jackson, Head Female Dancer; Shane Mitchell,

Head Male Dancer; and Starr Dunleavy, Miss Jr. Keweenaw Bay. Wiikwedong Ogichidaa Society (KBIC

Honor Guard) presented the colors. Glen Bressette, Jr.

served as Arena Director, Joe Medicine as the Emcee,

Woodland Singers served as Host Drum, and Four

Thunders were Co-Host Drum.

~ Submitted by Lauri Denomie, Newsletter Editor.

Picture by Lauri Denomie.

(11) Ashi bezhig

WIIKWEDONG OGICHIDAA SOCIETY

VISION STATEMENT

Provide exemplary support and assistance to our Tribal Veterans.

MISSION STATEMENT

Assist KBIC Tribal Veterans and navigate all Veteran Affairs programs and services.

GOALS

Establish KBIC Tribal Veterans Affairs Office and services.

OBJECTIVES

target date

Establish KBIC Veterans Affair office location.

12/17

Schedule open house and present services to Tribal Veterans.

12/17

Establish Vetraspect/VBMS and security measures.

12/17

Schedule weekly office hours and home visits.

12/17

Network with all Veterans Administration, state and county Veteran

resources.

10/17

Establish Veterans trust fund board.

01/18

Solicit Tribal Veterans need for services.

01/18

Assist Veterans with compensation, health, burial education, and all

other Veterans Affairs claims.

ongoing

Attend monthly local service officer meetings.

monthly

Create PTSD group using traditional practices.

06/18

Integrate Tribal Veterans in community functions and gatherings.

01/18

Recruit Tribal Veterans not being served.

ongoing

Establish and coordinate protocol for ceremonies.

01/18

Maintain Tribal flag poles and appropriate lights.

01/18

Coordinate all Wiikwedong Ogichidaa activities.

ongoing

VETERAN’S CREED

Permit No. 62

U.S Postage PAID

Big Rapids, MI 49307

PRE-SORT STANDARD

(12) Ashi Niizh

I am a Veteran. I have seen and done things that many will not

understand.

I am a warrior and member of a team spanning the world.

I have served my country proudly and now standby to serve

my brothers and sisters in arms.

I will never accept defeat.

I will never quit.

I will never leave a fallen brother or sister. If they are hurt, I

will carry them. If I can’t carry them, I will drag them.

I will help them face their enemies, to include the demons from

within.

They are my brothers and they are my sisters.

I AM A VETERAN!!!

KBIC TRIBAL VETERANS

WIIKWEDONG OGICHIDAA SOCIETY

MISSION

RECOGNIZE, HONOR and SUPPORT OUR TRIBAL VETERANS.

GOALS:

Develop the KBIC Veterans Program.

Create Veterans Services for Tribal Veterans.

Create fundraising opportunities.

Serve our KBIC Community at local events.

OBJECTIVES

Establish Veterans Memorial.

Establish Veterans Building.

Serve our ACTIVE duty Veterans.

Meet the community Veterans’ needs for support and direction.

Establish regular meetings and recruit more Tribal Veterans.

Identify, recognize ALL KBIC Tribal Veterans.

Participate in community Veteran events and programs.

Assist in the burial services.

Host Veterans Eagle Staff Gathering.

Build capacity to provide fundraising services.

Develop auxiliary volunteer group.

The Wiikwedong Ogichidaa Meeting will be held on Tuesday,

November 14, 2017, 1900 hours, at the Wiikwedong Ogichidaa

Building, KBIC Industrial Park (off M-38), Baraga, MI.

For more information contact: Rodney Loonsfoot, KBIC Veteran

Service Officer, at (906) 201-4448 or e-mail veteran@kbic-nsn.gov.

Rodney Loonsfoot is the only Michigan Tribal Veteran appointed

Service Officer in the State of Michigan.

Keweenaw Bay Indian Community

16429 Bear Town Rd-Baraga, Mi 49908-9210

2017 Bay Mills Eagle Staff Gathering

The Wiikwedong Ogichidaa Society (KBIC Honor Guard) participated in the

Eagle Staff Gathering Sept 22-24, 2017, in Bay Mills, Michigan. Vice Commander

George DeCota, Chaplain Joe

Dowd, Rodney Loonsfoot, Jerry

Mayo, Glenn Bressette, Sr., and

Dan Garceau represented our

Wiikwedong Ogichidaa Society.

Joe Dowd shared his Vietnam Veterans Eagle Staff. George DeCota

shared the Healing Staff he was

gifted with.

Rodney Loonsfoot

shared the story about the KBIC

Eagle Staff. Traditional teachings

and stories were shared over two

days by the 43 eagle staffs present.