SUMMARY REPORT Grand Portage Band of Lake Superior Chippewa MCT CONSTITUTIONAL CONVENTION MEETING #7 February 5-6, 2018 | Grand Portage, MN Facilitated by: The Native Nations Institute, University of Arizona Joan Timeche, Executive Director Danielle Hiraldo, Outreach Specialist/Senior Researcher Sponsored by the Minnesota Chippewa Tribe and Native Governance Center SUMMARY REPORT GRAND PORTAGE BAND OF LAKE SUPERIOR CHIPPEWA MCT CONSTITUTIONAL CONVENTION MEETING #7 Presented, Facilitated, & Reported by the Native Nations Institute University of Arizona Sponsored by the Minnesota Chippewa Tribe and Native Governance Center Grand Portage, Minnesota | February 5-6, 2018 The Minnesota Chippewa Tribe (MCT) hosted a series of community meetings beginning August 2017. This report is a summary of the seventh held in Grand Portage Band of Lake Superior Chippewa on February 5-6, 2018. The meetings were intended to provide the MCT members/citizens educational information on the existing MCT constitution and begin the process for its revision. Day 1 | Monday, February 5, 2018 Location: Grand Portage Lodge & Casino Day 1 started at 12:11 p.m. with a welcome from Grand Portage Chairman Norman Deschampe on behalf of the Grand Portage Council. Mr. Billy Blackwell offered the opening prayer. After the prayer, Chairman Deschampe explained that the participants would learn a lot and he clarified that the meeting is not a convention. He stated that it is an educational process. He was enthusiastic about gathering as much information as possible throughout the session. Wayne Ducheneaux II (Cheyenne River Sioux Tribe), Executive Director of the Native Governance Center (NGC), discussed its support of the educational sessions and partnership with the Native Nations Institute (NNI). NNI Executive Director, Joan Timeche (Hopi), and Danielle Hiraldo (Lumbee), NNI Outreach Specialist & Senior Researcher, were introduced and served as facilitators. Timeche encouraged participation and reviewed the session’s agenda. (See Appendix A for the agenda.) Twenty-seven participants signed in for both days. Participants were encouraged to sign in but was optional. There were several individuals who chose not to sign in. MCT Counsel Phil Brodeen (Bois Forte Band of Chippewa) introduced himself and his presentation objective: to provide as much information as possible about the MCT constitution. He gave an overview of the information included in the binders distributed during registration. Brodeen presented SESSION 1: THE DEVELOPMENT OF THE MCT & CURRENT STRUCTURE, which covered the history of the MCT Constitution, the powers and duties of the Tribal Executive Committee (TEC) and Reservation Business Committees (RBC), and the constitution’s day-to-day operations (Administration, Education, Finance, Human Services departments). The following are feedback and questions from the audience: • Section 4 of the MCT constitution has been rescinded, will it be replaced? o Brodeen answered that the corporate charters have been rescinded. It is an option to bring it back. Many tribes have seen there are not a lot of benefits of having a separate business arm under Section 17, specifically dealing with sovereignty immunity issues, which addresses concerns whether to “pierce the corporate veil” and sue the corporation. They have become less and less popular over time. • There is a book that shows how the Nelson Act impacted in Grand Portage. • The Cobell settlement is a concerted effort to buy-back land. What’s happening with that? o Brodeen stated with the new U.S. administration, some tribes are participating, some bands were bumped down the list and others went up. He encouraged members and the deprioritized Presented and Summary Prepared by the Native Nations Institute 2 bands to talk to the Senate delegation who sits on Indian Affairs committee and their representatives. • Fond du Lac voted against it [the MCT Constitution]; Red Lake refused to join. o Brodeen agreed and explained that the BIA used creative vote tallying to designate the “votes not cast, to count as a ‘yes’ vote” for the adoption of IRA at Fond du Lac, specifically. • An attendee asked for the source of another who made a statement on full/mixed bloods. o Brodeen pointed to the Burress Report, section 7 in the binder. He explained that there were two different factions declaring who properly represented the Minnesota General Council; no one would agree, which led to delegitimizing of the Council. During this time, “full bloods” did not speak English. The Indian Office elevated “mixed bloods” to engage. An important aspect of this decision was that under the General Allotment Act “full bloods” were not allowed to alienate land. • How many eligible voters were there then? o Brodeen stated he does not think that the Indian Office had an idea at the time. • A lot of people did not vote. They met four to six years and still did not want to vote. The government destroyed all information about White Earth. o Brodeen suggested that they probably had more than 2,000 people in the communities at the time. He explained that there have been discussions on the interests of Munnell and the Cass County attorney [original drafters of the MCT constitution]. He stated that local interest at the time was logging and that industry tried to access resources on the reservations. • The constitution had to be approved by the Secretary of Interior (SOI), do we still have to receive SOI approval if we amend the constitution? o Brodeen explained that the final article made it easier to remove SOI approval. The problem is the MCT constitution requires SOI approval to amend the MCT constitution. He stated that MCT could hold a secretarial election to remove SOI and then the BIA would have to approve it. He recalled that he heard in meetings and by other members that the SOI serves as a check to tribal governing bodies. Brodeen clarified that SOI is not really in the business to approve or deny amendments. He offered his personal bias by stating that SOI should not be mentioned in the MCT constitution. In addition, there should be minimal mention of the federal government or SOI. Brodeen explained that the SOI provision is included in a lot of tribal constitutions. • In regard to the 1854 treaties, what was done with the mineral rights, under the ground or wherever? o MCT President Dupuis answered this question suggesting that the safest way to say this is they have been given away. He explained that the treaties were written in Washington, D.C. and did not consider Ojibwe rights. o Brodeen asked the group to consider what are the rights in 1854 ceded territory? He answered with usufructuary rights [the right to use and enjoy property belonging to another]. • In the treaty of 1854, what does is it say about mineral rights on the reservation? Mineral rights were taken, you should find out who has them. o Brodeen stated that reservation land is interesting. He suggested the group think about how the mineral interests became separate from the surface estate. • Concerning the governing body of TEC and RBCs, if we do go forward with revising the MCT constitution, I would like to talk about the merits of establishing a General Council. I heard pros and cons for it. Would it be feasible for the MCT situation? Ho-Chunk and Oneida Nation General Councils serves as a check on the Tribal Council. There are advantages to it. What are your feelings? o Brodeen answered that of the six sessions held, the one concern that continues to surface is how to get member voices heard; the more voices the better. The MCT population is very large. We have to be careful on what constitutes a quorum. He has other clients who have a Presented and Summary Prepared by the Native Nations Institute 3 Grand Portage MCT Constitutional Convention Meeting, February 5-6, 2018 General Council that serves as a legislative body and require a 100-person quorum. It is a struggle to get people to show up to the meetings. • Concerning the (existing) MCT interpretations, were these approved by SOI? o Brodeen stated that he is not sure that the resolution was sent to the SOI. o President Dupuis responded stating that the intent behind No.1-80 was to tell BIA only MCT can interpret its constitution. If we’re telling the U.S. government that it doesn’t interpret the constitution, we do, then why are we asking for a SOI election? Since 1980, MCT says that the federal government is not part of the interpretation process, unless we tell them that they are. The only body to interpret the MCT constitution is the TEC. Some bands have courts that are interpreting the constitution. If No.1-80 states that the TEC is the only ones interpreting the constitution, then why are we asking the SOI to hold elections? In the early 1990s, BIA gave deference to MCT. In my opinion, deference means something that has already happened. • In reference to local RBC decisions, what determines 20% of voters? Is there a group of all six reservations that reviews TEC decisions? No, that’s why Leech Lake Band of Ojibwe and Grand Portage had elected officials who were convicted felons. • All discussions are very important to us. The SOI is basing a government on an Indian government. The SOI sounds like the role of the TEC Chairman. At Grand Portage we are own nation. When we deal with other governments that’s nation-to-nation. Then we have MCT as a mechanism to engage that relationship. I am from Canada but am a member at Grand Portage. Some of the things written down such as education, MCT involves in social programs. However, Anishinaabemowin is not mentioned. We can discuss education and social programs. There are other things. We have to be careful of what we put in there that limits our government. Cobell has almost come to an end. The government has not done a good job at that process. What did they do with those left-over lands? They are making us fight among one another to determine who would get the lands. The Chairman of MCT is important. That group should be bigger. The Chairman is the spokesperson. • SOI approval is ludicrous, it is fascism, it is autocratic. It is colonialism. Other states do not have to run to the federal government. We have to throw off the chains of oppression and write our own constitution. We should refrain from calling it a constitution because it is not. It is fascism, it is not democratic. o Brodeen discussed using inter-tribal court systems. There are a lot of options for interpretations. He recommended while amending the constitution, it is important to look at where the constitution was lacking and find solutions to fill those accordingly. • The way the interpretations occurred focused more in 1980 and 2011 setting. Is there a formal process for a group of MCT members to seek interpretations from TEC? Will these six sessions set a process to get an interpretation? o Brodeen answered there is no formal process. People are concerned whether interpretations are serving individual interests or the membership. • Regarding clarifying the interpretation process with the creation of courts, the U.S. government has limited the powers we have as a sovereign nation. All we handle are civil matters with Public Law 280. One of the ways to make our government safe is through a judicial system. The Oliphant case states that a tribe cannot try non-tribal members within its jurisdiction. If a white guy comes onto a reservation, he should be subject to our laws. We should be doing something. This ruling should be challenged. We need changes to strengthen the whole judicial system. o Brodeen clarified that one thing the court said is that tribes cannot provide due process to non-members without written guidance. He offered that it is hard to leverage places of sovereignty to assert jurisdiction over people. • How are we sovereign? We are not - it has to be signed by the SOI. Politically, who can we sue? We can’t sue for our land. Presented and Summary Prepared by the Native Nations Institute 4 Grand Portage MCT Constitutional Convention Meeting, February 5-6, 2018 o President Dupuis answered with this is why he pushed for the constitutional convention educational meetings. He has been pushing for several years now. MCT has never been at this point before. It is in the hands of the membership. We can call it whatever we want. The constitution requires 30% of entitled to vote in the SOI election and a referendum only requires 20%. If you want to vote for a petition, it calls for 20%, that vote goes out to everybody whether living on reservation or not. Most reservations have three-fourths living off reservation, not all. Most voting lives off reservation, whether fair or not. If you remove the SOI [approval clause], you remove the Indian Reorganization Act (IRA). At the last mass meeting, members talked about the government reviewing the IRA. The IRA is federal recognition. What do we want as a people? We want to recognize who we are? If the membership brings a referendum then the TEC would vote by five-eighths. The Chairman stated he agrees with Brodeen. Something should interpret the MCT constitution, not the TEC. The process is a vacuum; nothing is going out at this point. If we decide to have the same structure, the TEC should be made up of membership, not RBC members. Once the process is completed, the entire membership will vote on a tribal president for complete separation of powers. We have to change something here to get to that point. The President stated he was very proud to sit in the meeting. He explained we made it here and membership is sitting down discussing issues that they should be proud of. If not, then change it to where it definitely reflects you. o Brodeen shared that the membership has the luxury to sit here and think about these things. This process always reminds him about his grandfather and all the hard work that got them to this point. We have the luxury of thinking critically about this stuff. He found it a little troubling that he is probably the youngest one attending. Where are my peers? We have not seen a lot of participation from the younger folks. • Young folks are working. Many of our members earn $10/hour and cannot be here because they have to work. After Brodeen’s presentation, Hiraldo facilitated a discussion on “Does the current MCT Constitution accurately reflect who we are as a people today?” Participants responded with the following: • Article 12 discusses the rights of members, and I think some verbiage should be added that also discusses the responsibilities of members. Not incorporating some type of punishment but letting membership know that it is not all about ‘give me, give me’ and no return of what it means to be a Grand Portage band member. • Our youngsters should look at our voting procedures, how we do things, learn about our culture, especially if they are not readily accessible to elders. Some articles of the constitution talk about responsibilities of TEC. I think we should throw in what it means to be Grand Portage members. Hiraldo led SESSION 2: THINKING STRATEGICALLY ABOUT MCT’S FUTURE exercise. She instructed the participants to individually complete the following sentence: “I want my (grand)children to live in a tribal community where…”. After writing their individual responses on large Post-Its, participants were asked to share their responses with their small groups. Table 1 illustrates the individual responses categorized thematically by NNI. Presented and Summary Prepared by the Native Nations Institute 5 Grand Portage MCT Constitutional Convention Meeting, February 5-6, 2018 TABLE 1. “I want my (grand)children to live in a tribal community where…” Safety Resources & Drug & Culture and Language Identity/ Government Participation Economy Alcohol Enrollment Free They are safe. There is economic There are They have a culture to They are The tribal community has There is stability and no drugs. live by or follow. recognized by the nation-to-nation status and participatory developmental tribe. responsibility. democracy – structure to where individuals protect their overall have rights, well-being. individuals have responsibilities. They can have They still value our Culture is reflected in [They] take They are supported in There is self- a warm safe resources (fish, all aspects of ownership and governance, in school determination. place to live; hunt, sugar bush, community – pride in their (academically), in culture, in there are no rice, etc.). governance, community. faith (“organized” or not homeless programming, health, church–way of life) people; they education, economy, will have and environment. enough to eat. They are all Their natural They are free to They know who Where the work of their There is safe. resources and land remember our they are as predecessors and leaders have participation in base are protected histories and live in as Anishnabe people ensured and allowed for the community for their perpetual a proud Anishnabe. – in all aspects, continuity of their tribal affairs. use (inherent treaty economy, community. rights, government, usufructuary rights, health, living off the land, environmental, etc.) etc. They live in There is caring for They live among their They are governed by band They are self- peace, they are our environment. own people; to grow members; top jobs are held by sustaining and safe, healthy, up in this beautiful band members; schools that economically self- prosperous, Grand Portage are at least 95% Indian with sufficient. educated and reservation where air teachers that are Indian; Presented and Summary Prepared by the Native Nations Institute 6 Grand Portage MCT Constitutional Convention Meeting, February 5-6, 2018 Safety Resources & Drug & Culture and Language Identity/ Government Participation Economy Alcohol Enrollment Free culturally is fresh, one can listen where young people are aware (in any to the lake on a cherished and encouraged to community stormy day; being be drug-free; where our they choose to close to nature always children are free and able to live in). provides a new the enjoy the wilderness; experience; a stress- where people are friendly and less place, peaceful; there is no harassing or and they can enjoy bullying; and they are okay and give yourself to with adding of Anishinabe your community. blood but not to lessen tribal amount. Their safety is They have Long-term decisions are made They engage in decided by our opportunity for by the on-reserve vote. The community laws, not a better education. kind of decisions that affect together mirrored image those that live here. (individuals, of state laws families, but by own intergenerational) policing and . voted regulations. There is a tribal community for them; larger than exists today; meaning all lands and their resources returned to them to govern. They don’t have to deal with nepotism. Presented and Summary Prepared by the Native Nations Institute 7 Grand Portage MCT Constitutional Convention Meeting, February 5-6, 2018 Timeche took the opportunity to clarify NNI’s use of the terms citizenship and membership. She explained NNI’s use of “citizen” is not meant to offend anyone. It is increasingly being used in other Native communities as it denotes greater rights and responsibilities than being a member of a club, but of a country/nation state. She acknowledged the MCT constitution uses “member” and apologized in advance if NNI staff slipped in using this terminology. Timeche presented SESSION 3: GOVERNMENT & CONSTITUTIONS: WHAT THEY ARE, DO, & LOOK LIKE ACROSS INDIAN COUNTRY. The presentation acknowledged that governance is an Indigenous tradition; reviewed traditional Indigenous governing systems, contemporary structures, and the role constitutions play in governing. Statements/questions from audience: • Does the Cochiti Pueblo receive federal funding? o Timeche answered, “Yes, they have an administrative arm that the funds are funneled through.” • This has been a concern out in the community. There is a worry that the federal government will not provide funds. Are there tribes that don’t receive federal funds? o Timeche stated she knew of one tribe who for many years did not accept any federal funds, the Ak Chin Indian Community in Arizona. They now accept some federal funds. • Is this presentation available? o Timeche stated that the presentation is included in the binder. Some additional NNI resources included are NNI’s Constitutions Resource Center (NNIConstitutions.arizona.edu), Rebuilding Native Nations (RebuildingNativeNations.com), and the Indigenous Governance Database (NNIGovernance.arizona.edu). • We have Chairman Dupuis and Chairwoman Chavers in the room. My Chairman [Deschampe] is outside in the hallway. What brought us here together? Why do we need to change? This will help me understand how to participate. Grand Portage needs to make a decision and we need to know how to include input. We need all 12 TEC members up front to discuss why we are here today. We need to physically go through each part to discuss what’s working. o President Dupuis responded there have been a lot of questions within the existing constitution. He wondered how the interpretations come to be, do the existing interpretations comport with existing constitution? There is a transparency issue. There was a point years ago where you could not attend TEC meetings. The document does not reflect who we are as Anishinaabe people. Every TEC member voted on this [constitutional meetings] unanimously to move forward with this. It was to ensure we define who we are. o Chairwoman Chavers shared there are issues with the current constitution and the interpretations. TEC is left in awkward situation where one person interprets something one way and others in another way. We all agreed to do this unanimously because it does not reflect us. Chairwoman Chavers’ personal opinion is to remove the SOI approval clause first. • Change is difficult. The compartmental review of constitution will be beneficial. Where are we going to go? Will it be useful? o President Dupuis said, “Yes, have faith in the process.” He declared that the TEC should not be interpreting its own laws. There is always something higher that has to have that responsibility. We need to put it in the hands of the membership. Does the constitution serve the membership or is it a self-serving document? We have to change it. This is the last meeting, but there will be more education. The MCT will have to consider what happens next. What’s working? What’s not? To ensure our culture continues. I do not Presented and Summary Prepared by the Native Nations Institute 8 Grand Portage MCT Constitutional Convention Meeting, February 5-6, 2018 know the outcome. I have the utmost faith in our people that they will write it the right way. TEC members are waiting for them [NNI] to compile information/data. o Timeche offered that NNI has draft summaries for each session that document input. There will be one report for each reservation. We will pull the common themes and share with the TEC. She guessed that the report be shared on the MCT website to allow for information from the summaries to be utilized to move forward in this process. o Ducheneaux explained as he understands it, MCT is walking through the process and every TEC member is committed to not stopping with the seven meetings. There cannot be just the seven educational meetings, but the process has to get to the communities. The MCT constitution requires 10,000 people to vote. Each person attending these meetings will have to get 10 people to attend. Education cannot end, meetings will continue. Following the presentation, Timeche asked the group to consider “What suggestions do you have in changing the MCT Constitution?” Participants were prompted to respond individually and then share their responses in their small groups. NNI recorded the individual responses and categorized them thematically (see TABLE 2). The broad categories included: • Rewrite Constitution/Start Over • Enrollment and Membership • Member Rights & Responsibilities • Separation of powers • Education and Member/Citizen Engagement • Culture • Protocol/process for interpretation of constitution • Autonomy of “groups” (bands) • Mission Statement • Removal of Secretary of Interior Approval Clause • Elections Day 2 | Tuesday, February 6, 2018 Location: Grand Portage Lodge & Casino Day 2 began with Billy Blackwell providing an opening prayer. Ducheneaux led the WELCOME, REVIEW OF DAY 1 DISCUSSION and REVIEW OF DAY 2 AGENDA. Hiraldo reviewed the common themes from the previous day’s discussion “What suggestions do you have in changing the MCT Constitution?” (see TABLE 2). Later, she reviewed the common themes from the other sessions NNI attended. Hiraldo explained that not all sessions had the same discussion questions due to varying agendas. TABLE 3 offers the comparisons. TABLE 2. “What suggestions do you have in changing the MCT Constitution?” Rewrite constitution /Start over Rewrite (the constitution). Start over. Develop a system of true sovereignty over our lands. Create our own governing rules. Rewrite the preamble to be more reflective of who we are. Presented and Summary Prepared by the Native Nations Institute 9 Grand Portage MCT Constitutional Convention Meeting, February 5-6, 2018 Rewrite our own preamble. Abolish our dictatorship. Overall rewrite and article VII (7) re duration of the tribal constitution. Hopefully we won’t have to have this article there in the future; no Secretary of Interior [approval clause]. We are a federally recognized tribe, add federal government laws and bylaws. We need a better understanding of the federal government and our relationship. Enrollment and Membership The ability to set and define our membership (criteria). Address enrollment and membership (Article II). Rewrite membership requirements – to direct descendancy. New enrollment requirements. Regarding enrollment: fix the divided families. Member Rights & Responsibilities Add member responsibilities. Create a doctrine of children’s rights. Create a doctrine of women’s rights. Article XIII – “Rights of members” to include individual rights of each band re: hunting, fishing, and gathering Separation of Powers Four branches of government Rework judicial system so there is true sovereignty. Education & Member/ Citizen Engagement [Hold a] series of educational meetings for all 41,330 members (including 35,676 eligible voters) on the constitution/process so that we have a “shared understanding/foundation” for which to go through the process of reforming the constitution. Talk as community with young people, elders, and adults. It should document that it is membership driven to ensure that it is a living document with the ability for growth and change. Ensure the continuity of our people through and with sanctioned recognition by our people. Culture Live according to principles of Mino Bimaadiziwin. To never forget who we are - natural law, customary law, our belief system, our way of life. Protocol/process for interpretation of constitution Address the protocol/procedure for MCT members to ask TEC for interpretations on the constitution (when and how interpretations are made). Autonomy of “groups” (bands) Constitution should be based on principles of autonomy and flexibility and cultural preservation (autonomy as a people, government-to-government relationship; flexible in that it works for everybody and interpretation doesn’t stop us from doing everything). Presented and Summary Prepared by the Native Nations Institute 10 Grand Portage MCT Constitutional Convention Meeting, February 5-6, 2018 Since one way of governing does not meet the needs of people, each group should be free to make changes as needed by the group, not according to what the U.S. dictates that each group needs. Mission Statement Add a mission statement. Establish a mission statement of the new order. Removal of Secretary of Interior approval clause No secretary of interior [approval clause]. Break away from the federal government – no Secretary of Interior [approval]. Elections Term limits Elections: change term limits TABLE 3. Comparison: “What suggestions do you have in changing the MCT Constitution?” Grand Portage Mille Lacs* Bois Forte* Leech Lake* Enrollment Enrollment Enrollment Enrollment Autonomy of “groups” Creating six autonomous Autonomous Bands Separate from MCT (bands) bands outside of the MCT Separation of powers Separation of powers Separation of Powers Separation of powers Elections Representation and Elections Fair & equitable elections representation Rewrite Begin a constitutional Start Over Rewrite constitution/ Constitution/Start reform process and rewrite Start over Over the MCT constitution Things to consider when Clarification Roles & authorities discussing the status of MCT and the separate bands (included cost of changing, federal recognition status, etc.). The need for a decision to Remain the Same Keep MCT constitution as be made to separate from is the MCT or not Culture Culture Incorporate culture/traditions into constitution Member Rights & Rights of Members Individual voice matters/ Responsibilities Informed consent Protocol/process for Discuss who has the power Accountability interpretation of to interpret the MCT constitution constitution Presented and Summary Prepared by the Native Nations Institute 11 Grand Portage MCT Constitutional Convention Meeting, February 5-6, 2018 Grand Portage Mille Lacs* Bois Forte* Leech Lake* Education & Member/ Communication Citizen Engagement Land Land Removal of Secretary Removal of the Secretary of of Interior approval Interior approval clause clause *Individual responses for the previous sessions can be found in each of the respective reports. Audience comments of the major groupings: • I do not see membership requirements – Hiraldo explained that it was under the “enrollment” section • Autonomy of “groups” (bands) – confirm the intention behind using the term “groups”. Hiraldo explained that verbiage was taken directly from the individual responses. o The original author of the response explained that under autonomy it is important to talk about autonomy of each reservation and MCT. There is nothing written there on Grand Portage and its relationship to MCT. Strength comes in numbers and there should be something that shows that. • Maybe this should go under elections. Something we have never done is we have elected tribal council by the people, then we have 2 reps from each band = TEC. Have we always done this? No. Five were in federal prison and what did the TEC do to stop them? I’m not blaming TEC. Could we elect someone like a tribal judge to oversee the TEC, enforce judgements, etc. something from the people that is above the TEC? There has to be an independent body that is not chosen by the council by but the people. Hiraldo led SESSION 4, ROUND 1: HOW DO WE STRENGTHEN THE MCT & BAND GOVERNMENTS? and instructed the participants to individually think about the following: What’s WORKING with the existing constitution of the: MCT overall? Tribal Executive Committee (TEC)? Reservation Business Committees (RBCs)? NNI recorded the individual responses and categorized them accordingly as reflected in TABLE 4. Presented and Summary Prepared by the Native Nations Institute 12 Grand Portage MCT Constitutional Convention Meeting, February 5-6, 2018 TABLE 4. What’s WORKING with the existing constitution. What’s WORKING MCT Overall Tribal Executive Committee (TEC) Reservation Business Committees (RBCs) Helps to regulate spending of Provides programming for MCT People have access to elected tribal dollars by a vote of the membership on a six- reservation officials at the local level. people by having a structure in basis. the decision-process of spending. Gives the people the voice to Meetings are open to everyone Allows for local control. votes on issues. now. Puts in place the choice of the Communication. Land acquisitions. tribe as a group. Constitution has specific Equal representation – 2 reps More meetings – no explanations or authorities and responsibilities from each band, except since plans to. of elected officials for 2012 (Sept?). TEC chairman no accountability. longer allowed to vote in roll call vote. The TEC members were divided on appointing officers. Provides a The TEC effectively allowed the Stability has been accepted as a form framework/structure despite Chair to not have a vote, of government; and accepted the need for revisions. effectively eliminating GP “2 enrollment requirements. votes” to establish the officers. (GP only had one vote because the chair was from GP.) Creates a unified voice for Allows each band to express self Due process and delegation of MCT members and their to “upper management”. duties. constituents. Provides an opportunity for Effective way of communicating Responsive for specific Grand shared concerns and between 6 bands on a regular Portage issues. information sharing; a venue basis. to take action. Housing and Finance Moving forward with change. Aware of community concerns. Corporation; Unbiased election process. So many, many meetings for In all, our elected officials Works as a group to resolve local our council – the community seriously want to do a good job issues. often wonders “what is all the for fairness and honesty. traveling, is it beneficial and (resulting in) accomplishments? Stability - has been accepted Sovereign government that as a form of government and advocates on the bands’ behalf accepted enrollment (MCT, federal, state, county, etc.). requirements. Presented and Summary Prepared by the Native Nations Institute 13 Grand Portage MCT Constitutional Convention Meeting, February 5-6, 2018 What’s WORKING MCT Overall Tribal Executive Committee (TEC) Reservation Business Committees (RBCs) United - stronger voice on Leadership is reactionary (ability to national level. decide/take action when unexpected situations arise). Effective. Decisions must be made within a committee within their reservation. Voice in numbers at the D.C. Communication is necessary. level. MCT provides services to all: Strong education programs - elections, enrollment, housing scholarship and mentorship. loans. Creates cost-savings. Strong and stable governance that provides health, welfare, safety of GP members and community. Collective political power (example is lobbying) with state and federal government agencies (41,330 members strong). Provides a framework for organization. Unites the 6 Anishinaabe communities. Its worked as a stepping stone for the peoples to learn what works and doesn’t. Is a very necessary for all reservations – it brings unity. Hiraldo asked if there was anything missing from the responses out of the small table discussions. Participants added the following: • Structure – whether it works or not • Communication • Localizing authority The main themes that were identified as “working” are: • MCT overall: Voice/representation, government framework, population, united voice, and services • TEC: Communication, delegation of authority, voting, and good intentions • RBCs: local authority, decision-making, services/programs, and stability Hiraldo continued the discussion with SESSION 4, ROUND 2: HOW DO WE STRENGTHEN THE MCT & BAND GOVERNMENTS? She asked participants to consider What’s NOT WORKING with the existing Presented and Summary Prepared by the Native Nations Institute 14 Grand Portage MCT Constitutional Convention Meeting, February 5-6, 2018 constitution of the: MCT overall? Tribal Executive Committee (TEC)? Reservation Business Committees (RBCs)? Their responses are listed in TABLE 5. TABLE 5. What’s NOT WORKING with the existing constitution. What’s NOT WORKING MCT Overall Tribal Executive Committee Reservation Business Committees (TEC) (RBCs) Timely information sharing Timely information sharing Timely information sharing Timely information sharing TEC is limited as governing Total authority is vested to elected RBC from TEC, RBC and body. At times it is unclear members. government. Don’t know when they deal with issues at 6 what government is planning. reservation levels. Poor use of WWW/Internet – website is improving but minutes are not posted timely. Time to identify and update It’s difficult to have full No one neutral to inform of us of our membership for enrollees representation of a band’s actions on spending or report actions (example that of 8 children, interests in two representatives from each group. only 7 are enrolled). when TEC makes decision on behalf of all 41,330; the two representatives often make decisions on what’s best for the individual bands “back home” (rightly so), yet if the dynamics for the total MCT call for change, sometimes the 12 cannot agree. For example: smaller populous vs. larger populous can sway decisions. Our elections – time for We have loopholes and no No accountability. change, move ahead, can do sound structure in way laws are so electronically – way to do written, like the Secretary of it legally, clearly, cost- Interior approach. effective; [provide] videos of people who are running, etc. Creates competition for Communication on TEC level Elected officials don’t follow current resources against local RBCs. needs to be improved. There constitution and bylaws. They don’t should be education in the high listen to what people who elected schools. them. Constitution needs change – More meetings should be Communication with enrollees - we all know that. Newer encouraged so all the members example: would be nice to have a web issues that we face are not can understand that this page for Grand Portage to keep us there. Needs to be updated. process is all of us. updated and more information on what’s happening. Presented and Summary Prepared by the Native Nations Institute 15 Grand Portage MCT Constitutional Convention Meeting, February 5-6, 2018 Who knows what the TEC is Lack of decision-making in a I talk to three council members and doing. timely manner. chairman – they do wonderful job on most things but we need to be told more. What’s NOT WORKING MCT Overall Tribal Executive Committee Reservation Business Committees (TEC) (RBCs) Communication is almost TEC members should be non- People need information. Council non-existent -- need more council members. members should talk to members and information on what is tell them about what the MCT, TEC and happening. RBC are doing. We are all people together and should be discussing the same issues. We are doing a pretty good Need to work for common goal Suggested we go up in hourly wages, at job financially. Can’t we see to improve lives of all band least $1 more ($700k more a year but is more about where we are at, members (culture, resources, do-able). but only shown a little bit etc.). (about our financial position)? BP are at 30 hours a week, Equal votes for each Re housing we haven’t raised enough, WE can’t get a loan. But what reservation. cost of living has gone up and we need Ellen said is completely true, to consider this. [we] are not told enough. If we know, we can help. We have to be told more. Enrollment Term limitation on TEC Full attendance and participation at the president. TEC level is currently lacking. It is the role and responsibility of the officers to serve at the TEC level. Informing the people is slow - Upholding constitution to best serve us before spending discussions overall. are made. No vote done. No timely reports for the decision process for the people. The people have no one Lack of communication on MCT matters neutral to inform us of the to band members. actions to spend or report actions taken by each group. Someone to oversee all three groups. Enrollment Lacking of transparency – need more information meetings is needed; where are we headed? Needs more steps to include Strategic planning, executing long-term grassroot voice and concerns. decision-making. Presented and Summary Prepared by the Native Nations Institute 16 Grand Portage MCT Constitutional Convention Meeting, February 5-6, 2018 Elections - mail time for out (Effective or consensus) decision- of state/country members. making can be jeopardized if elected official desires not to participate or attend. Membership - time to define Not working – works with RBC on daily and update membership for basis. All in all, seems to work. Need to enrollees. go to the office and visit council and seems to be working. What’s NOT WORKING MCT Overall Tribal Executive Committee (TEC) Reservation Business Committees (RBCs) Communication toward Broad communication to all band younger audiences with the members (besides newsletter). understanding to our Examples: letters explaining current constitution. issues, impacts to them; meetings face-to-face on and off-reservation membership; online/video/social media. [MCT] really don’t represent the people (written by federal government; no cultural values). Needs secretary approval. Communication with band members working with unity within MCT. Common goal for all MCT band members. MCT does not communicate with band members effectively - explaining roles of MCT, TEC, and RBCs. Broad communication to all members (letters, online/social media)—many receive statements from O.S.T. [Office of Special Trustee for American Indians], some who don’t know that relationship, they think it’s the Band/MCT. It would be good to have letters from MCT annually. Examples: legislative updates, services information, educational materials. Hiraldo asked if there was anything missing. Common themes heard regarding “what’s not working” included: Presented and Summary Prepared by the Native Nations Institute 17 Grand Portage MCT Constitutional Convention Meeting, February 5-6, 2018 • MCT overall: Communication, elections, representation, membership/enrollment, and competition • TEC: Communication, representation, decision-making authority, efficiency, strategic visioning, and term limits • RBCs: Communication, accountability, participation, strategic planning, and increase of programs/services Participants added the following: • Constitution needs to change! Newer issues that face the tribal membership are not there. It needs to be updated. Timeche followed the discussion with SESSION 4, ROUND 3: HOW DO WE STRENGTHEN THE MCT & BAND GOVERNMENTS? She asked the participants to consider, “Of the issues identified in previous rounds, how might we address some of the key issues?” TABLE 6 captures the individual responses categorized thematically by NNI. TABLE 6. Of the issues identified in previous rounds, how might we address some of the key issues? Communication Improve and use various media and communication applications - worldwide web. Create a better nonbusiness website to hear the voice of voters as well. Get info to voters for better decision-making. Better communication from top-down. More outreach to membership from MCT. MCT should be in GP (can’t remember last time besides the housing event). Band - better communications, i.e. financial reports, etc. Open communication between band members and officials; questions go unanswered. Develop interactive websites. Host meetings for community engagement for all bands (members) to gather to discuss/share ideas on MCT matters (not just professional relationship but communal relationships). Have regular, open meetings, these meetings need to be advertised. The MCT and Band membership needs to recognize and encourage the MCT and Band councils. The Councils need to know if they are reaching the membership. To strengthen the councils, we need all people to talk about issues. Strengthen communication - don’t slight anyone. [Use a] Facebook page to disseminate information. Education Educate the people at the local level - get people to feel comfortable what is in the constitution, bylaws, education all the way around. Overview pertaining to our rights, constitution, treaties. Educate people to be at the same level and create a long-term goal to everyone’s satisfaction. Intergenerational teaching. Mentorship of future leaders (seeking experienced/wise elders’ valuing their relationship to young people). Presented and Summary Prepared by the Native Nations Institute 18 Grand Portage MCT Constitutional Convention Meeting, February 5-6, 2018 Positive educational/awareness for how to participate in governance (e.g. protocol/procedures/ “how to”, “101” for newly informed members (e.g. 18 yrs. old who can vote for the first time). Strengthen tribal government and Native law training Strengthen tribal governments Civil and human rights training Role of Elders Add and provide equal vote to an elders’ council (MCT). Role of elders is very important, more than advisory council - has to have a vote at the table. Wisdom is very important; has to be acted on, not through TEC level, have to have a vote at that level. Seeking the experience of wise elders. Positive Community Engagement Positive membership engagement and interactions between governments/membership, individuals, groups. Promoting positive change, leadership from grassroots that’s positive. Being able to remove barriers to positive leadership. Remove toxic environments/ineffective leadership positions so that positive change can be made. Open membership to include non-RBC reps (members do not always know what the council is doing). Offer representation in MCT. Accountability/Transparency Be more accountable to people and better serve them. According to constitution, the chairman is supposed to report on matters on all the matters; TEC should report to us at bands; (Timeche offered the notion that it is the responsibility to hold representatives more accountable, this is a responsibility. The members need information of decisions being made). Knowing our officials, how they are implementing change. What and how is their change improving the people. Include Off-Reservation Members Be more inclusive of off-reservation band members. Band members living on another reservation having a voice on that said reservation even if not a member, but a member of the MCT. Unify Unify. Creating a healthy, cohesive government. Strategic Planning Goal oriented: create short-term and long-term goals and need state of the band address at GP (never had). Once a year meet with state and federal people, how are we with the current U.S. administration? Support more members to advocate at the state and federal level. Presented and Summary Prepared by the Native Nations Institute 19 Grand Portage MCT Constitutional Convention Meeting, February 5-6, 2018 Changes can only be made by strengthening the MCT. MCT can then show each band the way to change to the needs of their community. MCT should develop a program of economic development improvements that all six bands can participate in, what strengths do we have as one tribe? Elected Leaders Qualifications More broadly defined qualifications of candidates for elected positions rather than age/residence. Officials having a non-bias overview when it comes to situations detrimental to the future of our people. Checks and Balances Clearly defined checks and balances within the system. Promote Culture Promoting the culture, people are more culture oriented. Revise/Update Constitution Update constitution. Define what it means to be GP Band member in this current age so we can address enrollment concerns. Revise the constitution. Timeche asked, what did you hear? Large themes identified include: • Good communication • Transparency • Education (mentorships, schools, elders) • Unify; all can do this together • Whether you live on or off will be included • Qualifications of candidates/checks and balances • Promoting culture Participants asked: • Question for Chairman Dupuis: How are members receiving this information? o The President explained that is his understanding all the meetings are taped and aired. o Margaret Rousu (White Earth) stated that the radio station streams all of the TEC meetings at www.niijiiradio.org. They are working on an archive to save the recordings. o Dan Huculak (Fond du Lac) explained that the radio station is producing all of the Constitutional Convention meetings and tribal opioid summit. These recordings will be housed at www.wgzs89.net. • Another question for Chairman: Are websites accessible? o President Dupuis would like for people to call in; however, they are not at that point yet. Fond du Lac has all RBC meetings streaming with live feed. Bois Forte already has live feed. Not all bands have this capability. MCT’s website needs a lot of work, including an update of minutes is important. Credit to staff for trying to keep up with Constitutional Convention meetings. o Chairwoman Chavers shared that there is livestream for RBCs meetings for in-state and out-of-state tribal members. Viewers do not have opportunity to ask questions. We need to start using modern tech to get the word out. Chairwoman Chavers strongly encouraged other RBCs to incorporate livestreaming. Presented and Summary Prepared by the Native Nations Institute 20 Grand Portage MCT Constitutional Convention Meeting, February 5-6, 2018 • It is important to allow interaction between members especially for those who live on and off reservation. At Grand Portage more people live off than on. It is important to get their feedback. • There are band members not from Grand Portage within MCT that do not have a say in band decisions; getting them more involved would help in a lot of ways. • We need less gossip; that will strengthen everybody and good communication. • I would like to include culture into social services (a medical example: see an elder; use of sweet grass, etc.). • Another point with culture, what do we have from pre-school, Head Start, junior, or high school with the language? Are we teaching at these schools? Maybe look at Grand Portage training to learn language. This is not seen in tribal papers. Government funding is available for these things. o Timeche encouraged participants to visit the Honoring Nations website at HP which recognizes best practices in Indian Country for examples. • We need talking circles and educate on who we are. o Ducheneaux offered Zaagibagaang as a resource for educational materials. • Concerning language programs - in high school, Ojibwe language classes are offered. Not sure of K-8 offerings. • Some bands made this a priority. Some people are doing it at Fond du Lac for a weekend where they offer birch bark making, and 60% documented their history on reservation. Leech Lake Band of Ojibwe is looking at it as well. Oral history is important and should be put into schools. • All things discussed so far are true and should be considered by everybody. Education programs should have started from the earliest education. I am part of the old school group where we are speaking Ojibwe, still working on English. Ojibwe is a beautiful language. To teach it properly should start with English to have all the information that goes with learning a language properly. Beginning with English makes you understand the grammar, it requires putting out a complete sentence. I am encouraged by all of the talk about language and culture of the Ojibwe people. We need more discussions about parents and children. Moral issues should also be stressed. • Starting with Head Start we should tell stories, do small crafts. This has been lost along the way. Some girls in the communities took Ojibwe for four years. We should be really proud of their accomplishments. Students from Cook County schools were welcomed. Hiraldo presented SESSION 5: STRENGTHENING OUR GOVERNMENT — HOW HAVE OTHER NATIVE NATIONS ADDRESSED THE PROCESS OF REVISING OR REFORMING THEIR CONSTITUTIONS? The presentation included a brief survey of several constitutional reform process examples. They concluded with a group discussion prompting the participants to provide recommendations for the MCT constitution process. The group was asked to answer Based on what we’ve heard and discussed today, our recommendations for continuing the MCT constitution process are... The following are their individual responses, which have been categorized thematically by NNI: TABLE 7. Based on what we’ve heard and discussed today, our recommendations for continuing the MCT constitution process are... Host More Informational Meetings MCT info sessions: MCT specific about who they are, top ten achievements, constitution feedback (pros & cons) Community information sessions → state-wide forum Presented and Summary Prepared by the Native Nations Institute 21 Grand Portage MCT Constitutional Convention Meeting, February 5-6, 2018 Having more frequent meetings, not big window between meetings, and have records More information so that decisions can be made Go through MCT Constitution article by article to see what needs to be changed o Timeche asked participants “who is at the table?” ▪ Every band and collaborate afterwards. Hold Constitutional Convention Hold a convention (likely a cap of participants at some point) A constitutional convention that includes all generational ages (elders, adults, youth); many informational meetings! Tribal level - hold constitutional convention Individuals don’t have access to enrollees’ records, TEC does; work together and send out a newsletter; and ask for support for delegates and convention Review NNI Report(s) After we get the NNI report, have a local meeting. Share the report with all members. Get a report for the meetings [NNI responsibility]; MCT will figure out how to share, how will you review the report? A report that outlines what was covered so far. Final report: here’s what we have so far (document progress) Putting together report on findings of these meetings; review with membership; vote on whether to proceed Organize Efforts On a local level, we need to start organizing and preparing ourselves for change (education, taking notes, administration of the process); set-up community meetings to start organize Include people who have worked on constitution before, need to include them to work on something, create a small working group, maybe 200 people. TEC shouldn’t be involved with actual gathering, it should be the people. Some disappointed with the crowd size. A lot of good questions that have been brought out at this meeting. A lot of historical knowledge in the meeting. We have to establish “Is there a problem here?” Chairman made a comment at Mille Lacs, “Didn’t want to speak, wants the people to decide. Maybe not reform, maybe amendments, maybe nothing, but the people will decide.” We have no excuse, we have the power to do this; need leadership involved, anyone can be a leader without being an elected official. Work cooperatively Work respectfully Live according to mino bimadiziwin Communication Timely information before meetings A method to hear the voices of those who could not be here Message to hear the voice of those who can’t attend - portal or site to offer thoughts Presented and Summary Prepared by the Native Nations Institute 22 Grand Portage MCT Constitutional Convention Meeting, February 5-6, 2018 Community level - post notices: use moccasin telegraph, community bulletin boards, for meetings - send notices around Make announcement at our summer rendezvous GP have a lot of changes with casino and having own money. After the casino opened, it really changed our community. That’s when all the secrecy started. Tribal enrollment closed, monthly meetings were in secret, go back to the regular way of communicating. Education More education to discuss constitution to build framework; start at similar knowledge base (Education/Engagement) More meetings discussing the “Introduction to the constitution” for the purpose of building a common framework for having future constitutional reform meetings. Continue the Process We can have an informal constitution reform process through conversation.; ones that didn’t attend, we can spread the word through the community. Continue with the process, even though it may not be followed through, as long as we unite as a whole. We attempted this before and it wasn’t followed through. Follow through and [create] awareness Productivity within our Tribal Council on this matter Consistency Creating momentum in all bands to decide which changes are necessary for the vote Figuring out the process for “Secretarial election”. Will the revisions of the constitution be separated out for independent vote by the topic? (Example: vote a. topic yes/no; vote b. topic yes/no; vote c. topic yes/no) or the whole revision is voted on. (Example: vote on a, b, and c only once and all or nothing. Draft a Constitution Hire outside consultants to write drafts. Use constitutional draft circa 2007 as a framework and spring board for writing the constitution. Have a committee of MCT members write the new constitution. Ensure Diverse Participation Encourage more youth participation at community planning meetings either through a youth council or youth representatives to give them a voice in community Meeting involving spiritual leaders from the Grand Portage reservation to give input about to government reform (possibly clan meeting to discuss process of change) Participate on committees to give youth feedback to our Tribal Council. Encourage cross-generation dialogue to learn from each other. To give youth an opportunity to learn different skills from the community on different committees (elders, Tribal Council, powwow committee, elderly nutrition program (ENP), SNAP, etc. Let it be known: help, advice, ideas, suggestions for everyone to participate in this formatting, updating our constitution. It is important for our future as our Chippewa Tribe to survive in government with updated changes. Presented and Summary Prepared by the Native Nations Institute 23 Grand Portage MCT Constitutional Convention Meeting, February 5-6, 2018 Have discussions, formal and informal with our band members about what they believe the needs are. Listen to other band member’s ideas. Some common themes heard were about education, talking to people and getting involved; more meeting like this and having a convention. Things to think about: • How will you appoint delegates? • How will you get 10,000 people to the polls to vote? • Could you use students to develop a survey and include youth to gather information? Timeche asked if anything was missing from the list. One participant stated, “Let’s look forward to a grand prosperity.” After concluding the exercise, Timeche and Hiraldo offered final thoughts and thanked the Minnesota Chippewa Tribe membership for allowing NNI to facilitate their educational process. NEXT STEPS - President Dupuis thanked NNI and NGC for their services. He mentioned that “it has done us well.” We’re at a stage where the membership will decide the process and we have momentum for this process. Chairman encouraged the members not to stop doing what they are doing. He explained that MCT cannot tell individual reservations what they can and cannot do. He encouraged the participants to educate as many people as you can. This meeting [at Grand Portage] has had the most discussions. He offered his appreciation to Phil Brodeen for the constitution presentation. TEC will meet after this meeting and will need tribal members to attend to so they can inform the elected leaders on what they want to do. He offered hope that the membership will drive the process the entire way. After the report is received from NNI, then that’s when the TEC will move forward. He explained that individual reservations have to have meetings with constituents, it’s the key to move this forward. Read the binder, look at interpretations and referendum, there’s an interpretation that undermines the referendum. Membership has to consent to change these things. Fond du Lac will continue to host meetings and they are open to all tribal members not just members of FDL. Individual reservations have meetings, even if not supported by leadership, continue to have meetings. Ducheneaux extended his appreciation on behalf of NGC. He stated that it has truly been a pleasure and humbling to be a part of the educational process. The meeting adjourned at 1:45 p.m. GRAND PORTAGE WRITTEN SURVEY RESULTS NNI received ten (10) completed surveys. The following pages include a summary of those responses and a preliminary analysis. Note about survey: On the morning of the first day MCT Representatives distributed a paper copy to the participants who chose to participate Grand Portage Band of Lake Superior Chippewa Constitution Convention meeting. Participants submitted their completed surveys in to box at the end of each day. NNI collected the responses and recorded them into an online version through Qualtrics, a survey software. In order to maintain the integrity of the survey, an NNI staff member recorded the responses verbatim into the online software. Misspellings and illegible remarks are marked with [sic] and [illegible], respectfully. Presented and Summary Prepared by the Native Nations Institute 24 Grand Portage MCT Constitutional Convention Meeting, February 5-6, 2018 The survey was developed to assess three main categories: level of understanding, personal views, and general information. Respondents were asked to “rate each statement by circling a number between 1- 5.” 1 =Strongly Disagree; 2=Disagree; 3= Neutral; 4= Agree; 5= Strongly Agree. There were two open- ended questions that focused on recommendations for specific changes to the MCT constitution. The first set of questions (Q1-4) related to the respondent’s level of understanding of the Minnesota Chippewa Tribe. You will notice that the majority of the respondents agree that they understand the constitution or are neutral on the matter. Respondents largely agreed or remained neutral with the questions relating to understanding the powers of the Tribal Executive Committee (TEC) and Reservation Business Committees (RBCs); and the way MCT government operates. Presented and Summary Prepared by the Native Nations Institute 25 Grand Portage MCT Constitutional Convention Meeting, February 5-6, 2018 One question (Q5) was designed to inquire whether a respondent has read the MCT constitution. Of the 10 respondents 4 (40%) answered “yes”. The second set of questions (Q6-10) gauged the respondents’ personal views of MCT governmental functions. These questions address the perceived notions of equity, clarity, and representation within the MCT government. The graphs below illustrate that three (3) respondents chose “disagree” and three (3) “neutral” as their response for whether the MCT’s election process is fair (Q6). For question 7, four (4) respondents chose to remain “neutral” on whether the TEC exercises power fairly. In terms of whether the TEC qualifications are clear (Q8), three (3) “agree” and three (3) remained “neutral,” while two (2) “disagree”. Respondents appear to have mixed views on whether the candidate qualifications are adequate (Q9), though a majority were “neutral.” Respondents are mixed in their response that the candidate qualifications are clear or adequate; in addition, equity may be a concern with the execution of such powers and authorities at the TEC level. At the RBC level (Q10), three (3) respondents each either “strongly disagree” or were “neutral” that power is exercised fairly. Presented and Summary Prepared by the Native Nations Institute 26 Grand Portage MCT Constitutional Convention Meeting, February 5-6, 2018 Nine (9) respondents either “strongly disagree” or “disagree” that the current MCT enrollment criteria reflect how they view themselves as Anishinaabe (Q11). Presented and Summary Prepared by the Native Nations Institute 27 Grand Portage MCT Constitutional Convention Meeting, February 5-6, 2018 The respondents expressed the most disagreement with the statements related to representation and equity (Q12-15). Five (5) respondents ‘strongly disagree’ and ‘disagree’ that the bands’ needs are equally considered (Q12), compared to one (1) strongly agree and two (2) agree responses. Four (4) respondents ‘strongly disagree’ and ‘disagree’ and four (4) were neutral that major TEC decisions include band input (Q13). Four (4) ‘strongly disagree’ and ‘disagree’ that there is ample opportunity to address concerns within the MCT government (Q14). And finally, four (4) respondents either ‘strongly disagree’ or ‘disagree’ and four (4) remained “neutral” with the statement that the MCT constitution serves the needs of the people compared to on (1) ‘agree’ response (Q15). Presented and Summary Prepared by the Native Nations Institute 28 Grand Portage MCT Constitutional Convention Meeting, February 5-6, 2018 The final set of questions seek community input on how to improve the MCT government. Respondents were asked to consider how much change they would like to see in the future (Q16). One (1) respondent answered the question suggesting that the tribe should “keep its current constitution and make amendments” to address some of the concerns (a. below). While seven (7) responded that there should be an entirely “new constitution” written (b. below). Zero (0) respondents elected to keep the constitution the way it is currently written. Presented and Summary Prepared by the Native Nations Institute 29 Grand Portage MCT Constitutional Convention Meeting, February 5-6, 2018 If the respondents chose to amend the constitution or write a new one, they were prompted to write what they think needed to be amended in the existing constitution or any major changes that needed to be included in a new constitution. a. Amend Existing Constitution The one (1) respondent chose not to include a response. b. Write a New Constitution Responses include: • “I would like a shiny new reformatted constitution that is written in a different format that the "boiler plate IRA constitution". It seems that amending the current constitution maybe easier or more palatable. I would like to see it changed.” • “Clear accountability by the people for important decisions” • “Reporting to the people before decisions are made” • “Like to see a Mission Statement” • “Division of power - Voting no RBC Members - Voting Elders Council” • “Everything, create a new document that reflect Anishanabe values and customs” • “Enrollment” c. Other Suggestions Five (5) respondents offered more suggestions to strengthen the MCT constitution. Responses included: • “I have but to read the constitution so I'm neutral about this issue.” • “Education and engagements of the membership, integration of teaching regarding the constitution/roles/responsibilities” • “Language that spells out the values and principles (Anishnabeg) that gives direction of a government aspect of community” • “General assemblies held at each reservation to collect each community profile for constitution changes” • “Create a participatory democracy, read the literature from The Age of Reason” Presented and Summary Prepared by the Native Nations Institute 30 Grand Portage MCT Constitutional Convention Meeting, February 5-6, 2018 General Information The demographics of the audience may help understand who attends the MCT Constitutional Convention sessions and how they may assist in future endeavors. In addition, it allows the elected leaders to discuss a strategy to engage members who are not attending the sessions. More female respondents (50%) submitted surveys than male respondents (30%). The respondents’ ages ranged from 19-71. 60% are employed and 100% are enrolled MCT citizens. Additional comments include: • “This presentation was very interesting and I hope to see/hear actual outcomes from this.” • “Education for all members 41,330 on the constitution and process for reform, so that we have a ‘shared understanding/foundation’ for which to go through the process of reforming the constitution. Mission Statement that reflects Anishanaabe values. Enrollment of 1/4 blood quantum is a federally imposed standard for membership. I believe that our people had valued one another and family values, culture and tradition over their blood quantum.” • “Inform the people of what is the current constitution by educating them so they can see where change is needed. Who other than elected council must be accountable and to inform the people.” • “Hold sessions to teach about the existing constitution as it stands. Hold a vote on each reserve to [change or] not change the constitution. Maintain a political voice for all Minnesota Indian peoples. State wide convention for reform at [US Stadium Bank]. Get this done - no lagging forge ahead - the constitution is overdue for a facelift. Get rid of interpretations – ‘interpretations’ come from the Business/political actions of the MCT members, ETAL. Makes no sense to write resolutions on how to interpret rules.” • “These meetings were very informative and inspiring - part of a wake-up call ----- Thank you for giving us a lot of [information]” The complete survey is located in Appendix B. Presented and Summary Prepared by the Native Nations Institute 31 Grand Portage MCT Constitutional Convention Meeting, February 5-6, 2018 Appendix A Presented and Summary Prepared by the Native Nations Institute 32 MINNESOTA CHIPPEWA TRIBE CONSTITUTION MEETINGS December 2017 – February 2018 Sponsored by the Minnesota Chippewa Tribe (MCT) with generous support from the Native Governance Center and the Grand Portage Band of Chippewa Presented & Facilitated by the Native Nations Institute, University of Arizona Grand Portage Lodge & Casino, Grand Portage, Minnesota Day 1: February 5, 2018 Time Agenda Item 11:30 a.m. REGISTRATION & LITE LUNCH 12:00 p.m. OPENING PRAYER WELCOME & PURPOSE • Grand Portage Band – Chairman Norman Deschampe • Minnesota Chippewa Tribe – Chairman Kevin DuPuis INTRODUCTIONS: FACILITATORS, PRESENTERS, & SPONSORS 12:30 p.m. SESSION 1: THE DEVELOPMENT OF THE MCT & CURRENT STRUCTURE — Philip Brodeen • History of the MCT Constitution • What are the powers and duties of the Tribal Executive Committee (TEC)? • What are the powers and duties of the Reservation Business Committees (RBC)? • How does the MCT work on a day-to-day basis in comparison to each Band? • Discussion: Does the current MCT Constitution accurately reflect who we are as a people today? 2:30 p.m. SESSION 2: THINKING STRATEGICALLY ABOUT MCT’S FUTURE — Native Nations Institute • Complete the following sentence: “I want my (grand)children to live in a tribal community where….” 3:00 p.m. SESSION 3: GOVERNMENT & CONSTITUTIONS: WHAT THEY ARE, DO, & LOOK LIKE ACROSS INDIAN COUNTRY — Native Nations Institute • The foundations of effective governments: What does a government do? • Defining a constitution in the broadest sense • The key issues a constitution needs to address • The diversity of constitutions and governing systems across Indian Country • Do you have the governance tools you need to achieve your strategic goals? 3:30 p.m. DISCUSSION (Small Groups) • What suggestions do you have in changing the MCT Constitution? 4:15 p.m. SMALL GROUP REPORTS 4:30 p.m. Adjourn 1 Day 2: February 6, 2018 Time Agenda Item 8:00 a.m. BREAKFAST 8:30 a.m. WELCOME, REVIEW OF DAY 1 DISCUSSION and REVIEW OF DAY 2 AGENDA 8:45 a.m. SESSION 4, ROUND 1: HOW DO WE STRENGTHEN THE MCT & BAND GOVERNMENTS? • Groupwork: What’s WORKING with the existing constitution of the: o MCT overall? o Tribal Executive Committee (TEC)? o Reservation Business Committees (RBCs)? 9:30 a.m. SESSION 4, ROUND 2: HOW DO WE STRENGTHEN THE MCT & BAND GOVERNMENTS? • Groupwork: What’s NOT WORKING with the existing constitution of the: o MCT overall? o Tribal Executive Committee (TEC)? o Reservation Business Committees (RBCs)? 10:15 a.m. HEALTH BREAK 10:30 a.m. SMALL GROUP REPORTS & CATEGORIZATION OF COMMONALITIES 11:15 a.m. SESSION 4, ROUND 3: HOW DO WE STRENGTHEN THE MCT & BAND GOVERNMENTS? • Groupwork: Of the issues identified in previous rounds, how might we address some of the key issues? 12:00 p.m. LUNCH 1:00 p.m. SESSION 5: STRENGTHENING OUR GOVERNMENT — HOW HAVE OTHER NATIVE NATIONS ADDRESSED THE PROCESS OF REVISING OR REFORMING THEIR CONSTITUTIONS? • Questions & Answers 1:15 p.m. DISCUSSION (Small Groups) — Based on what we’ve heard and discussed today, our recommendations for continuing the MCT constitution process are... 1:45 p.m. NEXT STEPS 2:00 p.m. ADJOURN 2 Grand Portage MCT Constitutional Convention Meeting, February 5-6, 2018 Appendix B Presented and Summary Prepared by the Native Nations Institute 33 Default Report MCT Grand Portage Constitutional Convention Survey March 19, 2018 2:25 PM MDT 1 - I understand the Minnesota Chippewa Tribe's Constitution and Bylaws. Strongly Disagree Disagree Neutral Agree Strongly Agree No Answer 0 0.5 1 1.5 2 2.5 3 Choice # Field Count 1 Strongly Disagree 10.00% 1 2 Disagree 10.00% 1 3 Neutral 30.00% 3 4 Agree 10.00% 1 5 Strongly Agree 30.00% 3 6 No Answer 10.00% 1 10 Showing Rows: 1 - 7 Of 7 2 - I understand the powers of the Tribal Executive Committee (TEC). Strongly Disagree Disagree Neutral Agree Strongly Agree No Answer 0 0.5 1 1.5 2 2.5 3 Choice # Field Count 1 Strongly Disagree 0.00% 0 2 Disagree 20.00% 2 3 Neutral 20.00% 2 4 Agree 20.00% 2 5 Strongly Agree 30.00% 3 6 No Answer 10.00% 1 10 Showing Rows: 1 - 7 Of 7 3 - I understand the powers of the Reservation Business Committees (RBCs). Strongly Disagree Disagree Neutral Agree Strongly Agree No Answer 0 0.5 1 1.5 2 2.5 3 3.5 4 Choice # Field Count 1 Strongly Disagree 0.00% 0 2 Disagree 10.00% 1 3 Neutral 30.00% 3 4 Agree 10.00% 1 5 Strongly Agree 40.00% 4 6 No Answer 10.00% 1 10 Showing Rows: 1 - 7 Of 7 4 - I understand how the Minnesota Chippewa Tribal government operates. Strongly Disagree Disagree Neutral Agree Strongly Agree No Answer 0 0.5 1 1.5 2 2.5 3 3.5 4 Choice # Field Count 1 Strongly Disagree 10.00% 1 2 Disagree 0.00% 0 3 Neutral 40.00% 4 4 Agree 10.00% 1 5 Strongly Agree 30.00% 3 6 No Answer 10.00% 1 10 Showing Rows: 1 - 7 Of 7 5 - I have read the Minnesota Chippewa Tribe's Constitution. Yes No No Answer 0 0.5 1 1.5 2 2.5 3 3.5 4 Choice # Field Count 1 Yes 40.00% 4 2 No 30.00% 3 3 No Answer 30.00% 3 10 Showing Rows: 1 - 4 Of 4 6 - The Minnesota Chippewa Tribe's election process is fair. Strongly Disagree Disagree Neutral Agree Strongly Agree No Answer 0 0.5 1 1.5 2 2.5 3 Choice # Field Count 1 Strongly Disagree 10.00% 1 2 Disagree 30.00% 3 3 Neutral 30.00% 3 4 Agree 10.00% 1 5 Strongly Agree 10.00% 1 6 No Answer 10.00% 1 10 Showing Rows: 1 - 7 Of 7 7 - The Tribal Executive Committee (TEC) exercises power fairly. Strongly Disagree Disagree Neutral Agree Strongly Agree No Answer 0 0.5 1 1.5 2 2.5 3 3.5 4 Choice # Field Count 1 Strongly Disagree 10.00% 1 2 Disagree 10.00% 1 3 Neutral 40.00% 4 4 Agree 10.00% 1 5 Strongly Agree 20.00% 2 6 No Answer 10.00% 1 10 Showing Rows: 1 - 7 Of 7 8 - The qualifications to run for the Tribal Executive Committee (TEC) are clear to me. Strongly Disagree Disagree Neutral Agree Strongly Agree No Answer 0 0.5 1 1.5 2 2.5 3 Choice # Field Count 1 Strongly Disagree 10.00% 1 2 Disagree 20.00% 2 3 Neutral 30.00% 3 4 Agree 10.00% 1 5 Strongly Agree 30.00% 3 6 No Answer 0.00% 0 10 Showing Rows: 1 - 7 Of 7 9 - The qualifications to run for the Tribal Executive Committee (TEC) are adequate. Strongly Disagree Disagree Neutral Agree Strongly Agree No Answer 0 0.5 1 1.5 2 2.5 3 3.5 4 Choice # Field Count 1 Strongly Disagree 22.22% 2 2 Disagree 11.11% 1 3 Neutral 44.44% 4 4 Agree 0.00% 0 5 Strongly Agree 22.22% 2 6 No Answer 0.00% 0 9 Showing Rows: 1 - 7 Of 7 10 - The Reservation Business Committee (RBC) exercises power fairly. Strongly Disagree Disagree Neutral Agree Strongly Agree No Answer 0 0.5 1 1.5 2 2.5 3 Choice # Field Count 1 Strongly Disagree 30.00% 3 2 Disagree 10.00% 1 3 Neutral 30.00% 3 4 Agree 20.00% 2 5 Strongly Agree 0.00% 0 6 No Answer 10.00% 1 10 Showing Rows: 1 - 7 Of 7 11 - Current enrollment requirements reflect how we view ourselves as Anishinaabe. Strongly Disagree Disagree Neutral Agree Strongly Agree No Answer 0 0.5 1 1.5 2 2.5 3 3.5 4 4.5 5 5.5 6 6.5 Choice # Field Count 1 Strongly Disagree 30.00% 3 2 Disagree 60.00% 6 3 Neutral 0.00% 0 4 Agree 0.00% 0 5 Strongly Agree 0.00% 0 6 No Answer 10.00% 1 10 Showing Rows: 1 - 7 Of 7 12 - The needs of each band are equally considered. Strongly Disagree Disagree Neutral Agree Strongly Agree No Answer 0 0.5 1 1.5 2 2.5 3 Choice # Field Count 1 Strongly Disagree 20.00% 2 2 Disagree 30.00% 3 3 Neutral 20.00% 2 4 Agree 20.00% 2 5 Strongly Agree 10.00% 1 6 No Answer 0.00% 0 10 Showing Rows: 1 - 7 Of 7 13 - Major Tribal Executive Committee (TEC) decisions include band input. Strongly Disagree Disagree Neutral Agree Strongly Agree No Answer 0 0.5 1 1.5 2 2.5 3 Choice # Field Count 1 Strongly Disagree 30.00% 3 2 Disagree 10.00% 1 3 Neutral 30.00% 3 4 Agree 10.00% 1 5 Strongly Agree 10.00% 1 6 No Answer 10.00% 1 10 Showing Rows: 1 - 7 Of 7 14 - There is ample opportunity to address concerns with the Minnesota Chippewa Tribal government. Strong Disagree Disagree Neutral Agree Strongly Agree No Answer 0 0.5 1 1.5 2 2.5 3 Choice # Field Count 1 Strong Disagree 20.00% 2 2 Disagree 20.00% 2 3 Neutral 30.00% 3 4 Agree 10.00% 1 5 Strongly Agree 10.00% 1 6 No Answer 10.00% 1 10 Showing Rows: 1 - 7 Of 7 15 - The Minnesota Chippewa Tribe's Constitution serves the needs of the MCT people. Strongly Disagree Disagree Neutral Agree Strongly Agree No Answer 0 0.5 1 1.5 2 2.5 3 3.5 4 Choice # Field Count 1 Strongly Disagree 30.00% 3 2 Disagree 10.00% 1 3 Neutral 40.00% 4 4 Agree 10.00% 1 5 Strongly Agree 0.00% 0 6 No Answer 10.00% 1 10 Showing Rows: 1 - 7 Of 7 16 - In looking to the future of the Minnesota Chippewa Tribal government, how much change do you think should happen? Do not change the current constitution. It is fine as is. Keep the current constitution and make amendments. Area(s) the need to be amended in the MCT constitution (if you know the article and section, please list it): A new constitution. The major changes would include: I am neutral on this issue. No Answer 0 1 2 3 4 5 6 7 Choice # Field Count 1 Do not change the current constitution. It is fine as is. 0.00% 0 Keep the current constitution and make amendments. Area(s) the need to be amended in the MCT constitution (if you know the article 2 10.00% 1 and section, please list it): 3 A new constitution. The major changes would include: 70.00% 7 4 I am neutral on this issue. 10.00% 1 5 No Answer 10.00% 1 10 Showing Rows: 1 - 6 Of 6 Keep the current constitution and make amendments. Area(s) the need to be a... Keep the current constitution and make amendments. Area(s) the need to be a... 16_3_TEXT - A new constitution. The major changes would include: A new constitution. The major changes would include: I would like a shiny new reformatted constitution that is written in a different format that the "boiler plate IRA constitution" It seems that amending the current constitution maybe easier or more palatable. I would like to see it changed. Clear accountability by the people for important decisions Reporting to the people before decisions are made Like to see a Mission Statement -Division of power - Voting no RBC Members - Voting Elders Council everything, create a new document that reflect Anishanabe values and customs enrollment Showing Records: 1 - 7 Of 7 17 - What other suggestions do you have for strengthening the MCT constitution? Please be as specific as possible: My suggestions are: No answer 0 0.5 1 1.5 2 2.5 3 3.5 4 4.5 5 5.5 Choice # Field Count 1 My suggestions are: 50.00% 5 2 No answer 50.00% 5 10 Showing Rows: 1 - 3 Of 3 17_1_TEXT - My suggestions are: My suggestions are: I have but to read the constitution so I'm neutral about this issue. Education and engagements of the membership, integration of teaching regarding the constitution / roles / responsibilities Language that spells out the values and principles (Anishnabeg) that gives direction of a government aspect of community General assemblies held at each reservation to collect each community profile for constitution changes create a participatory democracy, read the literature from The Age of Reason Showing Records: 1 - 5 Of 5 18 - What is your gender? Male Female Other: No answer 0 0.5 1 1.5 2 2.5 3 3.5 4 4.5 5 5.5 Choice # Field Count 1 Male 30.00% 3 2 Female 50.00% 5 3 Other: 0.00% 0 4 No answer 20.00% 2 10 Showing Rows: 1 - 5 Of 5 Other: Other: 19 - What is your age? I am: o answer 0 1 2 3 4 5 6 7 8 Choice # Field Count 1 I am: 80.00% 8 2 No answer 20.00% 2 10 Showing Rows: 1 - 3 Of 3 19_1_TEXT - I am: I am: 19 30 68 44 71 61 66 Showing Records: 1 - 7 Of 7 20 - What is the highest level of education you have completed? No formal education Elementary / Primary (Pre-K to 6) Middle / Junior High School (grades 7 - 8) High School (grades 9 - 12), no diploma / GED. High school graduate, received diploma / GED. Some college, no degree Associate's (2 year) degree Trade certificate Technology degree Bachelor's (4 year) degree Master's degree Doctorate degree No answer 0 0.5 1 1.5 2 2.5 3 Choice # Field Count 1 No formal education 0.00% 0 2 Elementary / Primary (Pre-K to 6) 0.00% 0 3 Middle / Junior High School (grades 7 - 8) 0.00% 0 4 High School (grades 9 - 12), no diploma / GED. 10.00% 1 5 High school graduate, received diploma / GED. 0.00% 0 6 Some college, no degree 20.00% 2 7 Associate's (2 year) degree 0.00% 0 8 Trade certificate 10.00% 1 9 Technology degree 0.00% 0 10 Bachelor's (4 year) degree 30.00% 3 11 Master's degree 30.00% 3 12 Doctorate degree 0.00% 0 13 No answer 0.00% 0 10 Showing Rows: 1 - 14 Of 14 21 - What is your current employment status? Employed Self-employed Retired Unable to work, not retired Out of work and not currently looking for work Out of work and looking for work Homemaker Student Other: No answer 0 0.5 1 1.5 2 2.5 3 3.5 4 4.5 5 5.5 6 6.5 Choice # Field Count 1 Employed 60.00% 6 2 Self-employed 20.00% 2 3 Retired 10.00% 1 4 Unable to work, not retired 0.00% 0 5 Out of work and not currently looking for work 0.00% 0 6 Out of work and looking for work 10.00% 1 7 Homemaker 0.00% 0 8 Student 0.00% 0 9 Other: 0.00% 0 10 No answer 0.00% 0 22 - What is your current marital status? Single (never married) Married Separated Divorced Common Law Marriage Widowed Committed Relationship, not living together Domestic Partner, living together Other: No answer 0 0.5 1 1.5 2 2.5 3 3.5 4 Choice # Field Count 1 Single (never married) 30.00% 3 2 Married 40.00% 4 3 Separated 0.00% 0 4 Divorced 0.00% 0 5 Common Law Marriage 0.00% 0 6 Widowed 20.00% 2 7 Committed Relationship, not living together 0.00% 0 8 Domestic Partner, living together 0.00% 0 9 Other: 0.00% 0 10 No answer 10.00% 1 23 - What is your MCT affiliation, check all that apply: Enrolled MCT citizen Married to a MCT citizen MCT descendant, not enrolled Parent of an enrolled MCT citizen Enrolled in another federally-recognized tribe. Please specify: Live on one of the band reservations of the MCT Work on one of the band reservations of the MCT Friend of the MCT Other: No answer 0 1 2 3 4 5 6 7 8 9 10 11 # Field Choice Count 1 Enrolled MCT citizen 100.00% 10 2 Married to a MCT citizen 0.00% 0 3 MCT descendant, not enrolled 0.00% 0 4 Parent of an enrolled MCT citizen 0.00% 0 5 Enrolled in another federally-recognized tribe. Please specify: 0.00% 0 6 Live on one of the band reservations of the MCT 0.00% 0 7 Work on one of the band reservations of the MCT 0.00% 0 8 Friend of the MCT 0.00% 0 9 Other: 0.00% 0 24 - Where do you live? I live on one of the band reservations. The reservation I live on is: I do not live on any of the band reservations. Other: No answer 0 1 2 3 4 5 6 7 8 9 Choice # Field Count 1 I live on one of the band reservations. The reservation I live on is: 90.00% 9 2 I do not live on any of the band reservations. 0.00% 0 3 Other: 0.00% 0 4 No answer 10.00% 1 10 Showing Rows: 1 - 5 Of 5 24_1_TEXT - I live on one of the band reservations. The reservation I live on is: I live on one of the band reservations. The reservation I live on is: G Grand Portage Band Grand Portage Grand Portage Grand Portage Grand Portage gichionigam Showing Records: 1 - 7 Of 7 Other: 25 - Comments and/or suggestions: Comments and/or suggestions: This presentation was very interesting and I hope to see/hear actual outcomes from this. Education for all members 41,330 on the constitution and process for reform, so that we have a "shared understanding / foundation" for which to go through the process of reforming the constitution. Mission Statement that reflects Anishanaabe values. Enrollment of 1/4 blood quantum is a federally imposed standard for membership. I believe that our people had valued one another and family values, culture and tradition over their blood quantum. Inform the people of what is the current constitution by educating them so they can see where change is needed. Who other than elected council must be accountable and to inform the people. Hold sessions to teach about the existing constitution as it stands Hold a vote on each reserve to [change or] not change the constitution Maintain a political voice for all Minnesota Indian peoples State wide convention for reform at [US Stadium Bank] Get this done - no lagging forge ahead- the constitution is overdue for a facelift Get rid of interpretations - "interpretations" come from the Business/political actions of the MCT members, ETAL. Makes no sense to write resolutions on how to interpret rules. These meetings were very informative and inspiring - part of a wake-up call ----- Thank you for giving us a lot of [information] Showing Records: 1 - 5 Of 5 End of Report