Thursday, May 21, 2009

Tribe must cease and desist lowering monthly per capita payments- has violated, and is violating IGRA U.S.C. 2710

The regulatory framework governing the Tribe's revenue allocation plan and per capita payments requires a revision or amendment to the RAP prior to changes in individual per capita payments, as for example reducing those per capita payments from $2,000 per month to $500 per month. The RAP, federal law, and tribal law, also do not authorize the tribal council to make different per capita payments to tribal members. Since the Tribe did not submit a revision or amendment of its RAP prior to changing per capita payments- and neither federal nor tribal law can exceed the RAP- the Tribe is in violation of the law in making different per capita payments to tribal members. The Tribe must revise or amend its RAP or it must discontinue its policies of different per capita payments to tribal members.

At the last financial meeting the tribal council told the people that they were lucky to be getting $500 instead of $125- the amount we would be getting if they revised the Tribe's RAP.

http://www.nigc.gov/Default.aspx?tabid=602

8 comments:

  1. $125 per person a month does not sound right…mathematically

    Revenue Allocation Plan; 20% for Per Capita Distribution.
    Casino Net Revenue X 20% = per capita ($125 X 1400 members = $175,000)
    Casino Net Revenue = $175,000 / 20%
    Casino Net Revenue = $875,000 (Monthly) or $10,500,000. (Yearly approx.)

    According to previous financial reports before 2003 showed the Casino making $10,500,000. in 7 weeks or less.

    Rumor, I heard was the banks who financed the Casino expansion would receive all profits from electronic gaming devices (slots) for a set time period in instead of receiving payments.

    This would explain the drastic per cap cuts without a proper explanation.

    I would not put it past this business minded tribal council for such a mastermind maneuver.

    Stay tuned for the Ram and Larry show!

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  2. while i typically avoid the political aspects of the tribe, i firmly believe the per cap cut was best for the tribe. it has shown that tribal members were living in excess. people can gripe and moan about repos, disconnects, etc, but as a human being, you must be self-sufficient. think back to before the casino, bingo, or per cap, did we all have electricity, satellite, indoor plumbing? 1, 2, 3 cars with huge carpayments? if you did, how did you pay for it? with a J-O-B. as a tribe and individuals, we cannot rely on a casino to carry us.

    the revenue of the casino is affected by the economy. if the economy takes a dive, the revenue takes a dive. who cares if the tribe has X millions of dollars for per cap payments for the next X amount of years. what happens if the country hits a true depression similar to the 20's? casino dries up, closes and then what do we fall back on?

    i have the utmost respect for elders and every tribal member (regardless of present or past doings) but we cannot cry because the elders are having troubles. why did they not plan better? they were all around long before the casino. why did they not have a job and plan for retirement? thats right, once per cap came, they believed they should not have to work and thought the money would always be there. now you want to use their "suffering" as an example of why we need $2k per month. they should have been setting the example for generations who follow. instead, many sat around and waited for their hand-out and now want to cry foul because they failed to plan accordingly.

    for those that are not "too old" to work or do something for ourselves. there is always getting an education or job training. for years the tribe has been offering assistance for college education. if i recall correctly, it is a max of $14k per year for undergrad. thats right, they pay more out in college education than for per cap. go to school. the opportunities are much greater for those that choose an education. there are schools that offer online, night and/or weekend classes. however, it is up the individual to take the initiative to seek out a higher education. for those who can't sacrifice evenings, weekends or online time, seek out job training.

    there are plenty of ways in which to better yourself. sitting around and complaining and bit**ing about this person or that will do nothing but elevate your blood pressure. then YOU add expenses to the tribe by using revenue money because now YOU need to be referred to a specialist for high BP. thats right, all the external specialists people need to be referred to cost money as well. dialysis, BP, substance abuse treatment, cancer treatment, etc all cost money. you want to bit** and complain, complain about those getting into accidents from alcohol, drug, substance abuse, etc. people who OD or do something stupid because psychologically, their mind was altered with chemicals. don't get me wrong, i enjoy a drink every now and again, but we go back to the word excess and you can see where a lot of the money is wasted on people's poor decisions.

    i do agree with some of your comments in this blog, but there are always two sides to every story, sometimes more. if YOU are typing this blog at work, YOU are wasting money for your organization when YOU could be doing something more productive. if YOU are typing this from home, surely YOU are doing ok financially to still have the internet. if YOU are typing this from a public location YOU must be doing ok to have transportation to and from. just a thought.....

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  3. We Meskwaki are taught that we share in our good fortune, that we (Meskwaki) own everything here on the Settlement.

    Meskwaki Casino is owned by ALL Meskwaki and is not just for the tribal council or executive director.

    Yes, we rely on Casino Revenue for survival as any business owner whether private or public. It pays for Education Expenses, Food Costs, Utilities, Transportation, etc.
    And as owners of Meskwaki Casino we need to know how OUR business is doing, Instead we have verbal excuses why revenue is down, but it is the duty of the tribal council to give every tribal member a report of all business transactions to show how OUR business is doing. (Read Sac & Fox Constitution as it explains it well).

    Some of young Meskwaki have never been taught our concepts, but it is dangerous to the existence of Meskwaki if someone who doesn’t understand traditional Meskwaki ways is preaching INDIVIDUALISM. This is a white mans concept, “everyone for themselves”.

    Be Meskwaki and not NDN…stand-up for all not only for yourself. Together we have come along ways and together we will be here tomorrow.

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  4. I'm currently stoned/drunk out of my mind and my job(dancing at Big Earls to put myself through school)allows me some freedom to tend to this blog.I am positive I will be involved in a car accident while texting this comment.CRASH!Oh, crap! (don't judge me) *Well, I think I'm funny* I don't have high blood pressure (18-25 age bracket) I would like to limit my blog b*tching to politics.Cheers!

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  5. The complaints I hear are not exclusively about the money. Sure, money is a given subject as it would be in any other society where it plays a part.HOWEVER, todays complaints are about an inept, deceptive, manipulative and secretive government who has shut tribal members out from any information of substance. While it is said that we elected a council to operate things "for us", and we should "trust them", we are still the ultimate party (the tribal members) responsible for "our" governments' actions. Alot of us do have jobs and have saved for the hard times, that in no way allows us to sit on the side and accept the present conditions. Nor will we look around and blame those NOT reponsible for ongoing troubles. If we had true leadership and an administration IN IT'S PLACE (doing it's job and NOT trying to be a council member)... none of this would be occurring.

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  6. How many of you attend each and every council meeting and become a part of the process? I can tell you that I attend 90% of them and there is rarely more than a hand full of you there. You all want to sit back and bitch about how things are being done or how you are being kept in the dark but you don't bother pulling yourselves away from your beer bottles or big screen televisions long enough to go see for yourselves. The minutes of every council meeting are available for every tribal member to go read for themselves. They are printed in every Meskwaki newsletter - yet you want to keep harping about how you are being kept in the dark about everything. "there are none so blind as those who refuse to see" And then when you do take a peek, you disbelieve every little thing and go back to poking your heads into the sand.

    You hire council members and then you tell them to 'do their jobs and Not try to be council members'. How ignorant of a comment is that?

    Then there are those of you who claim that the tribal business is the tribe's business and no one else's but yet as soon as you don't get your ways about something, you run right out there to the white man's newspapers and medias and whine about how your own people are not doing what you want them to do. Do you honestly think anyone outside of the tribe gives a damn that you no longer get $2000 a month free money? In fact, you just give them one more thing to point and laugh about. Not only are so many of you out there ignorant, you are too ignorant to even know who you are.

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  7. On the other hand it is the best thing to put things "in the light" Whomever thinks it is bad does not know how the real world works. The letter i recieve has the minutes redacted. Wonder why? This whole back and forth thing has gone on way to long don't you think?? there is absolutely nothing wrong on keeping a handle down on a leadership that has lost it's way even temporarily.The reason some will run to the "white man's newspaper" is because they are not allowed to put their comments in the tribal newsletter like those who wanna "toe the line". No head in the sand here...i have read all tribal documents, codes, contracts, tribal constitution and then some. I have been privy to more on the inside than some would ever admnit. Sorry your stereotypical belief system allows only a miniscule view of reality.

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  8. Wow -- all I can say is stop this nonsense -- if one listens to what the elders taught us long ago - we were poor but relied on our language, culture and religion - that is what makes us Meskwaki. Not the per caps, not the infighting, etc. Living from a distance - it is kinda scary seeing our old teachings being tossed aside due to power, money, etc.

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