The tribal dispute has resulted in the closure of the tribal casino, which has had a severe negative impact on the tribe and the local economy. Grassley is concerned because the closure has resulted in 1,281 area residents losing their jobs. As a result, Grassley is asking the Department of Interior to review the tribal constitution and consider holding another special election that will be recognized by the Bureau of Indian Affairs.
Grassley is also contacting the National Indian Gaming Commission with a letter from Magistrate Judge John Jarvey, the judge responsible for mediating the dispute, stating that the closure of the casino by the commission has made a resolution of the dispute more difficult. Grassley is urging the commission to make arrangements to reopen the casino.
"For these federal agencies to remain uninvolved in resolving this dispute is unacceptable. Closing the tribe's casino without helping to resolve the differences has only hurt the members of the Meskwaki Nation and the local community, not moved the parties any closer to a solution," Grassley said. "It is amazing to me that these agencies have stood idly by as over 1,000 area residents have lost their jobs."
Copies of the letters follow here:
June 6, 2003
The Honorable Gale A. Norton
Secretary of the Interior
1849 C Street, NW
Washington, DC 20240
Dear Secretary Norton,
I am writing to you about an urgent matter related to a tribal governance dispute within the Sac & Fox Tribe of the Mississippi in Iowa. As a result of the failure to resolve this dispute, the tribal casino has now been closed. Not only has this dispute caused anguish for the members of the Meskwaki Nation, but this has resulted in the loss of 1,281 jobs, a great many of which are held by non-tribe members. In short, a prolonged dispute would have a devastating effect on both the tribe and the local economy. While I have contacted the National Indian Gaming Commission separately regarding the decision to close the casino, I would ask that you review your agency's role in helping to resolve the tribal leadership dispute.
This dispute began when members of the tribe submitted a petition for a recall election for each of the members of the tribal council lead by Chairman Alex Walker, Jr. The tribal constitution calls for regular elections every four years, but requires the tribal council to hold a special election if a recall petition is submitted to the council. When the tribal council did not act on this petition, members of the tribe took further action which ultimately led to the appointment of an alternative tribal council by the hereditary tribal chief. This new appointed council, led by Homer Bear Jr., assumed control of tribal operations.
Negotiations began between the two sides toward the holding of new elections and were reportedly close to an agreement when the National Indian Gaming Commission issued a closure order for the casino based on a decision by the Bureau of Indian Affairs to declare that the council led by Alex Walker, Jr. was the recognized government of the tribe. The negotiations between the two sides of the dispute broke down at that point.
Despite the lack of a final agreement, the council led by Homer Bear, Jr. held a special election for the tribal council, with observers from the U.S. Department of Justice and other outside monitors. While the results of this election favored the persons on the ballot who were also members of the council led by Mr. Bear, the election was not recognized by the Bureau of Indian Affairs. I understand that the basis of that decision was that the election was not held in strict accordance with the tribal constitution, which provides that elections be conducted by the tribal council.
While I understand the importance of strict adherence to the tribal constitution and the rule of law, the actions by the Bureau of Indian Affairs to date have not brought this matter any closer to a resolution. At this point, it appears that only a special election, held in accordance with the tribal constitution and recognized by the Bureau of Indian Affairs, will bring final resolution to this matter. In fact, if the recall petition that was submitted to the council led by Alex Walker, Jr. is valid, the tribal constitution would appear to mandate that a recall election be held. I would urge you to closely examine this issue and to actively work with the tribe to provide advice and direction with respect to the process for holding new elections in accordance with the tribal constitution.
I would appreciate any information you could send me regarding this matter. Please direct your response to my Washington office.
Thank you for your attention to my request.
Sincerely,
Charles E. Grassley
United States Senator
June 6, 2003
Philip Hogen, Chair
National Indian Gaming Commission
1441 L Street NW, 9th Floor
Washington, DC 20005
Re: Sac and Fox Tribe of the Mississippi (Meskwaki)
Dear Mr. Hogen:
Thank you very much for your June 2, 2003 response to my inquiry on behalf of those constituents who had contacted my office about the Commission actions to close the Meskwaki Bingo Casino. While I appreciate your concern about discussing a matter which may be under appeal, the 8th Circuit Court of Appeals appointed Magistrate Judge John A. Jarvey to mediate a resolution.
Enclosed is a copy of a letter provided to my office by Judge Jarvey. The Judge has also met with my staff regarding this matter. As a result of the mediation that took place, Judge Jarvey has concluded that any resolution of this matter must be lead by your agency and the Bureau of Indian Affairs. He states that while your insistence on a working Tribal government is laudable, the closure of the casino has actually made a resolution of the tribal leadership dispute more difficult. Judge Jarvey states prior to the casino closure order, with the help of the NIGC, the two Tribal Councils were close to a mediated solution for a shared power agreement and the scheduling of elections.
I have contacted the U.S. Department of the Interior separately to urge that agency's active involvement in resolving the tribal leadership dispute. In the meantime, I urge you to review the concerns expressed by Judge Jarvey and seek a solution that would allow the casino to reopen as soon as possible in order that the Tribe and the people of Tama County can resume their lives without hardship. I would appreciate any additional information you could send me regarding this matter. Please direct your response to my Cedar Rapids office.
Thank you for your attention to my request.
Sincerely,
Charles E. Grassley
United States Senator