1. Article IV - Meetings, Sections 1, 2, & 4.
Numerous meetings were scheduled, cancelled & rescheduled that even the Council
needed to direct staff to research the meetings held in 2008. Numerous informal meetings &
Executive Sessions were held without proper announcement & notice. Meeting location, date, time &
agenda items are changed without public notice. (See Memorandum RE: Meetings In 2008), of 33
scheduled meetings, 24 were cancelled). Meetings are deliberately conducted at times to
inconvenience Membership attendance, thereby prohibiting Membership participation. Information
that should be discussed in open forum is heard in Executive Session. Examples of issues we have
been denied & excluded from are Amnicon Bay, Beloit Casino Project, State Taxation, Poll Votes,
Gas/Pipe Transmission Line Agreements, Full Financial Disclosures, Lobbyist Contracts, Business
Travel & Trip Reports, Law Enforcement Committee Agreements that violate our Tribal and Civil
Rights...To Right as AUDITORS of OUR Tribe.
SOLUTION: Adhere to the requirements of the Constitution. All meetings should be publicly posted &
open for Members to audit. Conduct the meetings during a time that is convenient & conductive to
membership participation. The Constitution has provisions for Special Meetings. The same rules
apply. There should be no reason for these informal meetings & meetings under the guise of
"Executive Session." Its time that the Band Members assert their most basic right to audit meetings.
2. ARTICLE VII-LANDS, Section 2. Tribal lands of the Bad River Reservation of the Lake Superior
Tribe of Chippewa Indians and all lands which may hereafter be acquired by the Bad River Band or
by the United States in trust for Bad River Band shall be held as Tribal lands, and no part of such
lands shall be mortgaged or sold. Currently, the Tribe has 30,000+ acres of Tribal land that is
encumbered. Initially, 23,000+ acres were part of a land acquisition. Besides money, the land itself
was used to obtain the financing for its purchase. At some recent point in time, the Council added
an additional 7000 acres of Tribal land to the list of mortgaged Tribal lands. The Tribe signed a
waiver of sovereign immunity, further jeopardizing our Tribal lands by signing the Inter
Governmental Agreement for the Beloit Casino Project.
SOLUTION:
We need to investigate how this mortgaging of our lands occurred. The Constitution expressly
forbids this activity. We have legal counsel, Article VII-Powers, Sect. 1.(b) "To employ counsel for
the PROTECTION AND ADVANCEMENT OF THE RIGHTS OF THE BAND AND ITS MEMBER, the
choice of counsel and fixing of fees to be subject to the approval of the Secretary of the Interior."
Where was our legal counsel when our lands were mortgaged? The Constitution addresses
Secretarial responsibility. We need to question the lack of Secretarial oversight. We must hold
those involved accountable for their actions. Our treaties tell us that our Great Chiefs envisioned a
permanent homeland for our people. Tribal lands are not ours to sell or mortgage-it is our
responsibility to preserve these lands for future generations! How else can we ensure we have a
permanent homeland for our people?
3. ARTICLE III-OATH, Section 1. "All officers when elected shall be duly installed and subscribe to
an oath of office to support the Constitution of the United States and this Constitution(of the Bad
River Band)." Chairman Bigboy violated the Tribal Members' Civil Rights which are also protected
by the Indian Civil Rights Act. Tribal Members were banned for exercising the First Amendment, the
freedom of speech & the right to peaceably assemble. Tribal Members held peaceful
demonstrations at the BIA office & on our tribal lands. See memo submitted to add to the "Vault of
Information" collection.
SOLUTION:
For starters, we need to take note of the violations & gather supporting evidence... The who, what,
where & when of each instance.
4. ARTICLE III-OATH, Section 1. Chairman Bigboy & Joe Maday, Tribal Operations Mgr. also
banned Tribal employees for exercising the First Amendment despite the fact that the Members
were on their own personal time, not at work. Memo banning employees & written threats of further
disciplinary action submitted for "Vault of Information." Keep in mind that, although this memo is
similar to the other ban letter, it is much more serious. This is an obvious intimidate & control tactic.
Keep our people in fear losing their job or a family member's job if they dare to speak their mind.
Others are then controlled by observing/witnessing these violations & fear they too will become
targets if they don't remain silent.
SOLUTION:
Same as above. I know the frustration of feeling like nothing can change this situation of having a
government not of our choosing & what's the point. BUT, at the very least we just might be able to let
all Members know exactly where the elected officials stand on issues of Civil Rights come caucus
time.
5. ARTICLE III-OATH, Section 1. Chairman Bigboy again violates the rights protected under the
First Amendment. Employee of 15+ years with excellent performance evaluations & nothing negative
in her work history or personnel file was terminated by Joe Maday & Chairman Bigboy for carrying a
sign during a peaceful demonstration while she was on approved leave time.
6. ARTICLE III-OATH, Section 1. Continued harassment, retaliatory actions, & false surveillance
reports which resulted in a wrongful termination. A surveillance worker (non-member), proven to
have written false reports in the past, made deliberate false accusations & Council Members
Bernard Lemieux, Loretta Ford & Bonita Greene refused to allow the aggrieved the opportunity to
defend herself against the malicious outright lies. With a quorum of five, by majority vote, the
Council denied the Tribal Member the right to utilize the Grievance Policy & Procedure. This action
sends a message loud & clear...There are no rules the Council has to follow. The unjust & unfair
practices continue. Retaliatory tactics, harassment, intimidation & wrongful terminations are
condoned by the majority of the Council.
SOLUTION:
Same response as the above. We can't stop noting each & every instance that our rights have been
violated.
LET US COUNT THE WAYS THE TRIBAL COUNCIL VIOLATED THE
CONSTITUTION & FAILED TO UPHOLD THE OATH OF OFFICE!
7. STATE OF EMERGENCY DECLARATION violated many constitutional & civil rights of EACH &
EVERY TRIBAL MEMBER. In the memorandum from Susan Aasen, General Counsel, dated 7/2/08,
she cites the tribal constitution Powers-Section 1. (a), (m) & (q) as the authority to declare the State
of Emergency. She states "the reasoning for a state of emergency is civil unrest based upon an
extensive record of tribal governmental interruption, physical confrontations, threats, disorderly
conduct charges, orders of protection, property damage." She further states, " In an effort to prevent
further violence and attempt to establish law and order at Bad River, a state of emergency is
endorsed by the Bureau of Indian Affairs. Domestic terrorism is a concern here. Homeland Security
forces have been contacted by the Bureau of Indian Affairs. A federal law enforcement officer will
arrive soon to assess the situation." Let's get real! Domestic terrorism? Homeland Security? What a
wild stretch of the imagination! There must be laws about reporting false information to law
enforcement agencies to justify the state of emergency they declared! How dare this woman call
herself a Tribal Attorney! The civil unrest she speaks of was created by family members of Chairman
Bigboy, Treasurer Bernard Lemieux & Vice-Chair Peter Lemieux. It was THEIR families that were
escorted out of meetings by law enforcement. As publicly witnessed, Chairman Bigboy & Treasurer
Bernard Lemieux viciously threatened bodily harm to Tribal Members. The extensive record of tribal
government interruptions must mean when Chairman Bigboy cancelled meetings just hours before
they were scheduled to start. The State of Emergency Rules were drafted to keep Members in the
dark,intimidate, instill fear & allow the Council free reign on all tribal matters without regard to our
constitutional rights! Remember, meeting after meeting was canceled. He didn't want Members
showing up at meetings asking questions. Susan Aasen fabricated the threat of domestic terrorism &
homeland security to protect corrupt tribal officials & ensure continued free reign by a self-serving
government.
SOLUTION:
Susan Aasen cites ARTICLE VI-POWERS, Section 1 (a),(M) & (q) as the source of authority to
declare a state of emergency. She should have read further on...ARTICLE VI-POWERS, Section 2
"Any resolution or ordinance which, by the terms of the Constitution, is subject to review by the
Secretary of the Interior, shall be presented to the Superintendent of the reservation, who shall,
within ten (10) days thereafter, approve or disapprove the same. If the Superintendent shall approve
any ordinance or resolution, it shall thereupon become effective, but the Superintendent shall
transmit a copy of the same bearing his endorsement, to the Secretary of the Interior, who may,
within ninety (90) days from the date of its enactment, approve the same in writing, whereupon the
said ordinance or resolution shall become effective." She states that the BIA endorsed this
declaration. Maybe we should be asking the Secretary of the Interior for the documentation from
Superintendent Rosen granting approval & her basis for granting approval. Show us the
documentation & evidence used to substantiate domestic terrorism & homeland security threats. This
declaration violated so many constitutional rights for a WHOLE NATION of people that we shouldn't
sit back & remain silent. The severity of this declaration warrants further investigating to hold ALL
those involved, accountable for this action!
8. Chairman Bigboy directed Ashland County Sheriff Department to issue trespass citations to
Tribal Members for peacefully protesting on Tribal lands. Not only is this a violation of the Indian
Civil Rights Act, which guarantees the right of Tribal Members to peaceably assemble and seek
redress of their grievances, it was a breach of tribal sovereignty by infringing upon the Tribe's
jurisdiction over civil matters.
9. On 2/2/08, an illegal Recall Hearing was conducted AFTER the Recall Hearing was
adjourned. By a show of hands, the petition was set aside. As Members were still exiting, Vice-Chair
Peter Lemieux jumps up & grabs the microphone telling people "Wait a minute! Its not over yet!" He
& Eugene Pigboy proceeded to conduct their own "show of hands" after a good share of the Band
Members already left the room. Surveillance tapes clearly captured the illegal tallying of votes when
the numbers they first counted wasn't enough to have a majority vote of all members counted in
attendance.
10. Vice-Chair Peter Lemieux, then Secretary Sue Houle, Treasurer Bernard Lemieux & Council
Member Bonita Greene deliberately acted against the will of the people. They conspired to conduct
a Recall Election based on the illegal recall hearing after the recall hearing was adjourned. On
2/22/08 those four Council Members refused to answer to the people when questioned & asked to
explain their actions. Asked repeatedly, "on what grounds," (in reference to the recall election) they
sat mute only to shout "call for the question!"
11. ARTICLE V-REMOVAL, Section 1. "...The Band members shall vote by a show of hands. Upon
failure to show just cause it shall be the duty of the Tribal Council who shall have no recourse but to
call a recall election." A recall hearing for Peter Lemieux was held & the overwhelming majority voted
to hold a recall election. The Council failed to uphold the Constitution. They choose NOT to follow
the constitutional directive to hold a recall election. THEY WENT AGAINST THE WILL Of THE
PEOPLE!!!
12. ARTICLE V-REMOVAL, Section 1. "Upon receipt of a petition signed by thirty (30) percent of the
eligible resident voters calling for the recall of any member of the Council, the Tribal Council shall
conduct an open hearing within five (5) days at which the accused member shall face the petitioners
and show just cause why the petition should be set aside." A petition calling for the recall of Eugene
Bigboy was presented to the Council on 8/13/08. The petition met the criteria per the Constitution.
On 8/26/08, the Council validated the petition by a vote of 6-0. To date, the Council refuses to
complete the constitutional process to conduct a recall hearing. AGAIN, THEY WENT AGAINST THE
WILL OF THE PEOPLE! It's no wonder I keep hearing "We have a government not of our choosing!"