North Carolina Newspapers

th Carolina imdiam Voice Published each Thursday by First American Pembroke, NC VOLUME 26 NUMBER 2 THURSDAY, JANUARY 14, 1999 TWENTY-FIVE CENTS Court Rules Neither LRDA nor Tribal Council is Government but Gives LRDA "Limited Authority" to Act on Behalf of Tribe by Connee Brayboy Quoting extensively from the Lumbee Petition for Federal Acknowledgment (1987). Judge Howard Manning decided the case of the Lumbee T ribe of Cheraw Indians vs Lumbee Regional Development Association on Monday. In a 96-page opinion. Judge Manning decided that neither the LRIM nor the Tribal Council was the government of the Lumbee people. With a great deal of detail, historical information, quoting of minutes and other documents, Manning ruled that the Constitutional Assembly which drafted the Lumbee Constitution was indeed a project of LRDA, formed to expedite the Lumbee Bill before Congress at that time. He further stated that the delegation violated their ovyn procedures and did not have the right to put the document up for a vote of the people without the express permission of LRDA. On the other hand, he clarified the 1984 tribal referendum that gave limited authority to LRDA to serve as the government of Lumbee people for the purposes of federal recogn ition. His order prohibited LRDA from holding itself out as the tribal government and placed the same restriction on the tribal council but did acknowledge that the tribal council was a viable organization within the Lumbee community. While they maintain status as a "body politic, he said, they are not the government. Part of the suit, according to Manning's procedural history of the case included in his order, was for the court to recognize the tribal council as the governing body of the tribe. t "The issue," the order said, " is which, if either entity, the Tribe or LRDA, is the governing body of the Lumbee Tribe of North Carolina." The order continued by stating: "Courts have the authority to hear cases involving disputes within Indian Tribes, in the area of elections and form of tribal government when there is no tribal remedy in which to grant the relief. Coodface v. Grassrope. 7008 F. 2d 235, 339 (8th Cir. 1983). Counsel for the parties have advised the Court that this dispute is the first of its kind that they are aware of in the United States." Manning's order prohibits LRDA from naming itself as interim government in any future Congressional efforts toward federal recognition of the tribe. A portion of Manning's summary follows: "The Court has determined as a matter of law, the following: " 1. The Lumbee Tribe of Cheraw Indians is not the governing body of the Lumbee Tribe, although the Lumbee Tribe of Cheraw Indians is a recognized organization and body politic within the Lumbee Community. "2. The LRDA is not the governing body of the Lumbee Tribe, although the LRDA possesses the limited authority to act as the 'governing body' for purposes of obtaining and administering federal programs . and funding to the Lumbee people as a state recognized tribe, and for purposes of federal'recognition. "3. The Lumbee People, by virtue of their participation in the 1994 referendum on the purported Lumbee Constitution, have expressed a de sire for their own form of government, a right which belongs to the Lumbee People and a right which is guaranteed to them by their status as a sovereign Indian Tribe. "4 Neither the Lumbee Tribe of Cheraw Indians, nor the LRDA, despite tiie limited authority to act on behalfof the Lumbee People, has the right to interfere with or enjoin, the Lumbee People from exercising, by referendum, or election, their right to choose and select the form of tribal government they desire , or to interfere with or enjoin the formation of such a government by the Lumbee People. "5. Since there is a dispute (unsolved dispute) over which body, if either, the Lumbee People wish to have as their government, the Lumbee People should be provided with the opportunity to hold, as soon as practicable, a referendum to voice their opinion on what type of government they desire, and then, go forward to form it. Both the LRDA and the Lumbee Tribe of Cheraw Indians are entitled to participate in such a process so long as the Lumbee People ? are also included in the decision making. "6. The Court does not have the authority to tell the Lumbee People what type of government they should select, nor does the Court have the authority to make the State of North Carolina, or the N.C. Commission on Indian Affairs, as non-parties, fund the governmental process or any referendum. Such funding must be found by the Lumbee People and its governmental representatives." In conclusion, the order states in part: "In theja?e of disagreement as to what the government should be. history shows us one solution. In 1951 the Lumbee Brotherhood lob- bied the General Assembly to change v the name of the'recognized tribe to the Lumbee Indian Tribe. The N.C. General Assembly, in its wisdom tind respecting the sovereignty of the Lumbee People, resolved that the Lumbee People should provide the answer to the dispute by means of a referendurti.vA referendum was held and the majority voted a change of name to the Lumbee Tribe. "This same form of self-determination remains available to the Lumbee People as a result of the Court's decision this day. The Court . recommends that the parties in this case, the tribal elders and other Lumbee Indians interested in resolving the question of government, go forward in a spirit of doing the best for the Lumbee People and put the appropriate question, or questions to the Lumbee People as to what form of government it wishes to create at this time. "The Court would respectfully request, as it certainly cannot order, the N.C. Commission on Indians Affairs, to assist the Lumbee People in this effort and would respectfully request the General Assembly to provide funding to support the Lumbee People in conducting and carrying ' out any referendum it would select with regards to its own right of selfdetermination and government. Having said that, IT IS NOW, THEREFORE, ORDERED, ADJUDGED AND DECREED: "1 The plaintiffs' and defendant's motions for directed verdict are denied. "2. That the Plaintiffs, and more particularly, the Lumbee Tribe of 1 Cheraw Indians, are not the governing body of the Lumbee People, or of the Lumbee Tribe. Notwithstanding this, the Court does find and declare that the Lumbee Tribe of Cheraw Indian is an organized, recognized body politic within the Lumbee Community. "3. That the defendant, Lumbee Regional Development Association (LRDA) is not the governing body ofthe Lumbee People, or ofthe Lumbee Tribe. "4. That the Lumbee Tribe and its enrolled members possess the inherent and sovereign right of self-determination to select the form and type of government, they wish to be governed by. Turther. the Lumbee Tribe is entitled to determine, by referentjum, or election, as soon as practicable, the question of what type of government, if any, it desires pending federal recognition. "5. That neither the plaintiffs, nor the defendant, have the right to prohibit the Lumbee Tribe and its enrolled members from democratically forming and voting for a constitutional, or other form of. government which the Lumbee People desire to form. This does not mean, however, that the LRDA or the organized group known as the Lumbee TribeofCheraw Indians, isprecluded from participating in any prosess of the Lumbee Trjbe in which the Lumbee Tribe seeks to exercise its own sovereign right of self-determination or tribal government. "6. That the Lumbee People and the Lumbee Tribe may not be prohibited from selecting a tribal government of their choice prior to. and without having to wait for federal recognition, if it ever comes. "7. That the LRDA. although not the lawfull> constituted governing body of the Lumbee Tribe or the Lumbee People, has been and may continue to act on behalf of the Lumbee Tribe with limited authority as follows: "(a).The LRDA may continue to act on behalf of the Lumbee Tribe as a limited authority 'governing body' as that term is defined for purposes of (1) application for, receiving and administering federal grants to the Lumbee Tribe, as a state recognized tribe, such as LIHEAP, CSBG, among others/through HUD, HHS, and other federal agencies (2) federal recognition (with the limitation that LRDA cannot declare itself the interim governing body of the Lumbee Tribe) and (3) representing the Lumbee Tribe on the N.C. Commission of Indians Affairs, and on the various Indian Groups to which LRDA has applied for and received recognition for the Lumbee Tribe to date. "This limited authority granted tot he LRDA shall continue until such time as the Lumbee Tribe and its enrolled members, by a vote of at least 30% of the enrolled adults 18 years of age and older, select a tribal council, or other form of tribal gov- ; ernment, by means of a democratically and lawfully conducted tribal referendum, without regard to federal recognition." <T Notice of Public Hearing The Title IX Indian Education Parent Committee of the Public Schools of Robeson County Will hold a Public Hearing 011 Tuesday. January 19. 1999 at the Indian Education Center in Pembroke, N.C. The purpose of the Hearing is to provide full discussion 011 the 1999-2000 Indian Education Project Application WE GIVE YOU THANKS Sunrise HcalthCarcand Rehabilitation for Pembroke foriiicr.lv (Pcmbcrton Place Nursing Ccnici 1 would likctotakc this time and thank / all churches. day aire centers, bo\ scouts, schools, families, volunteers individuals, organizations and disabled American Veterans for then many gifts, food, music and prayeis that were donated to the residents in 1998. You arc welcome to visit the facility between 9am - 9pin daily Again thank you and God bless you Sunrise Healthcare Authority N AH AS DA Update 1 By John Tallbird Marshall During the month of December 1998, nine community meetings were conducted by the North Carolina Indian Housing Authority (NCIHA) introducing the Native American Housing Assistance Self-Determinauon Act (NAHASDA) Grant programs to the area Native American Tribal Members living in the service areas of Robeson, Harnett. Hoke. Sampson. Scotland, Bladen. Cumberland and Columbus Counties. These meetings were conducted b> NCIHA Dave McGirt, Executive Director, Spencer Carter, NCIHA Housmg Coordinator. John Tallbird Marshall. NCIHA Director of Operations and Sabrina Jacobs. NCIHA Housing Coordinator. OnDcccmbcr Mth.thcNCIHA began processing NAHASDA applications. We arc very excited about our accomplishments at North Carolina Indian Housing Authority! We arc pleased to say that we have processed approximately 1600 applications during a three week period! During that time-frame, we have also responded to all 1600 applications via mail informing each individual of thestatus of their own application. Upon the applicants receipt of the NCIHA notice/check list, we arc encouraging immediate action inprouding the additional information found checked on your checklist. A window of thirty days from the date found on your checklist has been allocated for verification of completeness. The NC1HA will honor all applicant responses that arc postmarked within thirty-days ofthat date. Applicants must respond timely to participate for housing assistance. Assistance will only be provided to completed applications. The NCIHA is allow inga sixty day window for applications The time frame for the Lumbee Tribe began December 1. 1998 and will conclude January 29. 1999. The Waccamaw Siouan Tribe sixty -day window began December 15. 1998 and concludes on Februan 12. 1999. During this sixty-day period, anyone completing an application wil 1 be given the same application status At the end of each tribes sixty-day window, the NCIHA will develop a waiting list from completed applications. During the month of January w e are conducting w eekly sessions to reiterate NAHASDA. and the individual plan of each respective tribe. At these sessions we arc also accepting and reviewing applications. If you need assistance in prcparingyour application, we will be there to help you. We arc also currently advertising statewide for architectural/engineering sen ices. This is an important factor in the design and layout of structures, and sites, imperative to contractual administration and build ing construction. The following arc the locations, times and dates of community meetings to assist and accept applications from all tribal members. (Waccamaw Siouan Tribe) Waccaniaw Siouan Development Association Bolton. NC 28423 Mondays 8:30 ant - 10:30 am 2:00pm - 5:00 pm Thursdays 8:30 am -10:00 am - 2:00 pm - 6:00 pm Fridays 8:30 am - 5:00 pm St. James Community Center Lake Waccamaw. NC 28450 Mondays 11:00 am - 1:00 pm Thursdays 10:30 am - 1:00 pm. (Coharic Tribe) Coharic Tribal Office Clinton. NC Tuesdays 10:00 am - 1:00 pin Wednesdays 10:30 am - 12:30 pm Harnett County Coharie Indian Association 1934 Arrow head Dunn. NC Tuesdays 3:00 pm -4:00 pm Wednesdays 2:00 pm - 4:00 pin. (Lumbcc Tribe) .North Carolina Indian Housing Authority SaponaRoad. Faycttcvillc. NC Mondays 9:00 am - 11:00 ant Wednesdays 9 00 am - 11 00 am Sunrise Disabled American Veterans Recognized The Disabled American Veterans Chapel "47" of Pembroke in December. recognized the disabled veterans at Sunrise HcalthCarc and Rehabilitation Center The veteran residents arc: Leonard Locklcar Wilford Bra\bo\ Arnold Baker Wilc> Jones Wesley Waltnian Luther Caplc Jordon Maynot Richard Little Harvey Nicholson Elijah Locklcar Lacy Hammonds Special Thanks goes out to Archie Oxcndinc. Marvin Low ry. Rev. Smith P. Locklcar and Rudy Locklear for presenting the veteran residents w ith pfaqucs. Pembroke Kiwanis by Dr. Ken Johnson Parole Commissioner William Lowry was the Tuesday evening speaker at the weekly meeting ofKiwams. Program Chairman Clayton Maynor presented Mr Lowry. The \ onngest of Rev. Wclton Lowry and a 1981 graduate of the University of North Carolina at Pembroke and a very out-standing golfer, and the father of three children. This is the thirdycaronGov Hunt's Parole Commission. appointed in 1996 The mission of the Commission is to protect the citizens of North Carolina. It has been necessary to parole more prisoners to relieve over crowding conditions. In 1987. 12,000 were paroled. in 1991 23.000 were paroled In 1994.36.000 were paroled as many paroled as came in. This approximately 1.000 per week. Most arc on Supervision. So now there are about 30.000 in prison. The parole commission has several tasks One being the victim has to be notified w hen his \ lolator is to be released. The Com mission must have two commissioners to approve release. Each release has to liavc his individual record approved before releasing him. The merit criteria ofbehavior. thccxtentofthccrimc and victimsarc consulted. The Parole Commission also can decide to bring a person back in. The cost is S6.V27 per day per prisoner. 2.235 arc working on highways, plus many other lobs The State is also going into the idea of Private prisons. The prisoner can also be in a swapping program, that is allowing him to be kept near Ins home. 25030 arc in this program. Medical coslsarc extremely high since their is no insurance. Commissioner Lowry'sspcech was very informative. House Representative Ronnie Sutton announced that incoming House Speaker. Jim Black will be iirPcmbrokc on Wednesday. The reception will be 7:30 P.M. inOld Main. Allarc invited. Refreshments will be served. Invocation ClayMaynor; Reporter Ken Johnson. Ida Willis of Sunrise HeulthCure and Rehabilitation Center formerly (Pemberton Place Nursing Center.) In Pembroke N.C, Celebrated her 102nd Birthduy on December 27th 199H. She teas honored with a party by staff, family und residents. She is Jrom Red Springs, N.C. Ida has always been a very religious lady, who was active in her church, family and community. She is the center's oldest resident. Ida we wish you many more. Arrow Publishing launches new CD Phonics Reading Program Arrow Publishing, a leader in educational computer software has officially launched its new phoiycs computer reading program to help solve the problem of poor reading abilities of students PHONICS VOY AGE was recently released to the public and school market. This program will help parents and teachers teach students to read by intensive phonics instruction. Teachers and students are tired of the age old method ofteaching phonic skills such as flash cards, charts, drill and repetition'' PHONICS VOYAGE may be the answer to their prayers! They can diamatically increase their students reading scores. We want students to become high tech citizens. Why use "horse and buggy" methodsof instruction lotcach reading skills? Phonics Voyage is a new full motion computer phonics reading program. It will help students become super readers in only a short tilitC. To make it easy for teachers and parents to teach reading to students. Arrow Publishing has designed PHONICS VOYAGE. It has phonics. games, songs, stories, pictures, lots of full motion video and fun things tokeep the interest of students. It is so much fun that students may forget that it is an educational tool to icach reading. Students* will cnjo\ taking a PHONICS VOYAGE on the pirate ship with the captain and his cartoon crew as they still into reading For many years Dr.Oxcndinc ol Pembroke. NC has witnessed the struggle of children trying lo read Main teachers w ho have entered the. educational field over the past ten years have not been taught to teach reading by phonicsinstruction. Many of these teachers may not feel prepared to teach phonic reading instruction The ability to read is \cry crucial to a child's progress in school and later life Teachers and parents must stop blaming each other for then students lack of readi ngabi lilies. They must work jointly to teach all children to read PHONICS VOYAGE encourages youngsters to use their visual, auditory and kinesthetic skills by coinbiningsound. color, graphics, aim' malion. interaction and positive reinforcement. It is an excellent tool to help students break the symbol of the sound to sound barrier PHONICS VOYAGE leaches basic reading skills. It gives the child an immediate feeling of success because the child (usually kindergarten through 4th grade) is in charge. The . computer is the tutor and the child is at the controls PHONICS VOYAGE was developed to be a "quick and easy", and complete basic reading program It begins with phonic sounds and phonograms. It is an integrated approach to teaching reading which was authored by educators and parents. PHONICS VOYAGE was deSigned for school or home use The program is a self directed reading program Teachers or parents do not have lobe experts in reading in order to give support to their children learning to read They just need to help the child get started. Then the child can take control and liax c fun while he or she builds reading skills PHONICS VOYAGE is available on CD-ROM (Windows & Mac Versions) The program has been adopted bv a number of schools alrcadv Contact: Dr. Reginald Oxcndinc. Author Company Headquarters 208 Union Chapel Rd - P.O. Box 1287 Pembroke. NC 28372 Phone 910-521-0840 http.//www. occs.com/phonics/ phonics a intcrpath.com