October 2010 www.gilariver.org/news Serving all seven districts of the Gila River Indian Community Vol. 13 No 10 Gila River Indian News P.O. Box 459 Sacaton, AZ 85147 Change Service Requested Tribal Lawsuit: A Matter of Respect and Principle By GRIC Gov. William Rhodes casino, filed the week after. Out of respect, I believe that I must explain the reasons why Community Council and myself so pointedly disagrees with Washington and with TON’s plan to build a casino on land they secretly bought in Glendale, 160 miles from their reservation headquarters in Sells. My explanation can be summed up in a single sentence. We believe the Tohono O’odham Nation, with the assistance of the federal government, has disrespected the rule of law, the balance so carefully struck among Indian gaming tribes, our community, the City of Glendale and every Arizonan. At the crux of our lawsuit, is PRESORTED STANDARD U.S. Postage PAID Sacaton, AZ Permit No. 25 There’s no literal translation in English that does justice to the tribal word himdag, As Governor of the Gila River Indian Community, himdag guides my every decision, my every action. Himdag, as passed down by our elders across hundreds of years, teaches us respect for all things, including the value of a promise, abiding by the law and concern for the welfare of others. Respect as a guiding principle feels old-fashioned in the 21st century, but it exists all the same – even when our community is compelled to sign its name to a lawsuit against the United States Department of the Interior. You may have read about that suit, filed September 16th. You may have also read about the City of Glendale’s lawsuit to stop the See Lawsuit page 6 Passing of Tony Curtis leaves behind legacy of Ira Hayes on the silver screen By Jeri Thomas, GRIN Staff D5 Councilman Pablo Sr. impeached on charges of improper conduct By Mihio Manus, GRIN Managing Editor SACATON-With the passing of legendary actor Tony Curtis, the Gila River News contacted Sharon and Larry Cook, D3, caretakers of Kenny Hayes, brother and immediate sole survivor of Marine Cpl. Ira H. Hayes (1923-1955) who is widely considered a World War II hero. The Cooks were generous in sharing their family photo of legendary actor Tony Curtis, 85, who died Wed. Sept. 29, 2010 of cardiac arrest in his home in Henderson, Nevada. Tony Curtis was born Bernard Schwartz on June 3, 1925 in New York City and took on the name Tony Curtis at the onset of his acting career. Curtis starred in over 150 films, one of which was as Marine Cpl. Ira H. Hayes in the film The Outsider (1961). The film portrays the life of Marine Cpl. Ira H. Hayes (1923-1955) as it was afflicted by his participation in the raising of the American Flag on Mount Surabachi on the Island of Iwo Jima, during World War II. The Cooks say the photo was taken in Casa Blanca by Universal Pictures. A few people in the Community recall the visit to Sacaton by Tony Curtis. Julie (Eschief) Nasewytewa was 26 years old in 1961. In an interview with her in her home in Sacaton, Nasewytewa shared a copy of a 1961 news clipping of the visit. The young Hollywood actor posed with three of her friends. Nasewytewa was the tribal council secretary at the time. She said Curtis and entourage came to the tribal SACATON-During a special GRIC council meeting on Thurs, Sept. 30, an impeachment hearing was held for District 5 Councilman Franklin Pablo Sr. The D5 councilman stood trial for four counts of improper conduct stemming from a narcotics investigation that involved his stepdaughter, Renee Johanna Cannon. The investigation was an undercover operation that took place in the Community on behalf of the GRIC Strategic Enforcement Unit with support from the U.S. B.I.A. drug unit. Prosecution in this case is being handled by Jennifer E. Green, Assistant U.S. Attorney, District of Arizona, Phoenix. After testimony was presented from witnesses on behalf of both the plaintiff and the defendant, GRIC Community Council motioned to impeach Councilman Pablo based on the four charges of improper conduct against him. According to the GRIC constitution, Article XII – See Impeachment page 7 L to R: Job Hayes and Nancy (Whitaker) Hayes, parents of Ira H. Hayes, Tony Curtis, Vivian Nathan, and unnamed male actor. Photo taken by Universal Pictures on location in Casa Blanca, D5 while filming The Outsider (1961) directed by Delbert Mann. Photo courtesy of Sharon and Larry Cook. office to get permission to film. When asked ‘were you starstruck?’ with reserved amusement, Nasewytewa said, “That was the first time I ever saw white Levis.” Nasewytewa said the old tribal office was a frame two-story building located near what is now the Service Center. She said the wardrobe trailer was parked in the back. The actors and extras had lunch under a big cottonwood tree. ‘I don’t know if it’s still there,’ she said. Nasewytewa said her best friend was Hayes’ cousin and “every time I went to their house he would be lying on his bed listening to a little transistor real close to his head.” Patsy (Miles) (Birdinground) Smith, D6, who also appears in the photo, when contacted by phone said she signed up to be an extra in the movie. “But it was so hot, I didn’t keep up with it,” Smith said. And “I remember his black platform shoes. They must have been three inches high,” she said. Both Nasewytewa and Smith said the actors donned heavy winter coats despite the fact that filming was done See Tony Curtis page 16 See Gila River Voter’s Guide & 2010 General Election Ballot Measures on Pages 8 and 9 Page 2 Gila River Indian News October 2010 October 2010 Gila River Indian News Page 3 Letters Vandalism carries heavy price to students Date: September 29, 2010 Gila River Indian News MIHIO MANUS [email protected] GRIN Managing Editor (520)562-9718 JERI THOMAS [email protected] GRIN Office Manager (520)562-9717 To the Community, Members and Families of Gila River Indian Community: My name is Ms. Molly Ryan and I am the principal at Skyline D5, Gila River Middle School located in District 5 at Preschool and Casa Blanca Road. Skyline has been instructing students from your community for three years. Unfortunately, during the past 3 years the school has been grossly vandalized over 4 times. It seems that the vandalism to the school is getting worse each time the school is hit. The last incident occurred a week ago and the school windows and doors were destroyed by individuals with a baseball bat. These individuals were on the school security camera however, they hid their faces so they were not able to be identified as yet. This past vandalism is going to cost the school over $10,000.00 which at this time we do not have available. In the meantime, the school appearance is embarrassing with windows and doors boarded. The school has an appearance of an abandoned building. The students are aware when vandalism occurs it takes money away from them. The student morale is low as well as the staff and teachers and the community as this is depicting our culture. Skyline D5 Gila River is a charter that the tribe does not recognize for additional funding. The school funding is limited and vandalism that occurs is costly to the school. Money that is designated for student activities and promotions now has to be utilized to pay for damage repairs. We need two things from the community. Donations to help us with the vandalizing and donations and in kind gifts to secure fencing and a camera system more advanced that what we have now. I am asking for any donations. The school is in need of new glass for the doors and windows. The community needs to be aware of the vandalism that takes place at educational facilities can happen anywhere on the GRIC Community. Unfortunately, it is the students who end up losing. Should you have any donations either monetary or materials please contact me at the telephone number listed. Thank you. Molly Ryan, M.Ed. Principal Skyline District 5 In Loving Memory of Everett L. Howard GINA GOODMAN [email protected] Receptionist (520)562-9715 ROBERTO A. JACKSON [email protected] Reporter (520)562-9719 Fax: (520)562-9712 Email: [email protected] www.gilariver.org/index.php/news Gila River News Material published in the Gila River Indian News may not be reproduced in any form without consent from the Gila River Indian Community. LETTERS POLICY: GRIN welcomes letters and columns from readers. Letters should be limited to 200 words and be in good taste. Material that could be libelous or slanderous is not acceptable. All letters or columns should be signed with the writerʼs true name, address and telephone number in the event GRIN may need to contact the writer. Only the name of the writer will be printed in the paper. Letters or columns without a complete signature, name, address or phone number will not be acceptable to GRIN for publication. GRIN reserves the right to edit submitted materials for grammar, spelling and content. Write to: Editor, GRIN P.O. Box 459 Sacaton, AZ 85247 Published letters or columns do not necessarily reflect the opinion of the editor or Gila River Indian Community. Gila River Indian Community P.O. Box 97 Sacaton, AZ 85247 520.562.9500 www.gilariver.org William R. Rhodes, Governor Joseph Manuel, Lt. Governor In Loving Memory of Everett L. Howard 2/06/43-10/03/06 Each person that knew him on a personal level called him “Moon”, we as his children called him “Dad. Our Dad had many positions in his lifetime, all of which kept him busy. Some of the things he did included: being a marriage & family counselor, a Presbyterian-Lay Commissioned Preacher, a college graduate, a member of the Parent Advisory Committee for boarding school students, one of the chapter founders of the Sacaton Alcoholics Victorious, one of the founders of the O’otham Ne’edam Choir, and a member of the archeology crew at Snaketown. He also received many awards and cer- tificates: the most memorable ones were the Akimel O’otham Youth Council-“Elder of the Year Award”, and the Russell Moore Festival-“Lifetime Achievement Award in Music”. Our Dad enjoyed singing and translating church hymns into the O’otham Language. From: His wife Barbara, his kids; Joey, Elaine, Korn, Arlene & Liz and the grandchildren. Four Years have gone since the day he left us, and our tears are slowly drying. But we still continue to have those days when the loss of him is still hard to bear. Thanks to the support of our faith, family and friends – we are able to face each day. The impact he has made in our lives and others has been a true blessing. His voice and his ministry are truly missed. In Loving Memory of My Beloved Son Edward Daniel Osife Siquieros In Loving Memory of My Beloved Son Edward Daniel Osife Siquieros “Eddie” June 5, 1987 – October 29, 2006 My son it’s been four years since you left us. It doesn’t seem like you’re gone. We keep your memory alive with us each and every day. There isn’t a day that goes when we don’t think of you. We remember your smile, your voice, everything about you. Son we all love you and miss you so very much. Nothing has been the same since you left us. There’s been so many hurt feelings and pain for everyone you left behind. We were like a chain hooked together for life. But now it’s broken because you had to leave us. You were the one that was holding us together for life. But now it’s broken because you had to leave us. I t your place as we go on with our lives. We keep you in our hearts always. Son you’ll never be forgotten, we’ll always be loving you but God loves you more, he has called you home, where we will all meet again someday. Then the chain will be reconnected for everlasting life. We all love and miss you so very much. Eddie you’re forever in our hearts. Your memory lives on – Never forgotten. Love always, Your Mom Edwardine Osife Reyes, and sisters Rachael Enos, Marisol Osife and your nephews and niece. will never be the same again because no one can ever take Rest in Peace -Alana Teresa Preston District #1: Arzie Hogg Augustine Enas District #2: Jewell Whitman District #3: Rodney Jackson Myron Schurz District #4: Barney B. Enos Jr. Rebecca Rowe Christopher Mendoza John Antone District #5: Brenda Robertson Brian Davis Delane Enos District #6: Anthony Villareal Albert Pablo Terrance B Evans District #7: Martha Miller Arthur Felder, Tribal Treasurer Linda Andrews, Community Council Secretary Rest in Peace Alana Teresa Preston August 4, 2009-October 4, 2009 My sweet little girl… My sweet little girl, I know it’s been a year I’ll always remember that dreadful day I had to shed a tear. I’ll always ask the Creator why you couldn’t be by my side? I wonder if he knows how much pain and sorrow he caused me inside? My sweet little girl, you don’t know how much of an impact you made in my world. Though it was short lived, even though the Creator decided he needed you more then Me and your Mom! My sweet little girl, I remember the day your mom told me that she was carrying you. I was full of excitement. I had so many plans for you. But when you left us, part of me went with you. I would picture you in my mind, your smile, your laugh. Everythang about you! I would think how would you be? How everything would turn out? But then the Creator reminded me of what life was all about! My sweet little girl, I asked the Creator why? But I was so mad and sad that I had to cry!! I know you want us to be strong for you, so in my mind/heart that’s something I plan to do. I know you were with us in such a little time span. But within that time you really brought me happiness. And in the end it’s nothing but sadness. My sweet little girl, you know Alana, I love you and I miss you so much… I’ll never stop loving you and I know your mom feels the same way too. My sweet little girl, I know da Creator is taking good care of you up above. I just wanted you to meet your older brother and your sisters! But now I guess we’ll all wait to meet up until that day comes. And I know when you see me, you’ll smile with open arms, and say “Welcome home Dad…” My sweet little girl, in this message that I’m sending you, I know there’s a lot of “I’s” in it, but I know it’s not about me! Its about you!!! I love you, my daughter, Alana Teresa Preston, My sweet little girl… Forever your Dad, Mr. Curry Jay Preston Casa Blanca Page 4 Gila River Indian News October 2010 GRIN/Mihio Manus Left: GRICʼs contribution of $200K helped the City of Maricopa afford and establish a mobile command center for their public safety departments. Right: (L to R) GRIC Chief of Staff, Greg Mendoza stands next to Maricopa Police Chief Kirk Fitch and Maricopa Fire Chief Wade Brannon inside the mobile command center. GRIC’s commitment to public safety assists Maricopa’s mobile command By Mihio Manus, GRIN Managing Editor MARICOPA-The Community’s dedication to public safety extends well beyond Community boundary and into the surrounding municipalities. This became evident when the City of Maricopa recognized GRIC for their contribution, in the form of a grant award, toward an emergency command center to be utilized the public safety divisions of the city. During a city council meeting on Tues, Oct. 5, Maricopa Mayor, Anthony Smith acknowledged GRIC’s generous contribution of approximately $200K. Maricopa’s Chief of Police, Kirk Fitch said the command center, which was parked outside the council meeting, was the culmination of several years effort and a generous donation from GRIC. Present at the council meeting was GRIC Chief of Staff, Greg Mendoza who commented that the Community was very happy to assist Maricopa in establishing the mobile command center. Mendoza told the city council that GRIC Governor William R. Rhodes extended his appreciation for the city’s gratitude and hopes that Maricopa and GRIC will continue to support each other’s community services. Mayor Smith said, “This council and previous councils have been blessed in our relationship with GRIC.” The mobile command center has already been used on a few crime scenes and major city events. Maricopa Fire Chief, Wade Brannon noted that the fire department will use the vehicle for fires and spe- cial events as well. The command center boasts a camera telescope that can be hoisted up 30 feet in height. This gives the public safety divisions an extended field of view when monitoring crime scenes or patrolling special events. The command center has multiple rooms which the police department can use for on-site meetings or briefings. TCRP Task Force presents final draft to Community Submitted by the TCRP Task Force In accordance with its Action Plan, the Tribal Constitution (TCRP) Task Force presented the Final Draft of the Constitution to the Community. The first presentation was made to the Akimel O’otham Pee Posh Youth Council in July and subsequent meetings were held throughout the districts during August and September. The presentation consisted of 3 parts. The first part was a 7-minute video which gave an overview of the major changes in the draft. A Summary of Proposed Changes and an overview of the Secretarial Election in PowerPoint format were also presented. The TCRP Task Force traveled to San Francisco on September 11 and Los Angeles on September 17 & 18. The urban members asked questions and voiced their concerns on the critical issues to Gila River members. They stated that although they live in the cities, they would like to be informed and were grateful for the presentations. Councilman John Antone, District Four accompanied the Task Force to the California meetings. Overall, the response and feedback from the community on the Final Draft is positive. The majority of the comments and feedback indicated that although they do not agree with every proposed change, the community is in favor of the amendments within the Draft. At each of the presentations, a survey was distributed which consisted of two questions: 1) Overall, do you think the changes in the Final Draft Constitution meet the needs of the Community? 2) If the elections were held today, would you vote to approve the Final Draft of the Community’s revised constitution? The comments received were as follows: 1) Yes. Our community should strive on this constitution reform. 2) Yes. Because this demands our people involved in voting. Youth Council 1) God Bless GRIC. We need changes. 2) YES D-#6 1) Yes, it is clearly worded where we can understand this and is truly updated. 2) YES, it is something we can finally read to our understanding and I’m a person who didn’t have much schooling. Very informative. Thank you. UMA 1) Yes 2) Yes. Look into further tribal membership, specific to Pima/Maricopa and some other tribe. Disagree that Treasurer should be appointed by Governor. D-#1 1) Yes the explanations were beneficial—a PowerPoint printout would be good as a handout. 2) Yes. I await to be contacted to vote. Thank you for coming. The ethics element needs to be included. Urban centers is a helpful outreach. San Francisco 1) No. I believe in lowering the bloodline to 1/8. 2) No. Same reason as above. San Francisco. 1) Yes. Find an answer for degree blood. 2) Yes. I agree with the off reservation rule, I agree with the changes. Los Angeles. 1) Yes. With a couple of changes: 1. Extend # of days to file statement of justification from 10 to maybe 20 days under Article XVII, Sec 4 (b) and 2. Inclusion of Chief Judge and Associate Judges under Article X, Sec. 1. 2) Yes. Per above. D-#5 The TCRP Task Force would like to thank all those who attended the meetings and to those who submitted feedback. The Task Force would also like to thank Edit Box Productions for the production of the video. The TCRP Task Force awaits a decision from the Legislative and Government and Management Standing committees to move the Final Draft to the Community Council and request a Secretarial Election. For further information and continuing updates, please contact your district representative or call (520) 562-9759. October 2010 Gila River Indian News Page 5 Governor’s Employee of the Month for September 2010, David Huerta Submitted by Joel Orona, EAP Specialist the ongoing and sustaining program maintenance making this an especially memorable and fun filled time for everyone. At the “Mustering In Day” event held annually in September; David on a weekend has also been available and ready to repeat his assistance to make this equally memorable, fun and safe. Mustering In Day commemorates the Pima and Maricopa Army volunteer’s contributions to the Apache Indian wars. This is an important historical event for the community and especially to the descendants of those volunteers. David’s weekends are also often spent pitching tents for burials to shade the families who have come to bid a loved one farewell. Continuing outside of his regular duties as a carpenter, David assists with a food delivery route for the homebound elders and the disabled. In all respects David does not limit himself to his daily housing and property work orders. Instead, he stands A full year has turned since the inception of the Governor’s Employee of the Month program. September marked our 13th recipient in David Huerta, Carpenter Helper from the District 7 Service Center. It has been great seeing us showcase some of our very best. Mr. Huerta was hired as a laborer at District 7 in 2007 and promoted to Carpenter Helper in 2008. Mr. Huerta is noted by his peers as an humble man but enthusiastic, selfless, and a hard working employee. This is the case when he is first to volunteer for District 7’s annual events. Notably, this past April marked the 143rd Anniversary of the 5 Tribes Peace Agreement commemorated at District 7. The event commemorates the peace agreement of 1863 among the Maricopa, Pima, Yuma, Hualapai, and Chemehuevi. There David is given to doing some of the important preparatory work as well as engaging in GRIN/Roberto A. Jackson ready to serve the community in his quiet and reserved manner, nonetheless showing his dedication and concern for the wellbeing of the Gila River Indian Community. David Huerta was born in Los Angeles and moved to the Phoenix area in 1985. His family is composed of his own Hispanic heritage and his wife Anna Marie PennHuerta’s Akimel’O’odham ancestry. Mr. and Mrs. Huerta have four daughters and two sons ranging from age 7 to 21 years of age. Employees from the departments of Public Works, Education (Head Start, Library), Social Services, Police, DRS, H.R./Insurance, Facilities Maintenance, PMIP, MIS and now District 7 have been honored in this program thus far. GRIN/Roberto A. Jackson Seven Generations Awards Dinner yielded 3 recipients who were honored by the NABA of Arizona. Left to Right: Dr. Clinton Pattea, Judge William C. Canby Jr., and Kerry Patterson were recognized at the Wild Horse Pass Hotel & Casino. The event also included a silent auction to aid Native American law students. NABA Present Honors at Seven Generations Awards Dinner By Roberto A. Jackson, GRIN Reporter CHANDLER-Wild Horse Pass Hotel & Casino was the site for this year’s Native American Bar Association of Arizona’s (NABA-AZ) Seven Generations Awards Dinner and Silent Auction. Native American attorneys, judges, law students and distinguished guests convened on September 25, 2010 to recognize the achievements of three honorees and also to raise funds for NABA-AZ, a non-profit organization. Proceeds from the silent auction will go toward scholarships to Native American law students. The honorees included Judge William C. Canby Jr, lifetime achievement award; Dr. Clinton Pattea, community service award; and Kerry Patterson, member of the year. In 2007 a group of local Native American attorneys noticed a disparity in networking opportunities for Natives in law parallel to other races, and in September of that year NABA-AZ was established to promote legal, social and cultural issues pertinent to Native Americans. Patty Ferguson-Bohnee, NABA-AZ Board President and member of the Pointeau-Chien Indian tribe, welcomed guests and highlighted some of their recent community work which included a food & toy drive, golf tournament and the awarding of four scholarships to Native American law students. Mr. Alan Bayham, President of the State Bar of Arizona, offered welcoming remarks on behalf of the State Bar and fondly recalled the pleasure of visiting the GRIC court in Sacaton. “I was impressed then and I remain impressed,” he said. The lifetime achievement award was given to 9th Circuit Judge, William C. Canby Jr., for his substantial contribution to the practice and administration of Indian law in the state of Arizona. Judge Canby was noted for his extraordinary expertise in Native American law cases, tranquil demeanor and deadpan sense of humor. To Indian law professors, Judge Canby’s work is always present and he was extremely grateful for the honor. Judge Canby said he was delighted to follow in the footsteps in Community member Rod Lewis who was last year’s recipient. Dr. Clinton Pattea, President of the Fort McDowell Yavapai Nation, was recognized with the community service award for his years of leadership and contribution to the Native American community. Dr. Pattea was introduced by Dr. Peterson Zah, Special Advisor to the President on American Indian Affairs, who recalled the days when the two were young schoolmates. Dr. Pattea who has devoted much of his career to the welfare of People of the Fort McDowell Yavapai Nation, accepted the award on behalf of the those he served for over 40 years. Kerry Patterson, counsel in Lewis and Roca’s Tribal Affairs and Gaming practice group, said she was very humbled to be named NABA-AZ member of the year. Patterson was a founder member of the NABA-AZ and served as the organization’s first president. During her acceptance she said that it was an honor and a privilege to work with such an outstanding Indian Law community. Special thanks, for the event, was given to APS, Sacks Tierny, and the Canby Law Clerks – 1980-2010 for their generous sponsorship. Page 6 Gila River Indian News October 2010 In the Courts of the Conqueror By Jeri Thomas, GRIN Staff “A s Americans, we can reasonably expect justice,” Water R. EchoHawk “Most Americans equate our legal system with justice with a good moral compass. Justice occurs when the law reflects and protects the widely held needs and values of all segments of society.” Eloquent words spoken by Walter R. Echo-Hawk before a small crowd gathered at the Heard Museum recently. The Heard Museum was the setting for esteemed and prolific author Walter R. Echo-Hawk to share his latest book, In the Courts of the Conqueror, the 10 Worst Indian Law Cases Ever Decided. Echo-Hawk is newly retired from the Native American Rights Fund located in Boulder, Colorado. After 35 years of advocacy, Echo-Hawk is considered a pioneer and icon of Indian law. Echo-Hawk said he penned In the Courts in an effort to give back to the profession and graciously credited legal scholars in the field saying, none of the opinions in the book are original thoughts. The title is partly attributed to Supreme Court Justice John Marshall (1755-1835) who was “the definer of our nation and widely considered the most influential chef justice, kind of like Elvis,” Echo-Hawk mused the audience gathered in the atrium of the Steele Auditorium. Echo-Hawk said that Marshall ominously described the American judicial system as ‘the Courts of the conqueror’ in Johnson v. M’Intosh (1823) wherein the Supreme Court handed down a sweeping opinion that appropriated legal title to the United States, even though most of the continent was still owned and occupied at the time by Indian tribes. In the Courts succinctly restates history that escapes school books and the knowledge of many. That during the Colonial Era (1492-1960) nations of Europe competed to conquer, colonize, and Christianize the rest of the world and embedded into American law doctrines of discovery, religious intolerance, and guardianship, which provided the source for plenary or absolute power of Congress over Indian people and their property. American conquest also impacted indigenous people of the Philippines, Guam, Hawaii, and other territories. The legal opinions of the day were persuasive, eloquent, and supported with legal authority with convincing results, Echo-Hawk said. Lawsuit from Page 1 clear evidence that the proper procedure for creating an Indian casino has been sidestepped. I’ll leave the legal wrangling to the lawyers, but in the 21 months since our sister tribe surprised us with plans to build a casino on our aboriginal lands, our community has learned more about legal loopholes, PR spin and shading the truth than we would care to. The surprises have continued to come, and so have the disappointments, especially where our sister tribe is concerned. In the past, our community and the Tohono O’odham Nation have lived side by side and mutually benefitted from our entwined cultures and interests. There’s no better example than the Indian gaming compacts ratified by Arizona voters in 2002. Proposition 202, supported by 17 tribes statewide, including the GRIC and the TON, created a sound but delicate balance, a promise, that kept casinos out of urban neighborhoods, gave much-needed revenue to the state and created an economic engine to lift every tribal community. To see that balance upset and that promise broken – and to see one tribe use secrecy and legal maneuvering to benefit at the expense of every other tribe and our state – is difficult to comprehend, let alone stand for in silence. Thus, the Gila River Indian Community took our case to federal court. Our first goal is to force the federal government to apply federal gaming laws evenly. Never before has a tribe been allowed to “shop” for reservation land half a state away from its homeland, then open a casino on the newly created “pocket reservation.” That not only flies in the face of federal gaming law, but in the face of every Arizonan’s vote for Proposition 202. As for our sister tribe, I know our disagreement is temporary. Himdag has a place of supreme importance in their culture, too. I would like to believe that their leadership will rediscover their way soon enough. I believe we can achieve more together than apart, and that greed should never be allowed to trump respect for all things. which struck down the legal underpinnings of segregation and the Jim Crow laws and culminated several decades of social movement. Legal scholars note that the same good/dark phenomenon occurred with federal Indian law cases. The law comports with prevailing politics of the day. Echo-Hawk said there are shining stars in the horizon that can strengthen federal Indian law. Notions of colonialism have become repudiated as repugnant. Tribes are firmly embedded and have more resources than ever, he said. “The passage in 2007 of the United Nations Declaration is the new order of the day. The courts need to mature to a more just culture. Millions of people need government protections against crimes of society,” Echo-Hawk said. Echo-Hawk said he purposely set out to examine the far reaching cases. Of the ten cases he examined, “I tried to chart a middle ground,” he said. And when asked which case is the worst, Johnson v. M’Intosh (1823) bodes first on his list. In the Courts of the Conqueror, the 10 Worst Indian Law Cases Ever Decided is published by Fulcrum Publishing. [email protected] GRIN/Jeri Thomas Echo-Hawk has been the recipient of numerous awards including the “Spirit of Excellence Award” from the American Bar Association and the “Civil Liberties Award” from the ACLU. “The law at its worst can become a perversion of justice,” Echo-Hawk said. “As a man-made institution, the law is imperfect, and sometimes the law falters and falls short of the mark with a double-edged sword with two sides of the law,” he said. “At its worst, we can look at world history and try to fathom the amazing capacity of the law to bring great harm to people,” Echo-Hawk said. “The law was used as a tool of evil when judges, prosecutors, and law professors were willing instruments of the Natzification of Germany. The war crime trials of World War II were compromised and the law was an instrument of terror and coercion,” he said. Echo-Hawk said at its finest, the law can stir the heart, such as in the case of Brown v. Board of Education (1954) New GRFD building utilizes green aesthetic Lt. Gov. Joseph Manuel with GRFD Chief Thomas Knapp during a tour of the new fire station in Sacaton. The building was made to be cost effective with an emphasis on reducing operational costs and maintenance. The building is equipped with energy saving lights and some of the hallways are naturally lit with daylight. The flooring was made from river bed rock harvested locally for concrete. The bathrooms were upgraded to cultured marble over torrazo at about 1/3 of the cost. The new station also has low water flow which was estimated to be 45% less water usage compared to an average building of similar size. The grand opening is tentatively scheduled for mid-November when the building will be prepared for operation. GRIN/Roberto A. Jackson October 2010 Gila River Indian News Page 7 Native American Day at Gila Crossing bring spirit of unity to students By Roberto A. Jackson, GRIN Reporter A day of Native American celebration was observed at Gila Crossing Community School on September 16, 2010. Students, faculty and families joined in a morning of song, acknowledgment and high spirits that overflowed the energetic gymnasium. Beginning at eight o’clock in the morning, the elementary and middle school’s student bodies attended along with families to welcome guests as they shared their admiration and love for Native American heritage. Gila Crossing’s previous Native American Celebration Day had separate festivities for elementary and middle school at their respective campuses. “We are uniting as a school,” said co-master of ceremonies Scott Garcia. Jolyana Bitsuie partnered with Garcia and participated in the event with the sharing of a song. The cultures of Native American people were brought together as well as representations of O’odham and Pee Posh culture from local Community members. “This is really good for the kids, promotion of the culture is everything,” said James Mercado, D7, who performed traditional songs as a soloist for the delighted crowd. Several pageant winners also attended the celebration including Miss Indian Arizona 2009-2010 Daryl Lynn Jay and 2010-2011 Arizona State University Indian Royalty Cher Thomas and Dave Nezzie. High school royalty from Betty Fairfax and Cesar Chavez High School’s visited to address and interact with the students. In the spirit of Indian Day exhibitions of neighboring tribes were shared with the students. Navajo songs, Yaqui deer dancers, Apache crown dancers provided a welcoming atmosphere for the students and families. Basket songs were performed and a special Pima basket dance performance by the Co-Op Basket Dancers and Gila Crossing Community School Dancers drew rave applause. Several items were donated to provide gift baskets for the dancers and singers. The presence of families added a sparkle to the event as Fernando Madrid, Acting Interim Middle School Principal, said that families are the most important part of a learning community. “The foundations of learning start at home,” he said. GRIN/Roberto A. Jackson Co-Op Basket Dancers joined the Gila Crossing Community School Dancers on stage during the Native American Day Celebration at Gila Crossing Community School. In addition to Oʼodham and Pee Posh showpieces there were exchanges from Apache, Navajo and Yaqui. Donations were made for all the visitors who participated in the celebration and food was provided for all the families and guests that supported the students. Madrid, D6, also exclaimed the importance of uniting the various tribes for events especially in a state such as Arizona with our 21 federally recognized Native American communities. “Every community has to bring the cultures of the Native American people together.” Credit was also extended to Executive Director Joe Fra- zier who Madrid distinguished as being very supportive on parental involvement. “It’s the parents that make the key and the difference.” Before the lunch hour the Middle School students were transferred back to their campus and lunch was served for the students and visitors. high-ranking GRPD officers although he was aware of the policy. Accordingly, in seeking and obtaining confidential information, Councilman Pablo Sr. compromised the best interest of the Community and the integrity of the investigation. In his defense and during his testimony, Councilman Pablo Jr. said that he met with high-ranking GRPD officers ‘as a parent and not as a councilman’. Pablo also said the alleged confidential documents in question were actually copies of the search warrant and an affidavit that were provided to his stepdaughter’s roommate during the time that the warrant was served. Pablo contended that these documents were given to him by his stepdaughter’s roommate and not acquired through meeting with GRPD. Pablo Sr. also addressed jurisdictional concerns regarding GRPD serving a warrant in the town of Maricopa. According to Pablo, these concerns were the basis of his meeting with GRPD officers. “What if it was your child? You would be concerned too,” he said. “I didn’t demand anything. I got answers. I left. I was there no more than ten minutes” In closing arguments, GRIC legal counsel reiterated that by meeting with GRPD officers and inquiring about infor- mation surrounding a confidential investigation, Councilman Pablo Jr. put employees in jeopardy and compromised the investigation. They also contended that Pablo Sr. did not meet with GRPD officers as a concerned parent but as a councilman on behalf of the Governor. Russell C. Ray, Legal counsel on behalf of Councilman Pablo Jr., stated that the councilman never asked for, or received, any confidential documents and that there were numerous inconsistencies and contradictions presented in the testimonies of the plaintiff’s witnesses. After hearing arguments on behalf of both GRIC legal counsel and the defendant, GRIC community council motioned to deliberate in caucus for 30 minutes. Upon reconvening from caucus, Councilman Jewel Whitman, D2, spoke on behalf of the community council in voicing their decision. GRIC community council motioned to impeach Councilman Pablo Sr. for the four charges against him. The council found him guilty of improper conduct. As stated previously, the motion was carried with a vote of 13 yay and three nay. Impeachment from page 1 Removal from Office, Section 2, if a councilman is found guilty of improper conduct they can be expelled by an affirmative vote of no less than 12 favoring expulsion. The constitution also provides that the accused official shall first be given the full and fair opportunity to reply to all charges at a designated council meeting. The motion to impeach Councilman Pablo Jr., was carried with a vote of 13 in favor and three in opposition. Legal counsel on behalf of GRIC contended that Councilman Pablo Sr., used his political clout in meeting with three high-ranking officers of the Gila River Police Department to influence the disclosure of confidential information while discussing the arrest of his stepdaughter. Based on communication protocol set forth by Governor Rhodes and presented to GRIC community council in July ’09, to control the flow of information between Community department directors and the Executive and Legislative branches of government, any request for information or meetings between councilmen and department directors must first be met with concurrence of the Governor. It was the opinion of GRIC legal counsel that Councilman Pablo Jr. circumvented the chain of command and violated protocol by not seeking authorization to meet with Page 8 Gila River Indian News October 2010 October 2010 Gila River Indian News Page 9 Page 10 Gila River Indian News October 2010 Navajo Code Talker, Sgt. Allen Dale June passes away at age 89 Submitted by Gerry Gall, Post Historian Ira H. Hayes American Legion Post 84 Left: American Legion Post 84 escorting the casket of Code Talker Sgt. Allen Dale June. Ron Enderle leads the front of casket with Robert Delsi at the back of casket and Leonard Enos holding Marine Corps Flag. Right: Ira H. Hayes Post 84 from Gila River Indian Community is the lead Honor Guard with Ute Mountain Ute Honor Guard from Towaoc, Colorado standing behind them. PRESCOTT-Navajo Code Talker Marine Sgt Allen Dale June, age 89, passed away on Sept. 8 , 2010 in Prescott, Ariz. at the Veterans Administration Hospital after being ill for an extensive period. American Legion Posts 51 and 84 participated as honor guards on Wed, Sept. 15. Sgt. June was one of the original 29 who trained at Camp Pendleton, CA in 1942. These individuals developed the original framework for the secret military code which was used in battlefields. After completion at Camp Pendleton, they were sent to Marine units throughout the Pacific. Ironically, just days prior to June’s passing, an article about the three survivors of the original 29 was published in the Stars and Stripes, a worldwide military newspaper. Navajo Code Talkers participated in every Pacific Island campaign from 1942 to 1945 including Guadalcanal, Tarawa, Peleliu and Iwo Jima. In addition to the original 29, it is estimated that 400 recruits were trained as Code Talkers for Marine Corps. Not all were deployed overseas. It was stated by Major Howard Connor, 5th Marine Division signal officer, “were it not for the Navajos, the Marines would never have taken Iwo Jima.” All Code Talkers were sworn to secrecy about their duties until 1968 when the Code was declassified. June’s funeral procession began in Flagstaff at 5:30 a.m. with the Navajo-Hopi Honor Riders and the Arizona Highway Patrol leading the procession to Page. Over 300 individuals attended the church services. Ira H. Hayes Post 84 stood as honor Iwo Jima Flag Raising Renactment kicks off NARD GRIN/Jeri Thomas The Haskell Osife Antone Post 51 of Blackwater, reenacted the raising of the American Flag on Mount Surabachi, Iwo Jima on the lawn of the Heard Museum to kickoff the festivities for the Native American Recognition Days on Oct. 1, 2010. guard during viewing and Haskell Osife Antone American Legion Post 51 served as honor guard when leaving the church for the procession to Kaibeto for internment. Military honors were conducted by active duty members of the U.S. Marine Corps, 6th Engineer Support Battalion stationed at Luke Air Force Base. After burial, dinner was provided. Sgt. June’s wife, Virginia, family members, four Navajo Code Talkers, and other dignitaries told stories about Sgt. June’s life. In attendance was Peter MacDonald, former Navajo Nation Chairman and Marine Code Talker himself, said he remembered a conversation with Sgt. June about the landing on the Island of Peleliu on Sept. 15, 1944. June described the machine gun fire right above their heads. Sgt. June, in recalling the Battle of Bloody Nose Ridge said, “what I read in the Bible about Hell is paradise compared to Peleliu.” MacDonald also said he remembered reading an article in 1968 after declassification, which called them “Code Talkers.” Prior to that, they had always considered themselves as being “Radiomen.” While the World War II Code Talkers are widely familiar, other native languages was used by the Army during both World Wars. Several times throughout the services the Gila River Indian Community was cited not only for honoring its own veterans such as Ira H. Hayes, but also for the support provided to other veterans such as Sgt. Allen Dale June. May he rest in peace. Cash for Candy, Local dentist takes a stand against sweets this Halloween A local dentist has redefined the phrase “put your money where your mouth is.” This Halloween, trick-or-treaters can bring their excess candy to Impressions Dental in Casa Grande and receive $1 per pound. Dr. Kelly B. Wettstein and Dr. Spencer Weed are leading this anti-decay movement by giving away dollars and glowing electric toothbrushes in exchange for cavity-provoking candy. Global sugar consumption by kids increases by about 2% annually and currently sits at 50 million tons per year, which means parents need to be sure their children’s teeth are being cared for more than ever. Candy, as well as hurting teeth, can lead to hyperactivity and weight gain. “In some cases, the wrong types of candy can also lead to broken teeth and damaged braces” adds Dr. Weed. “Ditch the candy, that’s what we’re saying. Visiting your dentist twice a year and brushing daily are great preventative measures, but doing away with excess sweets altogether would really give your teeth a healthy boost,” said Dr. Wettstein of Impressions Dental. “Kids can still have all of the fun of trick-or-treating, and now their piggy banks will benefit as well.” Candy will be collected at Impressions Dental the day after Halloween only, Monday, November 1st from 4:30 to 6:30 p.m. The candy must be unopened. Please no bites! It will then be shipped to troops overseas. All candy donated to Impressions Dental is donated to the U.S. troops in Iraq and Afghanistan through Operation Gratitude. “We have been holding this event for 3 years and collected over 750 pounds of candy last year alone. That made a lot of Christmas baskets for our troops”, said Dr. Weed. Impressions Dental is a private-practice located at 442 W. Kortsen Rd #104 in Casa Grande (NW corner of Pinal Ave and Kortsen Rd.). Impressions Dental emphasizes general family dental care as well as cosmetic procedures. Dr. Wettstein and Dr. Weed are available to provide more information on the Candy Buy Back at 520-3742400, or visit Impressions Dental online at www.ImpressDentalCG.com. October 2010 Gila River Indian News “Workout for the Health of It” - 2010 Physical activity is one of the most important ways that an individual can lead to a healthier lifestyle. Maintaining an ideal weight and being physically active on a regular basis helps reduce the risk of many diseases. In order to promote physical activity and provide an opportunity for the community to continue along the path of healthiness, or to take the next step to lead healthier lives, we launched our “Workout for the Health of It” campaign. Every year during the month of July, the campaign takes place at both the Sacaton Wellness Center and the Komatke Fitness Center. We offer our health informational booth, which promotes physical activity, we provide one on one health education and we raffle off fitness prizes to the workout participants. In the past, the event was held every week, Monday through Friday from 11 am to 1 pm. Participants were entered into a raffle drawn from both locations totaling a number of eight (8) winners. This year we had a successful outcome and we would like to take this opportunity to congratulate and recognize all eight (8) winners for participating in this year’s “Workout for the Health of It” campaign 2010. Page 11 Page 12 Gila River Indian News October 2010 October 2010 Gila River Indian News Page 13 Page 14 Gila River Indian News Family Fun All Year Round Submitted by First Things First, GRIC Regional Partnership Council The cool weather is finally upon us and with the cool down comes parades and rodeos and of course the Arizona State Fair! It’s important that families continue to have fun together through the entire year and not just during the fair. Arizona is a very diverse state and children can learn a lot while they are having fun with their family. Having a good time as a family doesn’t have to cost a lot of money so here are some suggestions on how to have fun without having to spend a lot. Fishing, Hiking and Outdoor Activities: The Gila River Indian Community lands are beautiful and our children should learn to appreciate and enjoy them. During the cooler months families can take their children for walks in the dry Gila River bed and look for migrating birds and other wildlife. To make it an even more memorable experience, consider packing a picnic lunch with some of your children’s favorite foods. They will enjoy the exercise they get while being able to spend time with their family. Educational Activities: Arizona has numerous activities for children to do while learning and having fun at the same time. Locally, Ira Hayes Memorial Library hosts various activities for young children and their families. In most cases, these activities are free to the public and allow kids the opportunity to use their imaginations. If you are looking to head to Phoenix or Tucson, consider checking out some of the museums designed especially for children. Some of the most popular are: 1. The Tucson Children’s Museum 2. Children’s Museum of Phoenix 3. The Phoenix Zoo Just Plain Fun: If you are looking for something fun your kids will remember, try visiting one of these locations: 1. Red Rock State Park 2. Castles N Coasters 3. Water World Remember that in most cases, planning fun activities with your children can take some time and preparation. For those activities that require traveling or even entrance fees, plan ahead and set aside a little bit of money at a time. Most importantly, your children will remember the fun you have with them as long as you are enjoying yourself as much as they are. Take time to have fun with your children year-round. If you would like more information about early childhood development and health, please feel free to contact Cathy Thornton, Regional Coordinator at (602) 771-4991or via email at [email protected]. October 2010 October 2010 Gila River Indian News Page 15 Coolidge Schools Media Project, Students submit stories on daily life Submitted by Rachel Broadley, Assistant Principal, Hohokam Middle School Written by Taylor Alakel Heartland Ranch Elementary 21st Century Comes to Hohokam Middle School By Joshua Alakel September has and still is a busy month here at Heartland Ranch Elementary. We have just received student council election results. Our winners are, for President Britney Vasquez, our Vice President is Armando Robles, our Secretary is Jana Bowles and our Treasurer is Anissa Andujar. My school had an assembly presented by the third graders September 24th. Every assembly we have is presented by a grade level. We also present awards for certain categories. The people that get the awards work hard for them. That’s what mostly goes on at Heartland Ranch’s assemblies. Next, on September 10th we had bus drills. We always want to do bus drills in case of an emergency on the bus. We learned how to exit the bus, and which door to use in case of an emergency. We learned how many doors there are to exit a bus. There are 6 exits in a bus. That is what we learned about bus drills and safety on the bus. Also, we had a PTO meeting on September 16th. Our PTO meetings are sophisticated. At the meeting we talked about things that you wonder about. PTO meetings here talk about your kids’ learning and questions about the school. The meetings almost always give you answers on what they know is going on. That is the PTO meetings here at Heartland Ranch. Finally, we are really looking forward to October. Also parent teacher conferences on 10/13-10/14. That is what goes on here at Heartland Ranch Elementary. 21st Century is a free after-school tutoring program for students who need educational assistance. The program offers many classes that are filled with fun activities to help motivate the student with challenging games and learning strategies. The classes are being taught by great teachers, among them are: Mr. Bruno, Mr. Herrera, Mrs. Holland, Mrs. Jensen, Mrs. Timmons, Mrs. Ukat, Miss Cullen, Mr. Schoefield, and the program coordinator for Hohokam, Mrs. Arrants. The first session begins on October 4, 2010 and runs to December 21, 2010. The second session begins on January 3, 2011 and runs to April 27, 2011. The times for these classes are 7:15 am to 7:45 am and 3:15 pm to 5:15 pm. The morning sessions are offered for students who might have a conflict in schedules with after school practice activities. There will be a late activity bus at 5:30 for those students who normally ride the bus. The classes the program offers are: Art, Drama, Computers/Journalism, Spanish, Agriculture/gardening with the emphasis being in Math and Reading. This promises to be a fun and rewarding experience for all the students who participate. Written by Miranda Enos Heartland Ranch Elementary September has and still is a busy month here at Heartland Ranch Elementary. We had an assembly on September 24th and the third graders performed. At the assembly they passed out awards for student of month and Wildcat Awards. We had bus drills on September 10th. We had to jump out of the bus where the door is and if you don’t have a backdoor, you have to jump out of the side door to get out of the bus. After that you have to sit down where the cars park and then you go back to class. Parent teacher conferences are coming up in October. That means teachers meet parents and parents meet teachers to see how the students are learning in class. Progress report cards came out on September 10th. If you have an A plus you did a great job on your work. We had some guests come visit all the 5th grade classes and they were talking about the Constitution. They were dressed in costumes and they were talking about the making of the Constitution. That is all that we did in September. Like I said, parent teacher conferences are coming so you better do good on your grades so you can have a good time with your family and you don’t get in trouble and they might say you did a good job on your stuff. Mountain Vista Student Council Written by Taliah Rodriguez This year student council is panning lots of events and hopes to take lots of action in the benefit of our school. We have covered a lot of material in the two meetings that we’ve had and it looks like we have put together a very hardworking group of officers and representatives and officers. The officers and representatives are very interested with the idea of fundraising and we’ve thought of some very interesting ideas. This year is going to be a great one if our firm group continues its great way of working together. We will have a very successful school year. Some of the fundraising events we have planned include selling items after school on half-day Wednesdays and on Fridays. We also would like to host a Fall dance. These are a few of the subjects that have been addressed so far. Thank you for your time. Still Undefeated Written by Angelica Morales The Lady Wolverine softball team remain undefeated! We have beaten all of the teams we have played twice now throughout the year. We are heading off into playoffs, which will be held at Mt. Vista on Monday, October 4th at 4:15pm. If we are lucky enough to play that game and win we will compete in the league championship game on Wednesday. If we win that game we will be league champs and undefeated for the second year in a row. This year we have improved so much as a team. We have fabulous pitchers and players backing her up each game. We have to say a big thank you to the coaches. Without all three of them we would not have won all of the games this season. Thank you Ms. Tomerlin, Ms. Sorace, and Robert. Please come out on Monday and root on your Lady Wolverine Softball team at Mountain Vista Middle School! San Tan Heights Elementary By Kody Swencki and Nick Umali San Tan Heights Elementary is very excited to share some upcoming events with you. The first is the Great American Fundraiser starting October 6th thru October 19th. It will have lots of interesting items. Some of which are candy, magazines, Christmas wrapping paper, and jewelry. Please help us raise money for our school by purchasing some of these items. We also have our October Fest coming up on October 28th from 6 p.m. to 8 p.m. This will be held at our school and is open to the public. Come join us for games, food, costume contest, and much more. Wrist bands to enter cost $4.00, which includes all the games and trickor-treat lane to get candy. We would like to remind everyone that parent teacher conferences are coming up. They will be on October 13th and 14th and both days are half days. Look for a letter from your teacher coming home soon. After conferences we hope you will be excited for a little break. We will have our fall break Friday October 15th thru October 18th. Have a Happy Fall Break! West School Mercedez Madril 5th Grade At West School we are learning how good character is important. In October we will learn about respect. We will work hard at treating others the way we want to be treated. In October there will be a door decorating contest and an assembly about respect. In school we are working on writing fiction stories with good ideas and organization. In math we are working on fractions and learning about folktales from other countries in reading. In Science we are working in teams to create a volcano, and learn about the changes in the earth. At West School we have traditions like student of the week every Friday; we play the song “Eye of the Tiger” as the school song during Friday’s announcements. Soon we will be starting Tiger Tech- our after school program to help anyone needing help with their school work. I enjoy being at West School because I like the teachers, they are helpful. Mr. Streit our Principal and Ms. Williams the Assistant Principal are helpful with the students at West. West Elementary ByElysia Burgos I would like to give a big tiger welcome to all of the new teachers and students to West Elementary School. The new teachers to West School this year include: Delicia Garcia, Dianna Snurpus, Therese Langlois, Christine Cooper, Nicole hall, Marlene Capron and Dan Herrera. As a new student at West Elementary, I particularly like the activities and extra programs that allow students to get involved with the school and to help us with our school work. Teachers and students are working hard on reading and math. At West we are learning about the school’s traditions. We have learned the school mascot is the TIGERS and the school colors are blue and orange. During the morning announcements on Fridays we play the school song “Eye of the Tiger”. Everyone is encouraged to wear their school colors on Friday or their tiger shirt to show their school spirit. Every week the teachers pick their students of the week and they are recognized. Character counts at West School. The character trait for October is responsibility. On October 22nd the school will hold a character counts door decorating contest and the students will put on an assembly for others about responsibility. Red ribbon week will be the week of October 25-29. During Coolidge days the winners of the character poster contest will participate on the float for West School. We would like to thank Ms. Dobbins for being our Student Government sponsor and helping our school. Page 16 Gila River Indian News Tony Curtis from page 1 during the summer months. When asked about his recollections of the Tony Curtis movie, Rodney B. Lewis, longtime general counsel said, “The movie gave the Pima people a great sense of pride because Ira was finally being recognized as a hero even if it was through exploits.” A few people pointed out that The Outsider contained factual errors and when asked about the errors, Larry Cook chalked them up as deliberate and for entertainment L to R: Tony Curtis, Arlene Miles, Patsy purposes. “I don’t remember my mom (the Birdinground, Peggy Feather, and Julia late-Sara Bernal) ever saying he ran for Nasewytewa council. He was real quiet.” The formal surrender ceremony by the Cook chuckled when he remembered Japanese aboard the USS Missouri marked patches of snow in the movie. the end of World War II. In life, Schwartz served as a US Navy Movie critics say Curtis’ portrayal of signalman aboard the submarine USS Pro- Cpl. Hayes in The Outsider was one of Curteus during World War II. Proteus was in tis’ few dramatic roles and that Curtis Tokyo Bay in 1945. should have won an Oscar for his stellar The battleship USS Missouri sup- performance. ported the Iwo Jima invasion. News accounts say Curtis was laid to It is reported that Schwartz witnessed rest on Oct. 4 with several of his favorite the formal surrender of Japan on Septem- possessions–a Stetson hat, an Armani scarf, ber 2, 1945, through a pair of binoculars. driving gloves, and an iPhone. October 2010 Fall Activities at Ira H. Hayes Library Photo Courtesy of Jolene Holgate/ Ira H. Hayes Library Grant and Tristan Paul created ‘Rocket Robot Pumpkin’ as a part of the Ira H. Hayes Memorial Library Fall Fun Activity Days. The activity days are part of the library’s fall programming that will go until Christmas. Echo Hawk Announces Tribal Consultation on Tribal Law and Order Act Photo Courtesy of The Cook Family Tony Curtis poses with Kenneth G. Hayes, the sole survivor of the late-Jobe and Nancy Hayes, and brother of Ira H. Hayes. The Cooks say Kenny Hayes is often overshadowed by his brother’s fame but that Kenny served in the US Army and is a medal recipient for his bravery in the Korean War Conflict (1950-1953). WASHINGTON, D.C. – Assistant Secretary-Indian Affairs Larry Echo Hawk today announced that the Bureau of Indian Affairs (BIA) Office of Justice Services (OJS) will conduct tribal consultation with the federally recognized tribes throughout the month of October, 2010. A letter announcing the meetings was sent to tribal leaders on September 17, 2010. “The input from tribal leaders is crucial to ensuring safety in Indian Country,” Echo Hawk said. “It is among my top priorities to move forward to develop the most effective policies and procedures in law enforcement so that the American Indian and Alaska Native people can benefit from this landmark legislation.” The President signed the Tribal Law and Order Act of 2010 (“TLOA”) into law on July 29, 2010. Among other provisions, TLOA provides Tribes with the opportunity to exercise enhanced sentencing authority, requires BIA - OJS to collect and report additional data to Congress regarding public safety in Indian country, and directs BIA to establish certain policies, procedures and guidelines in consultation with tribes. The BIA is committed to ongoing and meaningful consultation with tribal nations to implement TLOA and ensure utilization of effective public safety strategies. Flu Season Begins Again in Arizona Maricopa County Confirms its First Case of the Season Submitted by Maricopa County, Dept. of Public Health PHOENIX – The Arizona Department of Health Services and the Maricopa County Department of Public Health confirmed on Mon, Oct. 4, the first flu case of the season; an unvaccinated woman in her early 30’s who recovered at home. “And it starts again,” said Dr. Bob England, director of Maricopa County Department of Public Health. “The good news is that this woman did not have H1N1; the bad news is that this woman did not have H1N1. We just don’t know which strain of the flu will dominate our flu season this year which is why I can’t stress enough for everyone to get their flu vaccine.” This year, for the first time, the Centers for Disease Control and Prevention (CDC) recommends that everyone 6 months and older get the flu vaccine. As always, this year’s flu vaccine protects against three different flu viruses; an H3N2 virus, an influenza B virus and the H1N1 virus that caused so much illness last season. Last year Arizona had 13,032 flu cases and at least 122 deaths, almost all due to the H1N1 pandemic strain. “No one should have to get sick with influenza this year. There is plenty of vaccine across the state and finding a shot is almost as easy as going to the ATM,” said Will Humble, director of the Arizona Department of Health Services. “If your doctor doesn’t have any, there are clinics and mini-clinics. Plus if you don’t like shots, you can get the nasal spray!” Preparation includes getting the flu vaccine and being vigilant in good hygiene — covering our cough in our sleeves, washing our hands frequently and staying home when we are sick. For more information about the flu in Arizona or where to get flu vaccine, please visit StopTheSpreadAz.org. For more information, please contact: Jeanene Fowler, Maricopa County Public Health: 602-506-4926 Laura Oxley, Arizona Department of Health Services: 602-542-1094 October 2010 Gila River Indian News Court Removes Protections From Desert Bald Eagle Submitted by Dr. Robin Silver, Center for Biological Diversity, PHOENIX, Ariz.— On Fri, Oct. 1, a federal judge granted a request by the U.S. Fish and Wildlife Service to remove the desert nesting bald eagle from the endangered species list unless and until the Center for Biological Diversity successfully challenges the agency’s February 2010 decision taking the species off the list. On July 9, 2007, the Bush administration overruled Fish and Wildlife Service biologists, ordering the agency to remove the desert nesting bald eagle from the endangered species list. It had been on the list since the 1970s. The Center filed suit and on March 6, 2008, U.S. District Judge Mary H. Murguia struck down the delisting decision and ordered the agency to return the bald eagle to the endangered species list. On Feb. 24, 2010, the Obama administration issued a new decision also removing protections from the eagle. This new decision uses the same flawed logic as the 2007 Bush-era decision and also involved agency bureaucrats overruling agency scientists. The Center had asked the judge to keep the species on the list until the new decision was legally challenged and resolved. The judge denied that re- quest, telling the Center it first needed to file suit and prove the new decision is illegal. “The Obama administration’s decision earlier this year was just as politically tainted as the Bush decision in 2007,” said Dr. Robin Silver of the Center. “We look forward to proving that in court in a suit we plan to file shortly.” For more than three decades, every recognized bald eagle expert has acknowledged the fact that the desert nesting bald eagle is unique and important to the species as a whole. But on July 18, 2006, Fish and Wildlife Service career administrators gave their staff “marching orders” to abruptly reverse their opinion and “to find an analysis that works.” On March 5, 2008, Judge Murguia called the agency actions “arbitrary and capricious.” She ordered the agency to issue a new evaluation, and issued an injunction against lifting protection for the eagle in the interim. On Dec. 9, 2009, after agency bald eagle experts again reinforced their opinion that the desert nesting bald eagle is unique and important to the species as a whole, career adminis- trators again ordered the eagle experts to reverse their position, saying, “My staff will work with you on development of the revised version of the finding.” The biggest threats to the eagle are increasing habitat destruction and human harassment — and the judge’s protective order had been the only law protecting eagle habitat. Today’s order also removes the requirement for mandatory mitigation funding of the NestWatch program. NestWatch provides on-site protection for the most threatened eagle nests beginning in the middle of December of each year. Between 1983 and 2005, NestWatch rescued 9.4 percent of all young eagles fledged in Arizona, including up to 50 percent of a given year’s reproduction. Until this ruling, agencies such as the Salt River Project, U.S. Forest Service, Bureau of Reclamation and Department of Defense had been required to contribute yearly money to the NestWatch program to make up for destruction of habitat and harm to eagles. Page 17 Lawsuit Seeks to Restore Protection for Desert Nesting Bald Eagle Submitted by Dr. Robin Silver, Center for Biological Diversity, PHOENIX— The Center for Biological Diversity and Maricopa Audubon Society filed a lawsuit on Tues, Oct. 5, 2010, to reinstate Endangered Species Act protection for desert nesting bald eagles. The suit seeks to return protections removed last week by U.S. District Court Judge Mary H. Murguia. “With only about 50 breeding pairs left, and facing increasing habitat threats this bird desperately needs federal protection in order to survive,” said Dr. Robin Silver of the Center. Murguia on Fri, Oct. 1, granted a request by the U.S. Fish and Wildlife Service to remove the desert nesting bald eagle from the endangered species list but did not examine the agency decision itself. The Maricopa Audubon Society’s lawsuit challenges the basis of the agency’s February 2010 decision to remove protections from the eagle. For more than three decades, every recognized bald eagle expert has acknowledged the fact that the desert nesting bald eagle is unique and important to the bald eagle species as a whole. But on July 18, 2006, Fish and Wildlife Service career administrators gave their staff “marching orders” to abruptly reverse their opinion and “to find an analysis that works.” That decision was finalized July 9, 2007. On March 5, 2008, Judge Murguia called the agency actions “arbitrary and capricious.” She ordered the agency to issue a new evaluation and issued an injunction against lifting protection for the eagle in the interim. On Dec. 9, 2009, after agency bald eagle experts again reinforced their opinion that the desert nesting bald eagle is unique and important to the species as a whole, career administrators again ordered the eagle experts to reverse their position, saying, “My staff will work with you on development of the revised version of the finding.” “Hopefully today’s suit will put science, not politics, front and center in determining the fate of this eagle,” Silver said. The biggest threats to the eagle are increasing habitat destruction and human harassment. The Endangered Species Act is the only law protecting eagle habitat. Without Endangered Species Act protection, eagle habitat-destroying grazing and ORV abuse can resume, and the mandatory requirement for agency funding of the NestWatch program will no longer be necessary. NestWatch provides onsite protection for the most threatened eagle nests and has rescued 9.4 percent of all young eagles fledged in Arizona between 1983 and 2005, including up to 50 percent of a given year’s reproduction. Contact: Dr. Robin Silver, Center for Biological Diversity, (602) 799-3275 Page 18 Gila River Indian News October 2010 Echo Hawk Announces 2nd Year Indian Education Renewable Energy Challenge for BIE High School and Tribal College Students BIE-IEED-ANL sponsored competition to promote careers in the green and renewable energy professions WASHINGTON – Assistant Secretary-Indian Affairs Larry Echo Hawk announced the second competition for students attending high schools and tribal colleges funded by the Bureau of Indian Education (BIE) that will promote careers in the fields of green and renewable energy. This year’s competition will be looking for designs of a conversion process that will change biomass into diesel fuel. The Indian Education Renewable Energy Challenge is being sponsored by the BIE in partnership with the Indian Affairs Office of Indian Energy and Economic Development (IEED) and the U.S. Department of Energy’s Argonne National Laboratory (ANL). “I am pleased to see this partnership provide such wonderful opportunity for students to design an innovative process that will convert biomass into diesel fuel,” Echo Hawk said. “Our BIE students are incredibly talented, and this is an opportunity to take on a real world challenge to demonstrate a renewable energy and technology process that tribes can use to promote economic self-sufficiency in Indian Country.” The challenge is designed as a two-part competition. During Phase I, each school and college will establish a team of students to process designs for converting biomass to diesel fuel using any raw biomass material they wish, and must indicate how their process design ensures safety in view of the flammable product and the properties of any chemicals that may be used in the production. Five high school and five college design teams with the best submissions will receive $3,500 apiece to construct prototypes of their inventions. In Phase II, the teams will be provided with a diesel-powered generator so that each team can conduct performance data collections to submit, along with detailed reports and videos of their prototypes in operation, to ANL for evaluation by a team of judges. There are eight requirements to be met for Phase II of the challenge in order for the judges to view the final submissions: 1) A narrated video showing the process by which bio-diesel fuel has been made from biomass material. 2) A narrated video showing the generator in operation fueled by the bio-diesel and powering some appliance. 3) A 100 milliliter sample of the produced bio-diesel fuel, to be shipped in a container provided by Argonne National Laboratory. 4) Chemical equations showing the reactions used to convert the biomass material to biodiesel fuel. Include a per cent yield calculation for your process. 5) A flow chart for your process. 6) A specification sheet for the biodiesel showing generator fuel consumption versus output power. 7) A written discussion of the safety issues associated with your process and with generator usage and the specific procedures that have been followed to ensure safe operation. 8) PowerPoint slides that will comprise a poster that will be displayed in Washington, D.C., in the event that your team wins the competition. One top project will be selected from the high school teams and one from the college teams. The two winning teams will see their projects prominently displayed in Washington, D.C., where they also will have the opportunity to meet with senior Interior Department officials and attend a reception to be held in their honor. Design proposals for the Indian Education Renewable Energy Challenge must be submitted to the ANL by November 30, 2010. The 10 teams whose projects have been selected will be notified by December 15, 2010. The submission deadline for final projects is May 1, 2011. Winners will be announced shortly after the final submissions. For further information and application forms visit the Argonne National Laboratory’s website at http://www.dep.anl.gov/indianed_energychallenge/. Agriculture Secretary Vilsack Announces Settlement Agreement with Native American Farmers Who Claim to Have Faced Discrimination by USDA Settlement Addresses Discrimination Claims Made Over Farm Loan Programs WASHINGTON, Oct. 19, 2010 – Agriculture Secretary Tom Vilsack and Attorney General Eric Holder today announced the settlement of a class action lawsuit filed against USDA by Native American farmers alleging discrimination by USDA. The settlement ends litigation concerning discrimination complaints from Native Americans generally covering the period 1981-1999. “Today’s settlement can never undo wrongs that Native Americans may have experienced in past decades, but combined with the actions we at USDA are taking to address such wrongs, the settlement will provide some measure of relief to those alleging discrimination,” Vilsack said. “The Obama Administration is committed to closing the chapter on an unfortunate civil rights history at USDA and working to ensure our customers and employees are treated justly and equally.” “The settlement announced today will allow USDA and the Native American farmers involved in the lawsuit to move forward and focus on the future,” said Attorney General Holder. “Under the process established in this agreement, Native American farmers who believe they suffered discrimination will have their claims heard. The Department of Justice is proud to partner with USDA in the agency’s effort to ensure fair and equitable treatment of its clients.” Under the settlement agreement announced today, $680 million will be made available to eligible class members to compensate them for their discrimination claims. Two payment “tracks” are available. Under the first track, persons who meet the class definition and provide substantial evidence of discrimination to an impartial adjudicator will receive a uniform settlement of up to $50,000. The second track is for those persons who meet the class definition and believe they have stronger evidence of economic losses caused by discrimination. This track requires a higher evidentiary standard and damage awards are capped at a maximum of up to $250,000 per individual. Actual monetary awards are subject to reduction based on the amount of available funding and the number of meritorious claims. The Judgment Fund maintained by the U.S. Departments of Justice and Treasury will fund any monetary awards provided under the settlement. USDA will provide up to $20 million to administer the settlement. In addition to the monetary award, the agreement provides up to $80 million in debt forgiveness to successful claimants with outstanding USDA Farm Loan program debt. Also, a moratorium on foreclosures of most claimants’ farms and a moratorium on accelerations and administrative offsets of class members’ farm loan accounts will be put into place until after claimants have gone through the claims process or the Secretary of Agriculture has been notified that a claim has been denied. The settlement also provides a broad range of programmatic relief for Native American farmers, including creation of a new Federal Advisory Council for Native American farmers and ranchers that will include Native American representation from around the country as well as senior USDA officials. Meanwhile, a new Ombudsman position will be created to address farm program issues relating to Native American farmers and ranchers as well as all other socially disadvantaged farmers and ranchers. The Department will also offer Native American farmers enhanced technical assistance services through the establishment of a network that provides intensive instruction to recipients concerning financial, business and market planning skills and supports the deployment of tribal agriculture advocates and third party outreach and education providers. This lawsuit, Marilyn Keepseagle et al., v. Vilsack (Civil Action No. 99-3119 (D.D.C.)), was filed on November 24th, 1999. The settlement will not become final until it is formally approved by the U.S. Dis- trict Court for the District of Columbia. Under Secretary Vilsack’s leadership, USDA is working to address past civil rights complaints and today’s announcement is a major step in that effort. The Secretary and his leadership team are committed to addressing allegations of discrimination, and shortly after he took office he sent a memo to all USDA employees calling for “a new era of civil rights” for the Department. In February 2010, Secretary Vilsack an- nounced the Pigford II settlement with black farmers; the Keepseagle settlement continues as part of that new era. Meanwhile, Secretary Vilsack continues to pursue the resolution of all claims of past discrimination against USDA, including claims from women and Hispanic farmers. Additional information on the efforts undertaken by the Secretary and USDA management is available at: http://www.ascr.usda.gov/. October 2010 Gila River Indian News Page 19 Upcoming Events 34th Annual Pueblo Grande Museum Indian Market, Sat and Sun, Dec. 11 & 12, 2010 Phoenix, AZ-The 34th Annual Pueblo Grande Museum Indian Market, named one of the “top 10 Indian Markets in the country” returns to its original site, the Pueblo Grande Museum and Archaeological Park on Saturday and Sunday, December 11 and 12, 2010. More than 200 artists participate in this major cultural event. Tribally enrolled artists are encouraged to visit the website www.pgindianmarket.com for an application and corresponding regulations and guidelines. To be eligible for a discount on booth rental fee, applications must be postmarked no later than September 30, 2010. The only five-time World Champion Hoop Dancer, Derrick Suwaima Davis (Hopi/Choctaw), will perform each day. The daily entertainment schedule of traditional and contemporary musicians, singers and dancers features violinist Arvel Bird (Paiute) who studied classical music at ASU. The museum offers an award-winning video presentation on the Hohokam early civilization, plus fully accessible trail leading to an ancient platform mound and ballcourt. The public is encouraged to use the metro light rail which stops within easy walking distance of the event site. Admission fee is $5 per person and children under 12 are free. Admission fee includes free admission to the museum during the annual Indian Market weekend. Pueblo Grande Museum address is 4619 E. Washington Street, Phoenix, AZ 85034. The event takes place rain or shine. For more information, call 602495-0901. CONTACT: Isaac Curley, Market Director September 22, 2010 Pueblo Grande Museum 602-495-0901 7th Annual National “Fatherhood is Leadership Conference” The 7th Annual National Fatherhood is Leadership conference will be held November 3—5th, 2010 at the Phoenix Marriot Mesa Hotel by the nationally recognized Native American Fatherhood and Families Association (NAFFA). The conference will cover principals of fatherhood and their roles in strengthening themselves, their family and cultural values. Credible studies have showcased the NAFFA owned Fatherhood is Sacred program as the number one Native American Fatherhood program in the country. The three day conference will provide unique workshops and a look into the Native American family structure. NAFFA welcomes anyone interested in learning of Native American fatherhood roles when it comes to Education, Criminal Justice and Health and Human Services to register. For registration cost and conference information please contact the Native American Fatherhood and Families Association at [email protected], call 480-833-5007 and visit their website at www.nativeamericanfathers.org. Who: Native American Fatherhood and Families Association What: Annual “Fatherhood is Leadership Conference” Where: Phoenix Marriot Mesa Hotel When: November 3—5th, 2010 Why: Strengthening Native American Families Contact Information: Kumen Louis, Public Relations Officer Native American Fatherhood & Families Association 123 N Centennial Way, Ste 116 Mesa AZ 85201 Office: 480-833-5007 CORRECTION It has been brought to the attention of Gila River Indian News that there was a name error on page 20 of the August 2010 issue. We identified Miss Sherman on the right-hand side of the picture as Latanya Nelson. The correct name is Toshina Shawray John. She is Miss Sherman 2010-11. Toshina is member of the Yakama, Nez Perce & Navajo Tribes. Toshina is in her Senior year at Sherman and will be graduating in May 2011. We extend our apologies to Ivan ʻRockyʼ Whitman and Toshina Shawray John for the incorrect identification. Page 20 Gila River Indian News Community Council action sheets for GRIC council meetings held on Wed, Sept. 1 & Wed, Sept. 15, 2010. AC- TION SHEET Community Council; PO Box 2138; Sacaton AZ 85147; Phone (520) 562-9720; Fax: (520) 562-9729 CALL TO ORDER The First Regular Monthly Meeting of the Community Council held Wednesday, September 1, 2010, 9am, Community Council Chambers, Governance Center, Sacaton, Arizona was called to order by presiding Chairman Governor William R. Rhodes at 9:02 a.m. INVOCATION Floyd Johnson, Community Member ROLL CALL EXECUTIVE MEMBERS PRESENT Governor William R. Rhodes COUNCIL MEMBERS PRESENT D1—Augustine Enas, Arzie Hogg; D2—Jewel Whitman; D3—Myron G. Schurz, Rodney Jackson’ D4—-Christopher Mendoza, Barney Enos, Jr. (9:04), John Antone, Rebecca Rowe; D5—Delane Enos, Franklin Pablo, Sr., Brian Davis, Sr.; D6—Anthony Villareal, Sr., Albert Pablo, Terrance B. Evans (9:07) EXECUTIVE OFFICERS ABSENT Lt. Governor Joseph Manuel COUNCIL MEMBERS ABSENT D7-Vacant APPROVAL OF AGENDA APPROVED AS AMENDED SWEARING-IN CEREMONY FOR NEWLY ELECTED COUNCIL MEMBER D7-Martha Miller sworn into office 15-minute reception followed; reconvened @ 9:20 EXECUTIVE MEMBERS PRESENT Governor William R. Rhodes; Lt. Governor Joseph Manuel COUNCIL MEMBERS PRESENT D1—Augustine Enas, Arzie Hogg; D2—Jewel Whitman; D3—Myron G. Schurz, Rodney Jackson’ D4—-Christopher Mendoza, Barney Enos, Jr., John Antone, Rebecca Rowe; D5—Delane Enos, Franklin Pablo, Sr., Brian Davis, Sr.; D6— Anthony Villareal, Sr., Albert Pablo, Terrance B. Evans; D7—Martha Miller REPORTS 1. Casa Blanca Community School 3rd Quarterly Progress Report Presenter: Patty K. Cook REPORT HEARD 2. Ira H. Hayes High School 3rd Quarterly Progress Report Presenter: Presenter: Jeff Thornburg REPORT TABLED 3. Department of Transportation Report FY10 Presenter: Douglas Torres REPORT HEARD 4. Grand Opening of the District One Multipurpose Building Presenter: J. Andrew Darling REPORT HEARD 5. 2010 Annual Report – NIDDK National Institute of Diabetes, Digestive and Kidney Presenter: Clifton Bogardus REPORT HEARD 6. Gila River Gaming Enterprises, Inc. Monthly Report (Executive Session) Presenter: Harold Baugus & Board of Directors MOTION WAS MADE AND SECOND TO ENTER EXECUTIVE SESSION REPORT HEARD IN EXECUTIVE SESSION [Lunch break] 7. Gila River Gaming Commission General Report – July 2010 (Executive Session) Presenter: Courtney Moyah / Scott Sanderson REPORT HEARD IN EXECUTIVE SESSION 8. FY 2010 July 31, 2010 Month End Financial Reports (Executive Session) Presenter: Arthur Felder / Lupita Martinez / James Jenkins REPORT HEARD IN EXECUTIVE SESSION MOTION WAS MADE AND SECOND TO EXIT EXECUTIVE SESSION RESOLUTIONS 1. A Resolution Eliminating the Gila River Education Affordability Program and Rescinding Resolutions GR-47-98 and GR59-05 (ESC forwards to Council with recommendation for approval; G&MSC concurs) Presenter: Executive Team APPROVED 2. A Resolution Approving Supplemental Agreement No. 19 to Lease No. B-GR-61 between the Gila River Indian Community, as Lessor, and Lone Butte Industrial Development Corporation, as Lessee (EDSC motioned to forward resolution to Council with recommendation of approval) Presenter: Esther Manuel & Christina Waquie TABLED; NO MATERIAL 3. A Resolution Authorizing the Gila River Department of Environmental Quality to Submit a Grant Application for the U.S. Fish and Wildlife Service FY2011 Tribal Wildlife Grants (TWG) Program on Behalf of the Gila River Indian Community (NRSC forward to Council with recommendation for approval; G&MSC concurs) Presenter: Margaret Cook APPROVED 4. A Resolution Authorizing and Approving the Assignment of a Parcel of Community Land Located in District Six of the Gila River Indian Reservation to the Gila River Fire Department for Use as a Fire Station as Shown in Drawing #306080358A (NRSC forward to Council with recommendation for approval) Presenter: Dante Nash APPROVED 5. A Resolution Authorizing the Gila River Indian Community to Apply for a Multi-Year Grant for FY2011-2015 from the Inter Tribal Council of Arizona, Inc., Area Agency on Aging (HSSC motioned to forward to G&M with recommendation of approval and to Community Council; G&MSC concurs) Presenter: Stephanie Goulette APPROVED 6. A Resolution Authorizing the Gila River Indian Community Children’s Court to Accept the 2010 National CASA New Development Grant Award and Authorizing a Community Court Appointed Special Advocate Program (HSSC motioned to forward to Council with recommendation of approval; LSC concurs) Presenter: Jan Morris & Kami Hart APPROVED 7. A Resolution Approving an Agreement with the City Of Chandler and the Gila River Indian Community and Gila River Health Care for Waste Water Treatment Regarding the Southeast Ambulatory Care Center (HSSC motioned to forward to Council for approval) Presenter: Linus Everling APPROVED 8. A Resolution Approving the Gila River Gaming Enterprises, Inc. Operating Budget and Capital Projects Budget For Fiscal Year 2011 (G&MSC forwards to Council with recommendation for approval) Presenter: Harold Baugus & Board of Directors APPROVED 9. A Resolution Approving the Gila River Indian Community’s 2010 – 2011 Tribal Membership in the National Congress of American Indians (G&MSC forwards to Council with recommendation for approval) Presenter: Linda Andrews Delegates designated: Martha Miller, Christopher Mendoza, Myron G. Schurz, and Terrance B. Evans APPROVED 10. A Resolution Approving the Petition for the Enrollment of Tomas Albert Joseph into the Gila River Indian Community (LSC forwards to Council with recommendation for approval) CCSO Action Sheets continued on page 21 Public Notice October 2010 October 2010 Gila River Indian News President signs Indian Veterans Housing Opportunity Act into Law Statement by the Press Secretary On Tuesday, October 12, 2010, the President signed into law: H.R. 2923, the “Combat Methamphetamine Enhancement Act of 2010,” which requires retail sellers of products containing pseudoephedrine, ephedrine, and phenylpropanolamine that are precursors for methamphetamine to submit to the Department of Justice a self-certification that includes a statement that the seller understands and agrees to comply with the legal requirements with respect to these products; H.R. 3553, the “Indian Veterans Housing Opportunity Act of 2010,” which makes changes to certain Native American housing assistance programs by disregarding as income benefits received for disabilities resulting from military service; H.R. 3689, which extends the authority of the Vietnam Veterans Memorial Fund, Inc., to construct a visitor center at or near the Vietnam Veterans Memorial on Federal land in the District of Columbia; H.R. 3980, the “Redundancy Elimination and Enhanced Performance for Preparedness Grants Act,” which requires the Federal Emergency Management Agency (FEMA) to submit reports to Congress on: (1) plans to eliminate redundant reporting requirements imposed by FEMA on State, local, and tribal governments in connection with the awarding of homeland security preparedness grants; and (2) efforts to measure and assess the performance of the programs funded by the grants; S. 1132, the “Law Enforcement Officers Safety Act Improvements Act of 2010,” which (1) specifies that current and former law enforcement and police officers of the executive branch of the Federal Government and current and former law enforcement officers of the Amtrak Police Department and the Federal Reserve may generally be exempted from State laws prohibiting the carrying of concealed weapons; and (2) makes various other amendments to the requirements for exemption of current and former law enforcement officers from such State laws; and S. 3397, the “Secure and Responsible Drug Disposal Act of 2010,” which Provides authority for ultimate users who have lawfully obtained controlled substances to deliver those substances for disposal to entities, including long-term care facilities, authorized to engage in drug disposal in accordance with regulations issued by the Department of Justice to prevent diversion of the controlled substances. Page 21 CCSO Action Sheets continued from page 20 Presenter: Francisco Osife TABLED; NO MATERIAL 11. A Resolution Approving the Relinquishment of Kelly Ann Buckley from the Gila River Indian Community Membership Roll (LSC forwards to Council with recommendation for approval) Presenter: Francisco Osife TABLED; NO MATERIAL ORDINANCES UNFINISHED BUSINESS 1. RTC Update – Action (HSSC motioned to forward to Council with the five (5) recommendations listed for approval) Presenter: Linus Everling APPROVED NEW BUSINESS 1. Vechij Himdag MaschchamakuD Alternative Inc. SY2010/2011 Written Plan (ESC forwards to Council with recommendation for approval) Presenter: Kim Franklin APPROVED 2. Special Report of Audit – Gila River Indian Community Utility Authority (Executive Session) (G&MSC motions to forward this report to regular Council meeting of September 01, 2010, under New Business, and to recommend to Council to accept the audit report and to forward It to the Bureau of Investigation for review of possible criminal prosecution; and to direct the Law office to institute exclusion of Christina Levenson from the Community; EDSC Concurs) Presenter: Robert Keller / Penni McCabe MOTION WAS MADE AND SECOND TO ENTER EXECUTIVE SESSION REPORT HEARD IN EXECUTIVE SESSION MOTION WAS MADE AND SECOND TO EXIT EXECUTIVE SESSION MOTION TO ACCEPT REPORT; FORWARD TO FBI; & EXCLUDE CHRISTINE LEVINSON MOTION TO REMOVE GRICUA BOARD MOTION TO PLACE GRICUA UNDER BUSINESS OWNERS TEAM 3. Revenue/Internal Audit Department 3rd Quarter Report – FY 2010 (Executive Session) (G&MSC Forwards to Council in Executive Session under New Business) Presenter: Robert Keller / Penni McCabe MOTION WAS MADE AND SECOND TO ENTER EXECUTIVE SESSION REPORT HEARD IN EXECUTIVE SESSION MOTION WAS MADE AND SECOND TO EXIT EXECUTIVE SESSION 4. Review of Gila River Farms Board Applicants (G&MSC Forwards to Council the (5) applicants for consideration of appointment) Presenter: Robert Stone APPLICANTS APPROVED BY ACCLAMATION 5. Tribal Law and Order Act of 2010 (G&MSC forwards to Council under New Business with recommendation for the assignment Ms. Patterson and Ms. Hall as project leads) Presenter: Rebecca Hall / Kiyoko Patterson KIYOKO PATTERSON & REBECCA HALL ASSIGNED 6. Schedule Work Session with Department of Environmental Quality Presenter: Community Council MEETING SCHEDULED FOR SEPTEMBER 22 7. Appointment of Interim General Counsel Presenter: Community Council LINUS EVERLING APPOINTED MINUTES *1. April 21, 2010 APPROVED *2. July 21, 2010 TABLED ANNOUNCEMENTS ADJOURNMENT MOTION WAS MADE AND SECOND TO ADJOURN Meeting adjourned at 5:35 P.M. * Denotes TABLED from previous meeting(s) ~~~~~~J~~~~~ ACTION SHEET COMMUNITY COUNCIL; PO BOX 2138; SACATON AZ 85147; Phone: (520) 562-9720; Fax: (520) 562-9729 CALL TO ORDER The Second Regular Monthly Meeting of the Community Council held Wednesday, September 15, 2010, 9am, Community Council Chambers, Governance Center, Sacaton, Arizona was called to order by presiding Chairman Governor William R. Rhodes at 9:00 a.m. INVOCATION Councilwoman Rebecca Rowe ROLL CALL EXECUTIVE OFFICERS PRESENT Governor William R. Rhodes; Lt. Governor Joseph Manuel COUNCIL MEMBERS PRESENT D1—Augustine Enas, Arzie Hogg; D2—Jewel Whitman; D3—Myron G. Schurz, Rodney Jackson; D4—Christopher Mendoza, John Antone, Rebecca Rowe; D5—Delane Enos, Franklin Pablo, Sr., Brenda Robertson, Brian Davis, Sr.; D6—Anthony Villareal, Sr., Terrance B. Evans; D7—Martha Miller COUNCIL MEMBERS ABSENT D4—Barney Enos, Jr. (Travel); D6—Albert Pablo (Travel) APPROVAL OF AGENDA APPROVED AS AMENDED PRESENTATIONS 1. Farewell Address by Daryl Lynn Jay, Miss Indian Arizona 2009-2010 (15-Minute reception to follow in Council Chambers lobby) INTRODUCTIONS 1. Casa Blanca Community School—Eric James, Assistant Principal Presenter: Darren C. Pedro TABLED AT APPROVAL OF AGENDA 2. BIA Staff Members Presenter: Superintendent Cecelia Martinez REPORTS 8. Litigation Update (Executive Session) Presenter: Thomas Murphy MOVED TO #1 AT APPROVAL OFAGENDA; MOTION MADE AND SECOND TO ENTER EXECUTIVE SESSION REPORT HEARD IN EXECUTIVE SESSION MOTION MADE AND SECOND TO EXIT EXECUTIVE SESSION *1. Ira H. Hayes High School 3rd Quarterly Progress Report Presenter: Jeff Thornburg REPORT HEARD 2. Bi-Annual Report of the Caring House Presenter: Bonnie Lyons & Mark Klein REPORT HEARD 3. Community Wildlife and Managing Today for Wildlife Tomorrow (PowerPoint Presentation) Presenter: Margaret Cook REPORT HEARD/POWERPOINT NOT USED 4. Pecos Road Landowners “City Concept” and Loop 202 Santan Freeway Alignment Option Presenter: Nathaniel Percharo CCSO Action Sheets continued on page 22 Page 22 CCSO Action Sheets from page 21 TABLED AT APPROVAL OF AGENDA Lunch break until 1:30 Reconvene: 1:30 5. Gila Crossing Community School Elementary & Middle School 3rd Quarter Progress Reports Presenter: Ronald Stiffarm / Joe Frazier REPORT HEARD 6. Gila Crossing Community School Elementary & Middle School Annual Reports 2009/2010 Presenter: Ronald Stiffarm / Joe Frazier REPORT HEARD 7. Gila Crossing Community School Feasibility Study Presenter: Ronald Stiffarm / Joe Frazier REPORT HEARD 9. Progress Report for the Gila River Water Storage, LLC (Executive Session) Presenter: Michelle Bowman MOTION MADE AND SECOND TO ENTER EXECUTIVE SESSION REPORT HEARD IN EXECUTIVE SESSION MOTION MADE AND SECOND TO EXIT EXECUTIVE SESSION 10. Akin Gump Strauss Hauer & Feld LLP – Status Update on All Pending Matters – FY 2010 Contract (Executive Session) Presenter: Don Pongrace & Rod Lewis REPORT TABLED AT APPROVAL OF AGENDA RESOLUTIONS *1. A Resolution Approving Supplemental Agreement No. 19 to Lease No. B-GR61 between the Gila River Indian Community, as Lessor, and Lone Butte Industrial Development Corporation, as Lessee (EDSC motioned to forward resolution to Council with recommendation of approval) Presenter: Esther Manuel & Christina Waquie APPROVED *2. A Resolution Approving the Petition for the Enrollment of Tomas Albert Joseph into the Gila River Indian Community (LSC forwards to Council with recommendation for approval) Presenter: Francisco Osife APPROVED *3. A Resolution Approving the Relinquishment of Kelly Ann Buckley from the Gila River Indian Community Membership Roll (LSC forwards to Council with recommendation for approval) Presenter: Francisco Osife APPROVED Press Releases From the US Attorney’s Office, District of Arizona U.S. ATTORNEY’S OFFICE NOMINATES SIX INDIAN COUNTRY LAW ENFORCEMENT OFFICERS FOR OUTSTANDING SERVICE PHOENIX – The U.S. Attorney’s Office has nominated six officers from throughout Arizona for the Indian Country Police Officer of the Year Award that will be given by the International Association of Chiefs of Police in October. This award provides international recognition of Police Officers having demonstrated exceptional valor in service, thereby exhibiting the highest traditions of law enforcement. Nominees eligible for this award have distinguished him/herself through their heroic acts and/or outstanding courage while completing a task or assignment. They have also gone out of their way to encourage and demonstrate an effective use of the culture and traditions of indigenous people in crime prevention and community oriented projects. “We appreciate all of the hard work and commitment these officers have displayed throughout the past year,” said U.S. Attorney Dennis K. Burke. “ Their hard work has paved the way to many successful prosecutions in Indian Country and we will continue to work together in pursuit of public safety in the tribal nations of Arizona.” Nominations Special Agent Tracie Keegan of the Federal Bureau of Investigation has been nominated for her tireless efforts in investigating assaults, sex crimes and other crimes of violence to protect the Colorado River Indian Tribes, Fort Mojave and Hualapai Indian communities. She has recently distinguished herself while serving as the case agent in an assault case on the Colorado River Indian Tribes Indian Reservation, U.S. v. Calvin Evanston. Throughout the case, Keegan’s work ethic far exceeded what is expected of a federal agent and her efforts have been critical every step of the way. Detective Manuel Rodriguez of the Tohono O’odham Police Department has been nominated for his involvement in prosecuting an Aggravated Sexual Assault of a Minor case. Detective Rodriguez worked tirelessly to prepare the case for prosecution and he developed a relationship with the family, which was essential to a successful prosecution. Without Detective Rodriguez’s dedication, perseverance and professionalism the government would not have been able to convict the defendant. Sergeant Matthew Hall, supervisor of the Anti-Violent Gila River Indian News October 2010 4. A Resolution Approving the Gila River Gaming Enterprises, Inc. Operating Budget and Capital Projects Budget for Fiscal Year 2011 (G&MSC forwards to Council with recommendation for approval) Presenter: Harold Baugus & Board of Directors APPROVED 5. A Resolution Approving a Memorandum of Agreement between the Gila River Indian Community and R. Eugene and Delphia M. Anderson of Coolidge, Arizona, for the Replacement of Certain Irrigation Ditches within the Newly Acquired Right-of-way along the Pima Lateral Canal East of the City of Coolidge (NRSC forwards to Council with recommendation for approval; G&MSC concurs) Presenter: David DeJong APPROVED 6. A Resolution Approving The Gila River Indian Community Internal Audit Department’s Annual Audit Plan For Fiscal Year 2011 (G&MSC Forwards to Council with recommendation for approval; to include Finance as a priority and discussion in Executive Session with Council members, Mr. Bob Keller, Governor, Lt. Governor) Presenter: Robert Keller APPROVED 7. A Resolution Authorizing the Finance Department of the Gila River Indian Community to Write Off Outstanding Accounts in Fiscal Year 2010 for Individuals Who are Deceased (G&MSC Forwards to Council with recommendation for approval) Presenter: Arthur Felder / Lupita Martinez / James Jenkins APPROVED ORDINANCES UNFINISHED BUSINESS 1. Department of Community Housing Monthly Report – August 2010 (G&MSC Forward to Council under Unfinished Business) Presenter: Nellie Gilmore REPORT ACCEPTED NEW BUSINESS 1. Ira H. Hayes High School 2010/2011 Written Plan (ESC forwards under Council with recommendation for approval) Presenter: Jeff Thornburg APPROVED 2. Gila Crossing Community School 2010/2011 Written Plan (ESC forwards under Council with recommendation for approval) Presenter: Ronald Stiffarm / Joe Frazier APPROVED 3. Request to Declare Vacancy – Gila River Gaming Enterprises Board of Directors (G&MSC forwards to Council with recommendation to approve declaration of vacancy; to have resumes and letters of interest to be submitted by October 14, 2010 by noon and appointment to be made at the regular Council meeting of Oc- tober 20, 2010) Presenter: Kenneth Manuel VACANCY DECLARED; APPOINTMENT ON OCT 20, 2010 4. Request to Attend the 67th Annual NCAI Conference (G&MSC forwards to Council with recommendation to open to Council with a deadline date of October 1, 2010 to submit request to attend) Presenter: Brenda Robertson OPENED TO ALL COUNCIL; OCT 1 DEADLINE MINUTES *1. July 21, 2010 APPROVED 2. February 2, 2010 APPROVED 3. August 4, 2010 APPROVED 4. August 24, 2010 APPROVED 5. February 5, 2009 APPROVED ANNOUNCEMENTS > 4 Tribes Meeting at Salt River 9-1 > G&M holding a special meeting tomorrow on the Water budget; all Council welcome > Indian Day holiday on Friday > Meeting with the Renewable Areas Team at 1p > WHPDA Board meeting Monday; 7am. ADJOURNMENT MOTION MADE AND SECOND TO ADJOURN MEETING ADJOURNED AT 4:36 p.m. * Denotes TABLED from previous meeting(s) Unit of the Tohono O’odham Police Department has been nominated for his organized and coordinated investigation into a cocaine distribution ring in Sells, Ariz. Through an investigation lasting several months, Tohono O’odham police officers along with agents from the Bureau of Indian Affairs were able to identify 10 targets who were dealing cocaine to tribal members. Officers obtained and executed search warrants for seven residences and arrest warrants for 10 subjects. The subjects were indicted and are currently awaiting trial. Sergeant Hall’s efforts to coordinate operations with different agencies and to plan and prepare the searches and arrests in this matter were exceptional. Detective Wenona May of the Tohono O’odham Police Department has been nominated for her hard work and professionalism through multiple child sexual abuse cases. In each case she has gone above and beyond to develop crucial relationships with the victim’s families. Her grasp on the issues pertaining to each case has been superior. Special Agent John Anderson of the Federal Bureau of Investigation has been nominated for the Peace Officer of the Year Award because of his efforts to investigate violent crime and child molestation offenses on the Navajo Indian Reservation. His assigned communities have crime rates between 6 and 20 times higher than the national average. SA Anderson’s caseload has at times averaged 50 violent crime and child molestation cases. The number of violent criminals that he removes from those communities improves the quality of life. Special Agent Andrew Smith of the Federal Bureau of Investigation has been nominated for his efforts in American Indian law enforcement. SA Smith’s investigations relate to violent crimes — including homicide, aggravated assault and sexual abuse cases — that occur within the Gila River Indian Community. The positive relationship that SA Smith has forged with tribal law enforcement as well as tribal and federal prosecutors assists in the successful prosecutions of crimes that occur in Indian Country. He exemplifies the team working concept by his unselfish assistance to all of those he serves. los Fire Department arrived on scene and extinguished the fire. While the Pontiac and a portion of the residence were destroyed by the fire, no one was injured. A conviction for Arson carries a maximum penalty of life imprisonment, a $250,000 fine or both. In determining an actual sentence, Judge Frederick J. Martone will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence. Sentencing is set before Judge Martone on January 10, 2011. The investigation in this case was conducted by the Bureau of Indian Affairs, San Carlos Police Department and the Bureau of Alcohol, Tobacco and Firearms. The prosecution is being handled by Thomas C. Simon, Assistant U.S. Attorney, District of Arizona, Phoenix. SAN CARLOS MAN PLEADS GUILTY TO ARSON PHOENIX - Marty Charles Randall, 20, of San Carlos, Ariz., pleaded guilty to Arson, in federal district court in Phoenix. On October 30, 2009, Randall, a member of the San Carlos Apache Indian Tribe, while intoxicated, intentionally set fire to a Pontiac Grand Prix automobile and a residence located on the San Carlos Apache Indian Reservation. The residence was occupied by Randall’s father and sisters. A San Carlos Police Officer saw the resulting fire, responded to the residence and removed the occupants. The San Car- THREE LIFE SENTENCES FOR BRUTAL MURDER IN GILA RIVER INDIAN COMMUNITY Man sentenced for first degree murder and kidnapping PHOENIX – Eugene Joseph Escalanti, 34, of Tucson, Ariz., was found guilty by a federal jury on June 25, 2010 of First Degree Murder, Kidnapping and First Degree Murder/Felony Murder. He was sentenced on Monday by U.S. District Judge Susan R. Bolton to three concurrent life sentences in a federal prison. “This was a senseless and brutal act of violence,” said U.S. Attorney Dennis K. Burke. “Marshaling the evidence necessary to convict this defendant took an extraordinary amount of time, effort and old-fashioned police work on the part of law enforcement. I want to thank the Tucson Police Department, the Federal Bureau of Investigation and, particularly, the Gila River Police Department and its Detectives who worked tirelessly to bring this man to justice. ” The evidence at trial showed that on July 19, 2009, Escalanti, an enrolled member of the Quechan Indian Tribe, was negotiating the sale of a recreational vehicle with the victim when he began assaulting the victim with a pair of pruning shears. Escalanti then bound the victim’s hands together and directed a witness to drive them to a remote area of the Gila River Indian Community. Once on the reservation, Escalanti beat the victim with a wrench and slit his throat killing him. The investigation in this case was conducted by the Gila River Police Department, the Tucson Police Department and the Federal Bureau of Investigation. The prosecution was handled by Brian E. Kasprzyk and Thomas C. Simon, Assistant U.S. Attorneys, District of Arizona, Phoenix. October 2010 Gila River Indian News Page 23 Page 24 Gila River Indian News October 2010
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