I first started at the Bemidji (Minn.) Pioneer as an intern in the summer of 1996. That would begin six years as a news reporter, sports reporter and copy editor for a small, six-day-per-week daily newspaper in northern Minnesota. I wrote a large range of stories from multiple beats, to features to sports, my favorite being the coverage of the Red Lake Reservation High School basketball team named the Warriors. Here is a collection of my stories from my time at the Pioneer.
Aug. 11, 1999
By Devlyn Brooks
The Leech Lake Band of Ojibwe announced Tuesday it has completed a revised Tribal Employment Rights Ordinance, and that it is available to the public for comment.
"We fell confident that the revised TERO plan will be viewed positively by those expressing concern with the original ordinance," Leech Lake Chairman Eli Hunt said in a news release.
Copies of the TERO ordinance will be available to anyone interested, said Leech Lake tribal attorney Joe Plumer, and the tribe will accept written comments through Sept. 7.
Comments that are applicable could be incorporated into the final TERO draft to be produced at the end of the comment period, Plumer said.
The announcement ended about a six-week period during which the tribe had suspended enforcement of the TERO ordinance to address the concerns of the public and local governments.
Leech Lake's TERO ordinance, which was enacted in December, sparked a controversy in May when the tribe announced it would enforce rules assessing fees to construction projects within the reservation's boundaries and rules governing the employment of American Indians on such projects.
About a month later, the band announced it was suspending its TERO ordinance for 30 days to address various concerns.
The revised TERO ordinance includes three major revisions, Plumer said, including reducing fees assessed to construction projects, limiting the scope of the ordinance to construction contracts that are consensual contracts with the band and providing incentives for those willing to voluntarily comply with TERO.
The most important change is that TERO will be applied only to construction projects that are consensual with the band.
The expansion of the Cass Lake Indian Hospital that is taking place is an example of a consensual project with the band, Plumer said. The Indian Hospital is a federally maintained facility, and agreed to follow Leech Lake TERO guidelines during its expansion.
Another example, he said, would be Minnesota Department of Transportation highway projects that affect the reservation. MnDOT has already agreed to abide by TERO ordinances across the state.
Plumer said there will be no fee assessed on non-consensual projects except when reimbursement is available to the contractor, such as on County State Aid Highway projects. CSAH roads are maintained by county highway departments, but are maintained with federal money. Therefore, he said, contractors working on CSAH projects can receive 100 percent reimbursement on any fees assessed by TERO ordinances.
Originally, the TERO ordinance called for a three tier system of fees to be charged to any private or public construction project within the boundaries of the reservation. Projects totaling more than $200,000 would have been assessed a 3 percent fee; projects from $10,000 to $200,000 would have been assessed 2 percent; and projects under $10,000 would have been assessed a flat fee of $25.
This money would have been paid to Leech Lake's TERO office to pay for training programs for the tribes many unemployed people.
The revised ordinance dropped the fees to 2 percent for projects over $200,000 and a 1 percent fee for projects under $200,000. But the money will still be directed to the TERO office.
The third major change includes providing incentives for those not obligated to follow the ordinance to voluntarily do so.
For instance, Plumer said, there is funding available for contractors willing to hire TERO certified Leech Lake band members. Under the Job Training Partnership Act, contractors hiring American Indians can receive money to help pay the person's salary for a specific amount of time.
A second benefit to contractors hiring Indians is that the IRS provides the Indian Employment Credit which awards a 20 percent credit to employers hiring Indians, Plumer said.
He added there are many other advantages for those willing to follow TERO guidelines.
"The (Leech Lake Tribal) Council members are really concerned with making this work toward the ultimate goal that has always been hiring Indian people," Plumer said.
Cass County Board Chairman Virgil Foster said he was glad to hear of the revisions because the county had told the tribe it felt the original TERO ordinance was too intrusive.
"That's the way the (federal TERO) laws are written, and they were expanding on them," Foster said of the original ordinance assessing fees on all construction projects -- public or private. "We knew that. This is why we balked."
The Cass County Board took a rigid stance against TERO in early June, directing all county departments not to execute any contract or comply with any order that recognized the sovereign authority of the band in respect to TERO.
In addition, the board's resolution asked Attorney General Mike Hatch's office to rule on the legality of the band's TERO ordinance. The attorney general's office conducted interviews with representatives of the county and tribe over the last month.
Foster said the attorney general's office agreed with the county and that Leech Lake's TERO laws went further than allowed under federal TERO guidelines.
Plumer said the attorney general's office was supportive of the band's effort to employ more Indians, and that it reiterated support for MnDOT's position of adhering to TERO guidelines.
Hunt said although the revision process took longer than expected, he is happy with the revised ordinance.
"I think what we should have done in the first place was put (the ordinance) out for public comment last December," he said. "It was an oversight. It's the right thing to do."
Although the revised TERO ordinance will be mailed to Local Indian Councils, contractors and county governments, others interested in receiving a copy of the revised ordinance may contact the Leech Lake TERO office at (218) 335-8374.
All comments must be submitted in writing to the Leech Lake TERO Department, 6530 Highway 2 N.W., Cass Lake, MN 56633.
Comments will be accepted through Sept. 7.
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