blog.thecenterforlumbeestudies.org

 Thanks to the newly-formed Lumbee Sovereignty Coalition for sharing the following information about the Controversial Contract between the Lumbee Tribe and Lewin International as our exclusive recognition leader (sic). This contract also led to the dismissal of Arlinda Locklear as the Tribe’s Federal Recognition Attorney. We encourage our readers to examine this material carefully and react accordingly.

 Timeline of the Contract *

 September 2009: Chairman Jimmy Goins submits an ordinance to prevent “exterior parties” from communicating on behalf of the Lumbee Tribe in relation to federal recognition.

• December 28, 2009: Chairman Jimmy Goins and Council members Sharon Hunt, Pam Spaulding and Ricky Burnett sign the contract with Lewin International. None of the other Council members are informed about the contract.
• Mid-February: The full Tribal Council first learns about the existing contract with Lewin International.
• March 9, 2010: Arlinda Locklear submits her opinion of the contract, including her understanding that the contract replaces her.
• March 10, 2010: Attorney Ed Brooks, representative for the Tribe, submits a letter to the Tribal Council refuting Ms. Locklear’s concerns and expressing support for the contract with Lewin International.
• March 12, 2010: D.C. attorney Kevin Wadzinski submits his opinion to Ed Brooks, which states: this is a gaming management contract; the penalties far exceed the value of services provided; and the contract gives complete control over funding the recognition effort to Lewin International.
• March 13, 2010: The Tribal Council votes to ratify the contract at a previously unannounced, out of district meeting at the NC Indian Unity Conference in Raleigh.
• April 15, 2010: The decision of the Tribal Council to ratify the contract will become final if the Council codifies the actions of the March 13^th meeting according to tribal ordinance CLLO-2006-0720-01: General Ordinance on Content and Form of Ordinances and Resolutions. The ordinance must be posted for 30 days and requires the tribal Chairman to sign or veto the ordinance.

 Top Ten Things you Should Know About the Contract

Between Lewin International and the Lumbee Tribe

__________________________________________________________________

 Who Did It?

On December 28, 2009 Jimmy Goins, Sharon Hunt, Pam Spaulding and Ricky Burnett signed a contract with Larry Lewin. In this contract, Larry Lewin contracted on behalf of Lewin International (“Lewin”) and the four Lumbee representatives named above contracted on behalf of the Lumbee Tribe of North Carolina (“the Tribe”). The Tribal Council held a meeting on March 12, 2010 where the council voted to ratify the contract. If the minutes from that meeting are approved then the contract will become binding on the Tribe. Those minutes will be presented at the Tribal Council meeting on April 15, 2010.

 What Happened?

The Tribe hired Lewin as the “exclusive” advisor and consultant in the Tribe’s federal recognition effort. No one else can speak on behalf of the Tribe about the Tribe’s federal recognition effort, including employees of the Tribe. The Tribe cannot enter into any other agreement with anyone regarding the Tribe’s federal recognition effort.

 Comment: As elected officials of a sovereign government, the Tribe’s leaders should have the right to communicate directly with third parties with respect to the Tribe’s recognition. This is especially the case with respect to communications with members of the Congress and staff. It is common experience that such communications are necessary and ultimately far more effective than communications through advisors or consultants.

 Another concern regarding the “exclusive” advisor and consultant restriction is that the contract does not establish an agreed upon budget for recognition costs, nor does it contain a mechanism to establish a budget for such costs. As such, the amount of funding for the Tribe’s recognition effort is entirely at the discretion of Lewin.

 *As of March 31, 2010, Lewin International has not registered a lobbyist on behalf of the Lumbee Tribe. It is likely that the current recognition bill will die unless progress is made by the end of May.

 Does This Ever End?

The contract will last until January 3, 2011. If the Tribe is not recognized by December 4, 2010, then the Tribe and Lewin must negotiate to extend the contract beyond January 3, 2011, but there is no obligation to agree on an extension. Thus, if the Tribe and Lewin do not agree to an extension, the contract ends on January 3, 2011.

 Is This About Gaming?

The purpose of the contract is to obtain federal recognition for the Tribe through legislation (a bill in Congress), and the contract states that it is preferred that the bill include gaming authority for the Tribe. For this purpose, Lewin will select a lobbying law firm to assist Lewin in getting a federal recognition bill passed by Congress for the Tribe that includes gaming. The current bill has a restriction against gaming and this could be construed as the Tribe having a desire to have gaming.

 What If The Tribe Isn’t Recognized After All?

If the Tribe is not recognized by January 3, 2011 then the Tribe has no obligation whatsoever to pay Lewin anything at all.

  What If The Tribe Is Recognized?

1. If the Lumbee Tribe is federally recognized by January 3, 2011 through current legislation, which prohibits gaming, Lewin will be compensated by:
   1. A Development Management Agreement – which will allow Lewin to develop and implement the master plan for the Lumbee Tribe’s property (described by the agreement). This means Lewin International will decide what goes on that property including all restaurants, hotels, gas stations, water parks, etc. Lewin will also be paid 3% of the Cost of Work for the Master Plan and $400,000 per year as an expense stipend.
   2. OR: Lewin will be paid $13 million within 25 months after the Lumbee Tribe is federally recognized.

1. If the Lumbee Tribe is federally recognized by January 3, 2011, Lewin will also get:
   1. An agreement giving Lewin the exclusive right to manage all the Tribe’s non-gaming operations on the property.
   2. OR: The Tribe will pay an additional $7 million.

1. If the Lumbee Tribe is federally recognized and obtains the right to conduct gaming by January 3, 2018, Lewin will also get:
   1. A management contract for any gaming activities conducted on the property.
   2. Lewin will get 30% of the net gaming revenue and all of its expenses in managing the operation(s).
   3. OR: The Tribe will pay Lewin an additional $35 million.

1. If the Tribe is federally recognized with the ability to conduct gaming and members vote against a referendum to allow gaming, the Tribe will still owe Lewin at least $35 million.

 Who’s Pays For It?

No member of the Lumbee Tribal Council or Chairman is liable for the contract because the contract has been authorized by a majority vote of the Tribal Council. As such, the Tribe itself is liable for the contract.

  Does Our Sovereign Immunity Protect Us?

The Lumbee representatives named above waived the Tribe’s sovereign immunity entirely. As such, Lewin can take any assets of the tribal government and any money due to the tribal government in order to enforce the contract. Also, an arbitrator can require the Tribe to amend the Lumbee Constitution if necessary for Lewin to collect from the Tribe.

 Is This A Secret Contract?

No one associated with the Tribe or Lewin can disclose any of the terms of the contract to anyone else. But if the terms of the contract become public knowledge then persons associated with the Tribe and Lewin may disclose the contract’s terms freely, so long as the terms of the contract did not become public knowledge as a result of breach of the agreement.

 What if Lewin and the Lumbee Tribe have a Disagreement?

Any dispute about this contract must be determined by arbitration in Washington, DC by JAMS ADR which is headquartered in Irvine, CA. The party that wins in arbitration will get their attorneys’ fees covered by the losing party. The laws of Connecticut will apply. The Tribe agrees to abide by any judgment including a judgment that requires it to amend its Constitution. The agreement also binds the Lumbee Tribal Court by any such judgment.

 TAKE ACTION

 Contact your Tribal Council representative and request answers to all your questions about the contract.

• Discuss the contract with those in your community.
• Attend the LSC demonstration at the next Council meeting, Thursday, April 15, 2010 at 6pm at the new tribal complex.
• Continue to hold your tribal leadership accountable for their decisions.
• Support the Lumbee Tribe’s current legislation for full federal recognition.

 *  http://lumbeesovereigntycoalition.com/

Every one has seen the cereal commercial. “Tricks are for kids”. Let’s apply this to our democratic process. Dirty tricks in politics have been around for as long as there has been politics. When it comes to dirty tricks in politics, no group is innocent. Campaigns, political parties, and independent groups all use less savory techniques like opposition research and dirty tricks. The goal? To transform their opponent into a person they think that voters won’t really like

According toWikipedia, the free encyclopedia, Dirty tricks are unethical, duplicitous, slanderous or illegal tactics employed to destroy or diminish the effectiveness of political or business opponents. The term “dirty trick” can also be used to refer to an underhanded technique to get ahead of an opponent (such as sabotage or disregarding rules of engagement).

Leaking secret information, digging into a candidate’s past (opposition research) or exposing real conflicts between the image presented and the person behind the image are always subject to argument as to whether they are dirty tricks or truth-telling..  

However, manufactured, irrelevant, cruel and incorrect rumors or outright falsehoods designed to damage or destroy an opponent are dirty tricks that are much too prevalent in the campaigns of today. Often, the damage to the candidate is complete regardless of the truthfulness of the accusation. The rumors about Jefferson having a black mistress go back to his original presidential campaign. That was sort of a whisper campaign even then — that he had fathered a child. There was a lot of dirty politics, even then

Most dirty tricks don’t have to be substantiated. Often, the rumor of wrongdoing of one candidate is another’s “political strategy.”  Stories of drinking and driving, wife beating, unsavory character association or theft from years past usually are just that, stories! They serve to tie up the opponent into defending against and answering false charges rather than explaining their policies and platform. They shift the focus from the real issues. We, the constituents lose. We need real information about the real issues of our county.

Sometimes dirty tricks are not only aimed at slandering the opponent. Dishing the dirt against your candidate’s opponent can be effective at alienating voters in order to turn them off from the entire project. It can uproot the story a candidate wants to tell about themselves. That’s what happened to Pat Buchanan in 1992, when he was running as an all-American, anti-immigration candidate.

The Bush campaign figured out that Buchanan drove a Mercedes, and so they ran ads, and said Mr. America First drives a German-made car. It was devastating, because he looked like such a hypocrite. He was always talking about “America first.” It was a true thing. There was nothing dirty about it. But the fact that they made such a big deal about him driving a foreign car was really seriously damaging to his campaign.

These tactics may reduce turnout in order to assure your candidate gains by having their core voters show up at the polls; thus, an operative molds the outcome by angering everyone.

Is this how we want to run our election process? Let’s hold our elected official and those running for office to a higher standard.  We deserve better. Stick to the issues and stay away from the stupidity, lies and innuendo.

At what point does democratic America fail? When does she loose her ability to govern? Only when her subjects loose faith in her principles. Only when her subjects no longer feel the need to participate in her existence.

Abraham Lincoln once said of America’s fate that ‘If destruction be our lot we must be its authors and finishers.’ He was referring to the Civil War not voter participation, but his sentiments echo through the corridors of time. If we, as Americans, refuse to stand and take our responsibility as Americans and if those in power do not do something to change the structure of our voting system we are surely domed. How can our nation survive as we know it with only a small percentage of the population voting. When the responsibility is kept in the hands of the few, the hands of the many will soon think those of the voting minority to be tyrants — and their policies tyranny.”

An intrinsic element in the success of a democratic society is the willingness of the people to be self-governing. In modern America, to say that we have a government that is for, by, and of the people does not mean that each citizen is autocratic and simply ‘takes the law into his or her own hands,’ but rather that each citizen has the responsibility to actively participate in this large-scale experiment known as American Democracy.

The word “vote” causes many different reactions from people. Some become aggressive and begin to express their opinions on various political issues while others try to avoid the topic completely. However, there is a vast majority who rely on pat answers to support their neglect in voting. They use excuses such as, it doesn’t matter if they vote or not because their one vote couldn’t possibly make a difference. They say they don’t understand politics its just too confusing. Some feel that politicians are crooks so they need not bother voting at all. These are just a few of the common excuses heard from people who do not vote. All of these excuses surely won’t make a difference in an election but one vote definitely will.

There have been many close elections in history that would have had a different outcome if only one percent more had voted. The Presidential election of Kennedy vs. Nixon is a good example. That election was decided by Illinois with an average of only two voters per precinct. This small percentage of voters gave Kennedy victory over his opponent and put him in office.

Knowing how important your vote can be should propel you to take the time to make a difference. After all if you live in this country the changes politicians make affect everyone in one aspect or another. Voting has become easier now than it has ever been, you can register when you renew your drivers license and you can vote at various locations in every town. Most employers will give you the time off to go to the polls. Simply put, because voting has become so convenient and because you have now become aware of it’s importance you have also been left with no good reason not to vote. If after reading this and you agree that we all share the responsibility of political involvement then share your opinions with others and encourage them to vote as well.

Politicians are only concerned with those who vote. If you don’t vote, they cant hear what you have to say. Not only is voting your right, it is also your duty as an American. If you care about your country, or your children’s future, then you should vote. If you have an opinion, use it.

Civil and political rights are a class of rights and freedoms that protect individuals from unwarranted government action and ensure one’s ability to participate in the civil and political life of the state without discrimination or repression. This is the fundamental foundation of our constitution. However, this is not the case in Robeson County.

Political rights include:

Natural justice (procedural fairness) in law such as the rights of the accused, including the right to a fair trial; due process; the right to seek redress or a legal remedy

Individual political freedom, including rights of individuals (freedom of thought and conscience, freedom of speech and expression, freedom of religion, freedom of the press, freedom of movement) and the right to participate in civil society and politics; Once again, this is not the case in the Robeson County sheriff’s office.

It is generally accepted that governments may apply political criteria in recruiting decision-makers at the top levels of public administration, and most governments do so. But these political appointments must be clearly defined and limited in nature so as to prevent abuse. It is a different matter when career civil servants, such as our qualified law enforcement officials, are hired or dismissed in blanket fashion solely because of their presumed political views, whether such discrimination operates by law or occurs informally.

To throw someone out of their profession which they have been attracted to, trained and qualified for on the basis that they might support someone else is a form of unjust discrimination. It is time to hold our elected sheriff accountable for his actions. We need Career law enforcement officers. To fire someone who has a long and distinguished career in law enforcement, because he exercises his constitutionally protected right to campaign and vote for the candidate of his choice is a slap in the face of justice. To dismiss a career officer because he supports the American right to vote is plain wrong. The motto, “Protect and Serve” is geared toward the public, not the sitting sheriff.

The Sheriffs office has forgotten why they came into existence – to protect the individual. Freedom of expression and association is fundamental..

Our sheriffs’ office must be above this type of political shenanigans. It’s time to end this archaic practice of decimating the ranks of good law enforcement officers. The Sheriffs office should promote according to skill and experience.  I know the law allows the Sheriff to do it. I know it’s legal. But that doesn’t make it right. In 1863, it was legal to own slaves. But that didn’t make it right.