Mille Lacs Band election wrangling

The former Mille Lacs Band of Ojibwe chief executive Melanie Benjamin announced her plans to run for re-election several weeks ago. She filed for certification by the Band Assembly and she was denied the opportunity to run for re-election. They said she was not eligible.

Since then, the matter has been brought before the Tribal Executive Committee, not once but twice. The committee met again on Monday, Dec. 8 in a special session to discuss the election certification.

Sources who were at the meeting said the committee heard arguments from Herb Weyaus and MLB solicitor general Rjay Brunkow. Apparently the question was raised as to why Benjamin wasn't certified in the first place, because in the eyes of the TEC she met all of the criteria according to the Minnesota Chippewa Tribes Constitution.

Weyaus said it was because Benjamin was convicted of stealing money from the tribe. When the committee asked if Benjamin had indeed been charged, tried and convicted of any crime, Weyaus said yes — in his eyes. "Her removal is our conviction," he said.

When the committee asked if she had been charged, tried and convicted in any court, Brunkow said she could be charged in tribal court within two weeks. Brunkow explained in a follow up phone call later what he said was if his office could conduct interviews and build a case he would be able to charge Benjamin in tribal court, under tribal law.

That is not the same as being charged in State or Federal Court. In Tribal Court, under Band statutes and tribal law, Benjamin could be charged and tried. Any conviction in tribal court would have no baring on state or federal law. For the sake of argument, let's say the tribal court makes a ruling that Benjamin is guilty. The only means of punishment the ML Band has is basically restitution and they can withhold her per cap payments and other funding. There is no jail agreement in place between the ML Band and any county or tribal jail. Benjamin could still be charged and tried in state/county and/or federal court.

I asked Brunkow why, when the alleged crime was committed in Mille Lacs County, and the crime allegedly involved quite a bit of money, did he not refer the case to the county and have the county investigate and leave the charging decisions to the county attorney. Basically removing any possible conflict of interest and it may perhaps have been a faster means to the end than waiting for the federal government.

Brunkow said the Band is cooperating with the federal government.

The TEC said this is a constitutional issue and they have an obligation to uphold the Constitution. They made their opinion clear this is not an issue of "who we like and who we don't." It is constitutional. Period.

The TEC passed a motion that their interpretation of the constitution and election statutes that Benjamin is eligible to be a candidate. The motion was seconded, voted 9 in favor to 2 against. Weyaus and Blake were the 2 votes against.

Now comes a tricky part. The primary election will be held next Tuesday, Dec. 16. The ballots have apparently all been printed prior to the TEC meeting. Benjamin is not on the ballot. The MCT does not recognize write-in votes.

It will be interesting to see what happens next. The Band can take action to post pone the election long enough to re-print the ballots and put Benjamin on the ballot. That most likely will not happen, Brunkow said.

The election will most likely continue as is, unless something major comes up between now and then — in four days.

So, what happens after the election? What are the possible consequences to the Band for not recognizing Benjamin as an eligible candidate? Even after the TEC recognized the Band Assembly is not in accordance with the MCT Constitution?

Mark Anderson, attorney for the MCT said there are a couple of possible scenarios:

1) The TEC may do nothing. They may take the stand that the ML Band held a valid election and should not punish the newly elected.

2) The TEC could decide not to recognize the newly elected chief. The Chief would, then, not be recognized by the MCT. It would be like there is no chief of the Mille Lacs Band.

3) The TEC could censure the ML Band in future votes. The representatives from Mille Lacs could attend TEC events, but they may not be eligible to have a voice.

What actually will happen, is not known. We will not know until after the vote.

I asked Brunkow why the Band didn't just put Benjamin on the ballot and let the people decide if they felt she was worthy of the position or not. Brunkow maintained the position that Benjamin is guilty of a crime — although not charged, tried or convicted in any court, tribal state or federal. The Band would like to attain restitution and find a mechanism to keep this from happening again.

Hummmm, isn't that mechanism already in place? Isn't that what the seperation of powers is suppose to do? Isn't that Herb Weyaus's job as secretary treasurer? to oversee all financial operations of the Band? And if he could not be bothered with the housing development department, then there is the commissioner of finance that is suppose to oversee the financial operations of the departments. One would think there would be a series of checks and balances in place and SOMEBODY should have noticed there was a bunch of money missing, or that bills were not being paid and that houses and buildings were not being built. If they don't have time to deal with housing monies, are they doing everything they can to ensure the gaming monies are put in the right place? What about the funding for the Band members trust funds? Who is watching that money?

Just a thought.

Peace.