Editorially Speaking
Why does the Lumbee Tribal Government
operate as a private nonprofit corporation?
Last week we editorially asked our Tnbal Council to stop thinking
like board members of a private-nonprofit corporation Since that
article, we have discovered that our Government is indeed operating
as a private non-profit corporation, Lumbee Tribal Nations Programs
We understand also that there are several non profit corporations
and the 21 member tribal council has been named as the board
of directors of Lumbee Tribal Nations Programs This will not work
While we understand grants from ANA and other funding sources
require a nonprofit corporation, our government does not The
Lumbee Consutution was adopted by the people as our governing
document It makes no provisions for -our tribal business to be
handled llirough private nonprofit corporations. It reminds me ofthe
reason we have a Constitution For more than 20 years LRDA, a
private nonprofit corporation with no members operated as our governing
body, with tribal consent Eventually the people felt left out
and decided the best interests of the tribe were not being served by
government by a private nonprofit corporation. Therefore, after two
elections on a constitution and a lawsuit to settle the issue, the
present Lumbee Constitution was adopted and the 21 member tribal
council was duly elected under that document. Tribal members seeking
election under the document as tribal councilmen and women,
promised to abide by the Constitution. As a matter of fact, they took
an oath to do so Now they have carried us right back to government
by a private nonprofit corporation. They do not have the authority
to do this! To have tribal monies in private nonprofit corporations
raises too many questions. What are they hiding? The best way to
avoid questions and complaints is to conduct business in an open
and public forum as the Constitution requires. Mark Twain once
said. "Always do the right thing This will gratify some people and
astonish the rest." We encourage our leadership to take his advice
seriously and do it hurriedly.
Oui Consutution prov ides licit I he tribal membership can enact am
ordinance (law) that it deems in us besi interest I recommend an
immediate ordinance to dissolve all nun profit corporations, except
for the one needed to receive grants An ordinance can be voted on
by the membership and become law with a simple majority of 30 percent
of the eligible v oting tribal members The Constitution states.
"The power to initiate a vote on a tribal ordinance is specifically reserved
for die general membership of the l.uinbee Tribe of North Carolina
'A minimum of ten (10) percent of the eligible voters may initiate
consideration of a proposed tribal ordinance by submitting to the
Tribal Elections Board a petition (Article V Initiative )
It is possible It can be done When the leadership appears to abuse
its power and decides arbitrarily not to abide by the Constitution, it is
time for the tribal members to rise up and take necessary action Think
about this and call or write if you arc interested in restoring our government
to the people before things get any further out of hand
Recent news articles and an editorial in the Faycttcville Observer
about our government have proven to be embarrassing Why should
someone in Faycttevillc have to remind us to do the right thing? We
hope our leadership wall rectify the problems faced in housing and do
it hurriedly. We hope also that they will begin to answer questions
and document the answers We deserve 10 know exactly what is going
on If there are problems, and it appears there arc. leadership
needs to acknowledge them and provide an immediate solution. To do
any less is to continue to embarrass us In vv hich case. we. the people,
do have the recourse of recall under the Constitution We encourage
our tribal leadersliip to immediately rcmov e our tribal monies from the
private non profit corporations and place them in a general government
fund. We must have accountability We deserve no less and
should demand no less
Visit to Washington proves not only historical but
also revives memories of friend lost in Viet Nam
i
by Bill James Brewington, special to the Carolina Indian Voice
On Sunday, September 19,1 departed Pembroke with 56 other local
Lumbees to attend and celebrate the Grand Opening of the National
Museum of the American Indian in Washington, D C.
The procession of thousands of American Indians was colorful and
breath taking and represented Americans Indians from many tribes
and organizations The: procession began at the Smithsonian Castle
and ended across the street from the American Indian National Museum
Attending the procession, opening ceremony and the visit to the
Museum was part of history that will be long remembered by myself
and thousands of others.
However, an even greater event in my life took place the day prior to
the Grand Opening of the Museum
On Monday, I had the opportunity visit the three National Military
Memorials- War II, Korean and Vietnam.
After graduation from high school, I attended college, but a close
friend of mine, Bradley (Baby) Chavis chose the Army with plans to
attend college after his tour of duty in the military.
However, Bradley was not given the opportunity to pursue his career,
instead he gave his life in Vietnam
It has always been my desire to view lhc Vietnam Memorial and find my
fnend's name on the wall
On behalf of Bradley's family and classmates. I kneeled to show our love,
grief and honor in remembrance of one who gav e it all that we might
continue to pursue our dreams and careers
Bradley (Baby) thank vou and you have not been forgotten bv the Class
of 1964.
Bradley (Baby) Chavis) was the son of Mr and Mrs Scptcr Chavis of
Pembroke
Memorial to be erected in Pembroke Park
A memorial to Baby Chavis will be placed in the new Pembroke Town
Park If you would like to contribute to this effort, please contact Rudy
Locklcarat521-4798orErtlcB Smith at 521-2345. Contributions fortius
memorial may be sent to Bill Brcwington at PO Box 2076. Pembroke, NC
28372.
^ 11 : * ? : ' 3?m
Bill James Brewington's hand points out the name of Bradley Chavis
on the Viet Nam Memorial Wall.
Part of the Lumhce delegation who attended the opening of the Native
American Museum in Washington, B.C. last week. Left to right:
Cathy Locklear, Rose Marie Lowry- Town send and Ann Crain.
(Photos by Bill James Brewington)
Bill James Brewington is seen looking at the name of his friend,
Bradley Chavis at the Wet Nam Memorial Wall.
i - - - r tw
ShoHit in front of the World War If Memorial are, left to right, Doris
liren'ington, Vera Doris Malcolm anil Emma l.ee Lock/ear.
Korean War Memorial
Dr. Britt named liaison physician
for cancer program
General surgeon Samuel E. Britt II. M D . has received a three-year
appointment as cancer liaison for the hospital cancer program at Southeastern
Regional Medical Center The program covers all services to
cancer patients, including those provided by Gibson Cancer Center.
Community Health Services, Hospice of Robeson and the medical"
center ,
The Cancer Liaison Physician Program is an integral part of the
Commission on Cancer (CoC) of the American College of Surgeons
Dr Britt is among a national network of more than 1,600 volunteer
cancer liaison physicians who provide leadership and support to the
CoC approval program His interest in the diagnosis and treatment of
patients with malignant diseases enables him to provide direction as
a member of the multi-disciplinary cancer committee as his institution
in order to maintain or seek CoC approval of their cancer program
The commission is a 39-member group of professional organization
dedicated to reducing the morbidity and mortality of cancer through
education, standard-setting and monitoring quality of cancer care. Dr
Britt, a board-certified general surgeon, is in private practice with
Lumbcrton Surgical Associates
Report to the Tribal
Membership
Recent conflicts from Lumbcc tribal members, as well as recent media
coverage discussing the countless problems surrounding the
Lumbcc tribal government, has encouraged me to take the opportunity
in this week's "Report to the Tribal Membership," and discuss
Article IV of the Lumbec Tribal Constitution. Article IV details the
Recall process Recall is one of the powers reserved for themselves
for the tribal mcmbcrslup It gives tribal members the right and authority
to remov e from office any and all elected officials of the tribal
government. Elected officials would include the Tribal Chairman and
members of the Tnbal Council The Recall process can not be used to
remove members of the Luipbcc Tnbal Elecuons Board or the Lumbce
Supreme Court Persons serving on these bodies were appointed and
not elected It should be duly noted, however, that there arc certain
requirements which must be met in the Recall Process.
As stated, this process is outlined in Article IV of the Constitution.
Article IV Section 1 states: "The power to recall any elected official of
the Lumbee Tribe of NC who is in the second calendar year or later in
his or her term is specifically reserved for the general membership of
the Tribe " Therefore, those Tribal Council members elected in the
November 2003 tribal election, and who are not up for re-election in the
November 2004 tribal election, will all be in the second calendar year of
their term in January 2005. The names of those Council members who
would fall into this category are as follows Linda Hammonds, Pearlean
Revels, Kenneth Lock]car, Jimmy Hunt, Rudolphus Hunt, Larece Hunt,
Lois Oxendine, J Garth Locklear, Francis Chavis, Henry Clay Chavis,
Kent Hunt, Aggie Dccse, Sanford Locklear, and Sherry Carter. All of
these persons were elected in November 2003 under the terms of the
Luinbcc Tribal Constitution. These Council members, in accordance
with the governing document under Article XII Section 3 subsection
(e) received either a two or three year initial term. This provision was
included to allow scats to be staggered, and to ensure that all Tribal
Council scats would not be vacant at the same time. Seven of the
Council meifibers received an initial one year term, and out of those
seven, three were ineligible to run for a scat on the Council in 2004
because they had exceeded the term limits in the Constitution. Those
members were Louise Mitchell, Larry Townsend and Delton Oxendine.
Council members Alton Locklear, Jerl Locklear, Montford Dial and
David Carter who also received an initial one year term are running in
the November 2004 tribal election, and because they will only be in
the first year of their term in 2005, they are not subject to Recall until
2006. Tribal Chairman, Jimmy Goins elected in November 2003,' will be
in his second calendar year of his term in January 2005. Tribal officials
were swom into office in January, therefore, one would have to use
January as opposed to November, when officials were elected.
Section 2 of Article IV states: "A recall election shall be held when
a petition bearing the signatures, names, addresses, and enrollment
numbers of at least ten (10) percent of eligible voters who voted in the
election from the district electing a tribal official or ten (10) percent of
eligible voters who voted in the election for the tribal chairperson,
alleging in one hundred (100) words or less that the tribal official is
guilty of malfeasance in office, gross disregard for tribal law or custom,
or open abuse of authority, and designating three signatories as
a Petitioner's Committee, is filed with the Tribal Elections Board." For
example, if the tribal members in District Ten wanted to recall their
representative, they would have to have a petition signed by ten
percent of those members who voted for that member. Tribal members
who did not vote in that district would not be eligible to sign the
petition. Also, those seeking to remove the Council member wouldbe
required to give a reason why they felt the person should be removed
from office The Council member may be accused of malfeasance
which simply is defined as wrong doing. A petition would have to
explain why tribal members felt the representative was guilty of wrong
doing, and filed with the Tribal Elections Board.
Section 3 of Article IV then requires the Elections Board to certify
"the signatures on and grounds stated in the petition and within no
more than five (5) days of the receipt of the petition, the Elections
Board shall: i) serve a copy of the petition upon the named tribal
official, who shall have fifteen (15) days from the date of said notice to
respond to the reasons stated in the petition in one hundred (100)
words or less; ii) immediately upon receipt of any response, serve all
members of the Petitioner's Committee with a copy of the same; iii)
allow the Petitioner's Committee forty-five (45) days fibm the date of
receipt of the response to collect additional signatures upon their
petition; iv) conduct a recall election within ten (10) days of the
resubmission of the petition, provided that the petition is signed by
twenty (20) percent of the voters who voted in the election for the
recalled tribal official."
The next step in the process as outlined in Section 4 of Article IV
states. "If at least thirty (30) percent of the voters who voted in the
election for the recalled official vote and a majority of those voting
vote in favor of recall, the Elections Board shall declare the office
vacant and the vacancy shall be filled in accordance with the appropriate
provisions of the Constitution, except that the recalled tribal
official shall not be qualified to run for office in that specif election."
Section 5 of Article IV states: "If a recall election on a tnbal official
fails to obtain a majority of those voting, the Elections Board shall not
certify any recall petition against that tribal official for aminimum of
one year thereafter."
This same process would be followed in the Recall of the Tribal
Chairman.
Copies of the Lumbee Tribal Constitution are readily available at
both the Tribal Office and the Lumbee Tribal Enrollment Office. I
encourage each tribal member to obtain a copy, and becorpe familiar
with its content. Next week my report will include a detailed review of
the current problems with the Lumbee Tribal government; and whether
or not they could constitute malfeasance or an open abuse of authority
by T ribal Chairman Jimmy Goins or the members of the Tribal Council.
by Cynthia L. Hunt, Enrolled Member
Tribal News Correspondent
A Commoner Comments
by Robert Currie, Jr.
Referring to presidential candidate John Kerry, the feature editorial in
the August 25,2004 edition ofTheTabor-Loris Tribune of Tabor City,
N.C. and Loris, S C. stated: "As a Senator from Massachusetts, Kerry
has voted to destroy the military strength every time he had a chance.
In fact, if all his negative votes had passed in Congress, Saddam
Hussein would still be mass-murdering the Iraqi people and the extremist
Muslim terrorist would have a safe haven in his Mid-Eastern
mountain hideouts..."
Unfortunately, George W. Bush has exhausted much of our military
strength capturing our lesser threat, Saddam Husstein rather than
focusing on our greater threat, Osama Bin Laden who may still be in
an Afghanistan mountain hideout after mass-murdering some 3,000
Americans, besides the U.S. victims of former al-Qacda attacks in
other countries.
The editorial closed with. "In a democracy, the people own the government
In a dictatorship, the government owns the people." And
this is true. Unfortunately, our nation has digressed into a
"spccialintercstocracy," in which a "dictatorship" of politically powerful
corporations "dictate" policy to whichever party is in power. As
evidenced by the bipartisan "free trade" agreements with nations
' that have nothing to trade, save cheap labor for our worker's jobs,
our goverrtment's tax base, and our nation's economic stability.
The editorial offered numerous examples pointing out that Senator
Kerry voted against military enhancement. Unfortunately, his opponent
abandoned the pursuit in Afghanistan of our greatest enemy
and captured a lesser threat in oil-rich Iraq. All the while allowing his
running-mate's former/future employer unlimited no-bid contracts,
leaving the door for Arab accusations of U.S. corporate imperialism
wide open.
So what good is superior military might if its use is base on the dictation
of private special interests, rather than in the best interest of our
nation at large? Whether voting against, or simply wasting our military
strength on the wrong objective, is either candidate truly qualified?
Or must voters choose a "lesser of two 'special interest puppets'?"
Think about it, please!