H1N1, Swine Flu Update on Page 6

Change Service Requested 85247 Sacaton, AZ P.O. Box 459 Gila River Indian News

Vol. 12 No. 5 Sacaton, Arizona May 2009 PRESORTED STAN- Permit No. 25 U.S. Postage Sacaton, AZ DARD PAID

H1N1, Swine Flu Update on Page 6

Swine Flu causes major stir across nation, GRIC By GRIN Staff

Within the course of the past crease in cases, more hospitalization, to properly respond to an urgent situa- Reports are that the origins of two weeks, the H1N1 Influenza, also and possible deaths during this evolv- tion, in this case, the spread of H1N1. the H1N1 originated in Veracruz, Mex- known as Swine Flu, has stirred the na- ing situation. To date, the CDC has Sanders stated that due to the risk to ico and traced to manure lagoons at a tion into frenzy with its pandemic pro- identified a total of 403 people in the public health, “The Health Resources pig farm that raises nearly a million an- portions. The flu, which some have U.S. of as having contracted the H1N1 Department and the Hospital are form- imals a year. The facility, Granjas Car- placed as starting in Mexico, has rap- Flu, 49 of which are from Arizona and 2 ing a unified command and have es- roll de Mexico is partly owned by idly moved across the United States of those from the Gila River Indian tablished an incident command Smithfield Foods, a Virginia-based US causing schools and workplaces to shut Community. In most cases the patients structure to deal with response activi- company and the world’s largest pro- down while leaving the general public have not required hospitalization and ties.” ducer and processor of pork products. with skepticisms about proceeding with are recovered or continue to recover According to the Centers for An unfortunate fact is that there their daily routines. from their illness.” Disease Control response actions are have been two fatalities, each with spe- Gila River has not remained In response to heightened con- aggressive. The H1N1 is a hybrid of cial circumstances and both of which unaffected. cerns, a special meeting was held at avian, swine, and human strains for are from Texas. H1N1 Flu virus is a According to a health advisory the Governance center in Sacaton on which there is no vaccination. Avian contagious respiratory disease that can dated May 6, issued by the GRIC Office May 1, 2009 by GRIC’s Multi Agency (bird) flu is a highly contagious subtype spread from person to person through of Emergency Management, “There System Support Team. that occurs mainly in birds. Infections in coughing or sneezing by people with has been a steady increase of the num- Tim Sanders, Emergency Op- humans are a result of people having the flu. You can transfer it by rubbing ber of H1N1 Influenza (swine flu) cases erations Coordinator from the Office of direct or close contact with infected your eyes or touching your mouth with throughout the United States. Over the Emergency Management, led the meet- birds or poultry. The other strain, coming weeks, the Center for Disease ing and explained how each component dubbed “swine flu” is a type of flu found See Swine Flu/Pg. Control (CDC) foresees a continual in- of the Support Team integrates in order in domestic pigs and wild swine. 2 First Rough Draft of Revised Constitution to be Released

Submittted by the Tribal Constitution first draft includes a separation of pow- time a tribal court may impose. The Act back out to the Districts for more feed- Reform Project ers changing the government into a also proposes that, in certain cases, the back. It is critical that all Community The Gila River Tribal Constitu- three branch government. It also in- judge presiding over the case must be members have an opportunity to partic- tion Reform Project Task Force is set to corporates an independent election a licensed attorney and the Community ipate in this process so that all can be release the first draft of the revised Gila board. There are also changes to the may be obligated to provide legal coun- involved in shaping the future of the River Indian Community Constitution. constitution that anticipate potential fu- sel for a defendant. The revisions have Gila River Indian Community. This draft marks a major milestone in ture changes to the Indian Civil Rights been drafted so that if the Act becomes For further information on the the project. The draft represents count- Act under consideration as a part of the federal law after the revised Constitu- reform process, please contact your less hours of surveys, research, dis- Tribal Law and Order Act of 2009, or S. tion is adopted, the Acts requirements district’s Task Force Representative or cussion, presentation to the community 797, introduced by Senator Dorgan and can be easily implemented without hav- Project Manager Gerald Calnimptewa and listening to the community’s con- currently the subject of Senate Com- ing to change the Community’s Consti- at (520) 562-9757 or e-mail at Ger- cerns about the existing constitution mittee discussions. The Tribal Law and tution. [email protected]. and their vision for the future. Order Act of 2009 proposes to increase The work is far from complete. Among several changes, the the maximum fine and incarceration The Task Force plans to take this draft Page 2 Gila River Indian News May 2009

Swine Flu from Pg. 1 tients to the Emergency Department Governor Rhodes visits construction and the Out-Patient Department. infected hands. You cannot get H1N1 Though there had not been a substan- sites in D1 and D3 Flu (swine flu) from pigs; you cannot tial increase in the number of occur- get H1N1 Flu from eating pork or pork rences of patients with flu-like products. symptoms, there is an increase in the During the special meeting on number of patients expressing concern May 1, Dr. Roger Griggs, Prevention about H1N1. and Education Specialist, acknowl- Henry Walden, Director of edged the H1N1 cases in the state. “In Health Resources Department, said Arizona, there are a total of four con- that Gila River has increased surveil- firmed cases now and we’ve been lance to the matter by sending upwards monitoring this, all in Maricopa County.” of 100 tribal employees into the Com- The number of H1N1 cases in Arizona munity dispensing information and has since rose to 49. identifying any Community that may be Dr. Noel Habib, Medical Direc- suffering from flu-like symptoms. tor for Gila River Health Care, stated Walden also acknowledged how rigorous testing occurs before any that Gila River will be receiving medical links to the swine flu are confirmed. supplies dispensed from both Maricopa “We first test for Influenza A,” he said. and Pinal Counties. He said Gila River Any flu cases that test positive will be receiving a “fair share” of the as Influenza A, are sent to the State supplies which be delivered directly to Lab. The State Lab collects the speci- medical facilities. GRIC Governor, William R. Rhodes visited the construction sites of mens and sends them to the Center for H1N1 Flu symptoms homes in Districts 1 and 3. Homes in these districts are contracted by Disease Control (CDC). “With all the are very similar to the symptoms of the Dean Douglas and Red Arrow Homes and the timeline for each home is inter-changes of the specimens, it nor- regular seasonal flu. Because this is a approx 60 days. The Governor was impressed with the progress and style mally takes at least about 3 days and new form of the regular seasonal flu in which the homes were being built. (Photo courtesy of Ben Notah) sometimes as much as 7 days to get a and people have not built up a resist- result back,” Dr. Habib said. ance to it and we do not have a vaccine Dr. Habib placed the number for it, it is easier to catch. Casa Blanca School hosts performance from of Gila River cases sent to the State lab Like seasonal flu, H1N1 Flu at around 5 or 6. “We just started send- may cause a worsening of underlying Keith Secola during their Cultural Night ing [the positive Influenza A specimens] chronic medical conditions. If you are to the State a couple of days ago,” he sick stay home, don’t spread it; avoid By MIhio Manus and student participants. A group of said. As of May 1, there had not been contact with other people as much as GRIN Managing Editor students alongside Andrea Joaquin, enough time to complete the tests on possible. In the case of increasing fever joined Secola as he sang “Fry Bread” The staff and students of Casa specimens sent from Gila River Health or sore throat, difficulty breathing, and and “NDN Cars”. The students were Blanca School welcomed Nammy Care. inability to hold in food or fluids come very enthusiastic about singing the award winning artist, Keith Secola to Gila River Health Care has to the hospital for treatment. their Cultural Night held on Apr. 16 at choruses of Secola’s tunes. seen an increase in the number of pa- the school’s cafeteria. “Everybody must give some- Secola, an Ojibwe originally thing back for what they get. It’s a com- from Minnesota, penned the reserva- plete circle, a renewing of the spirit and tion anthem, “Indian Cars” which chron- a humbling process,” he said. icles the journey of a young man and In playing for the students, he his jalopy from one pow-wow to an- finds they listen to him and respond al- other. most as if he’s their uncle. “Sometimes Back in ’99, Secola decided to you’re more comfortable around your quit his day job to become a full time uncle than you are you own parents.” musician, writing contemporary music After playing four or five songs, with roots grounded in traditional Na- Secola turned the mic over to the tive American music. Within a matter Juanios Boys, from which he was bor- of five years, he found his way into rowing their drummer, so that they playing local venues and being able to could provide the music for the chicken earn money by playing gigs. scratch competition for the children. One of Keith Secola’s goals in Both students and their par- performing at Casa Blanca School’s ents had a blast dancing and compet- cultural night was to evoke feelings and ing for prizes in the contest. participation from both the audience GilaGila CrossingCrossing CommunityCommunity SchoolSchool WinsWins 9 awardsawards inin Nammy award winning artist, Keith Secola, feels that playing for children is a humbling process that renews the spirit. (GRIN photo - Mihio Manus) NNationalational SSciencecience FairFair 20092009

GGilaila CCrossingrossing CCommunityommmmmuunity SSchoolchool iiss proudproud toto shareshaarre tthishis newsnews withwith ourouur ParentsPaarrents andand thethe CommunityCommmmmuunity MembersMembers tthathat duringduring thethe AnnualAnnual NNationalational ScienceScience FairFair eventevent whichwhich waswas hheldeld iinn MMinnesotainnesota oonn MMarchaarrch 26 tthruhru MMarchaarrch 2828th,th, 20092009,, ninenine ofof ourour studentsstudents werewere awardedawarded iinn ddifferentifffffeerent ccategoriesaattegories aass ffofollowing:ollowing: NameName GGraderade CCategoryategory PProjectroojjject TTitleitle AAwAwardward IzaiahIzaiah LLopezopez 5 5thth C Computeromputer ScienceScience FastFast TrackTrack VideosVideos 1st PlacePlace NathanielNathaniel 5th EEnergynergy & WWingletsinglets DriftDrift & 2nd PPlacelace TTalementezalementez TTransportationransportation DDragrag MarisaMarisa HernandezHernandez 5th EEnvironmentalnvironmental WarmingWarming UpUp 1st pplacelace SSciencecience SarahSarah FFranciscorancisco 5th EEnvironmentalnvironmental HealthyHealthy WWaterater 1st PlacePlace MManagementanagement HHealthyealthy KidsKids MaryMary JaneJane SundustSundust 5th EEngineeringngineering RocketRocket RideRide 2nd PPlacelace ElizabethElizabeth FFranciscorancisco 7 th CComputeromputer ScienceScience PimaPima DialectsDialects 1 st PlacePlace rdrd AhnaleeAhnalee JimJim 7th EnvironmentalEnvironmental ElElectricityectricity 3 PPlacelace SSuzannahuzannah SaboriSabori 7th7th ScienceScience IIndustryndustry RRobynobyn SSorianooriano 7th7th RReform:eform: UUsingsing SStored-tored- tthermoelectricityhermoelectricity ttoo RReduceeduce GGreenhousereenhouse GasGas EmEmissionsissions GilaGila CCrossingrossing CCommunityommmmumunity SchoolSchool wouldwould likelike toto congratulatecongratulate thethe aboveaabbove studentsstudents andaannd theirtheir parents/guardians.paarrents/guaarrdiaanns. WeWe aalsolso wouldwould likelike toto ThankThaannk Ms.Ms. KarenKaren McqueenMcqueen & Ms.Ms. MarthaMaarrtha RopeRope forffoor beingbeing thethe studentstudent advisors.advisors. WeWe areaarre allall pproudroud ofof you.you.

FForor mmoreore information,inffoormation, pleaseplease contactcontact sschoolchool at 5520-550-483420-550-4834 oorr vvisitisit ouourr wwebeb ssiteite atat:: wwwwww.gccs.bia.eduwwww.gccs.bia.edu May 2009 Gila River Indian News Page 3 Letters

Congratulations to Sabrina and Bradley Jackson I would like to con- is currently Student Counsel blessings to me. We are all YOU BOTH!!! Your Dad, gratulate my daughter Sab- Secretary. proud of you. Your opportu- Vernon D. Jackson rina Edna Rose Jackson on I would also like to nities are endless. I LOVE all of her achievements past congratulate my son Bradley and present. My little cutie Dean Hill. He will be gradu- has been crowned Miss ating from Wyoming Indian Santan Headstart Queen. High School on May 17, She has played on the Saca- 2009 in which my family and Gila River Indian ton Boys and Girls Club bas- I will be there to support News ketball team and also him. Bradley has also been received the “Mini-Byte” on the honor roll from fourth award from the Boys and through sixth grades, loves Girls Club for her demon- to play baseball and has stration of her computer played for the Lander Tigers MIHIO MANUS skills and potential. Sabrina as recently as last summer. [email protected] GRIN Managing Editor is a wonderful 10-year-old Fishing, hunting, hanging out (520)562-9718 fourth grader who has also with friends and cruising in been on the honor roll since his truck are Brad’s favorite first grade. Recently she has pastimes. JERI THOMAS received honorable mention God Bless the both [email protected] from Governor Rhodes and of you, as you certainly are GRIN Office Manager (520)562-9717 Family of Ruth Jackson Morago express gratitude

GINA GOODMAN Our Mother, Ruth love of family and rich in one. We are grateful for the Valley Marina Corporation [email protected] Jackson Morago asked very God’s tender mercies. Her flowers, cards, choirs, those and the Tribal Council of Salt Receptionist little of this world. Not a day Heavenly Father, as she that spoke on her behalf, the River, Pima & Maricopa (520)562-9715 went by that she didn’t give called Him so often in prayer, Ministers, the children, the Community. You showed thanks to her Savior for food took the hand of His good volunteer gravediggers, how dear she was to every- for her table and roof over and faithful servant on those who brought food and one by your presence. She ROBERTO A. JACKSON her head. She raised seven Easter Sunday morning; on prepared food for the family. will be greatly missed but for- [email protected] children when times were the day Christ was risen. May God bless those that ever remain in our hearts. GRIN Reporter hard. She enjoyed living on We also celebrate the tri- traveled great distances to (520)562-9719 her own, watching sports on umph of Ruth Jackson Mor- honor our Mother from North Burdette, Ruth, Peggy, Terry, television and receiving af- ago. Carolina, California, Texas, & Pamela Fax: (520)562-9712 fectionate visits from her 24 The family would and Washington. A Special Ruth’s Grandchildren Email: [email protected] grandchildren and 46 great- like to thank the Gila River Thanks to the Gila River Ruth’s Great Grandchildren www.gilariver.org/index.php/news grandchildren. If you knew Indian Community for their Casinos, Gila River Indian Ruth’s Great-Great Grand- Gila River News her, you would know she felt support, love, and prayers Community Council and children rich – abundantly rich in the during the loss of our loved Council Secretaries, Sun

Material published in the Gila River Tribe has become greedy with gaming revenues Indian News may not be reproduced in any form without consent from the Gila River Indian Community. To Whom It May Concern: your Tribe, has become please, spend as they tribal gaming personnel, greedy with our gaming rev- please. Our Tribal Council human resources in which LETTERS POLICY: GRIN welcomes letters and columns from readers. Letters should be The Revenue Allocation enues. members are chummy with they are put in departments limited to 200 words and be in good taste. Material that could be libelous or slanderous is Committee, Law Office, and The Gila River Tribal Council them. They dine together. by nepotism. Today the not acceptable. All letters or columns should Administration are not being has given the Gaming Enter- After 14 years of gaming the Tribal Council has taken con- be signed with the writerʼs true name, address and telephone number in the event GRIN may fair with the people the Gila prise Board of Directors au- Gaming Enterprises opens trol of small enterprises of need to contact the writer. Only the name of the writer will be printed in the paper. Letters or River tribal members who thority to manage our the Mentorship Program. the Community. Is Our Tribal columns without a complete signature, name, supported the Per-Capita gaming enterprises for the After 14 years! What a waste Gaming Enterprise untouch- address or phone number will not be acceptable to GRIN for publication. GRIN reserves Vote of June 19, 2007. We past 10 years. In that time of time. By now our own peo- able? If not, our Tribal Coun- the right to edit submitted materials for gram- mar, spelling and content. the people should decide on span how much of our gam- ple—the ones that have cil is making it happen. Write to: what amounts can be given ing revenue has been mis- been there since our gaming Favoritism is not in the best Editor, GRIN P.O. Box 459 to the Gila River tribal mem- handled? To be frank the enterprise began—there are interest of we the people, the Sacaton, AZ 85247 bers. Eleven percent not a Board of Directors (Tribal many who still have not representation of Gila River Published letters or columns do not necessarily reflect the opinion of the editor or Gila River In- feasible percentage after 14 members) Chief Executive moved up. They have skills, Gaming Enterprises. dian Community. years of our Tribal Enroll- Operations (a non-Commu- knowledge to be Chief Exec- ment Numbers being used nity member) they are too utive of Operations, direc- Submitted by based on the number of comfortable in their capaci- tors, and supervisors. Our Philbert Soroquisara Gila River Indian Community gaming machines. Our Tribe, ties. They come as they own people deny them. The P.O. Box 97 Sacaton, AZ 85247 520.562.9500 www.gilariver.org

William R. Rhodes, Governor Joseph Manuel, Lt. Governor

District #1: Arzie Hogg Augustine Enas District #2: Jewell Whitman District #3: Rodney Jackson Myron Schurz District #4: Malcom Eschief Rebecca Rowe Darrell Gerlaugh John Antone District #5: Brenda Robertson Cecil Lewis Frank Pablo, Sr. Delane Enos District #6: Anthony Villareal Albert Pablo Terrance B Evans

District #7: Devin Redbird

Arthur Felder, Tribal Treasurer John Giff, Community Council Secretary Page 4 Gila River Indian News May 2009 T.O.’s Joaquin Brothers featured in PBS Waila documentary

cording to Ron Joaquin, it was because mentary entitled “Waila: Making the of this program that his father got his People Happy” Quechan filmmaker start with the Papago Club in Los An- Daniel Golding reports that waila is a geles. Joaquin’s father Angelo was the confluence of fiddle music of the Span- founding member of the widely popular ish missionaries, followed by the intro- Joaquin Brothers hailing from the To- duction of the accordion and violin by hono O’odham Nation. Members of the immigrant European railroad workers. Papago Club were relocated Tohono “People say its norteno or its something O’odham who were living in the Los An- else. But if you really listen you can tell geles area. it has its own beat. One of the [Joaquin] During those early days the players joke that they play the music elder Joaquin was the sole musician with an accent.” among the Papago Club members and Waila music is a popular at- was charged with organizing its band. traction at the Mul-Chu-Tha Fair and Prior to living in Los Angeles, Joaquin Rodeo held every year in Sacaton. was a boarder at the St. John’s Indian Bands vie for the coveted first place tro- Mission School, D6, where he learned phy and title. The Battle of the Bands music. event showcases senior and upcoming In the case of the Joaquin fam- waila bands like Southern Scratch or ily, these experiences had a longstand- Young Waila Musicians both of which ing effect for generations to come. At incorporate the saxophone to their his home in Florence Village, a hamlet repertoire. The music is entirely instru- By Jeri Thomas combination of indigenous and Euro- of Tohono O’odham Nation, located mental. Golding further notes, “Most GRIN Office Manager pean musical influences which culmi- southwest of the town of Florence, chicken scratch music is handed down nates to a form of “chicken scratch,” the Joaquin’s living room walls are adorned orally.” A correlation to the Urban Re- widely popular dance on the reserva- with historical photos of what now has The folklore behind the term location Program of the 1950s and In- tions of the Southwest. led up to four generations of waila mu- “chicken scratch,” so it goes, is that dian boarding schools is a stretch to The Urban Relocation Pro- sicians. Among other events throughout O’odham kicking their heels while danc- waila. But a correlation exists. gram, initiated by the federal govern- their career, the wall includes one dated ing to waila, often times on dirt dance Waila (pronounced “why-la”) ment in the 1950s, was designed to “1994 Carnegie Hall, New York City, areas, look like “chickens scratching” some say is derivative of the Spanish entice reservation dwellers to cities New York.” the ground. Let’s waila! word baile meaning dance. Waila is a where “employment was plentiful.” Ac- In a recently aired PBS docu- Congratulations to Mildred D’Souza!

By Francisca Hernandez, dred received the award for her service Public Health Nutritionist and incorporation of traditional foods Department of Health Resources within her nutrition program. Although she encounters chal- Mildred D’Souza, nutritionist lenges in her position, she considers for the Elderly Nutrition Program is ded- her job as a “God-send, dream job.” icated to modeling and promoting a She feels privileged to be given the op- healthy lifestyle within the Gila River In- portunity to serve the elders of the Gila dian Community. She is a dynamic and River Indian Community. She would highly motivated individual who is com- like to share the award with everyone mitted to serving the elders of this com- who has supported her in her endeav- munity. She came to the Gila River in ors to promote healthy eating within the 2005 with over 30 years experience as Gila River Indian Community. She a dietician. She not only strives to pro- would especially like to thank Elaine vide community members with a vari- Patrick, her chief supporter and men- ety of nutritional and traditional meals tor. but also works towards making a dif- Mildred is a most deserving, ference in their lives. caring, passionate, and extremely ded- She attended the Arizona In- icated woman and nutritionist. Her Mildred D’Souza was awarded 2009 Elder Service Progam Staff Member of the Year at the dian Council on Aging Conference April achievement underlines the need for AZ Indian Council on Aging Conference. Above: (l to r) Phyllis Antone, Mildred D’ Souza 6-10 2009. In recognition of her hard the Gila River Indian Community to do and Olympic Gold Medalist, Billy Mills. (Photo courtesy of KDMorago/Ak-Chin O'odham work, dedication, and commitment to all it can to promote nutrition and a Runner) elders, she was awarded the presti- healthy lifestyle for each and every one along with support of her department, dian Community and its esteemed eld- gious 2009 Elder Service Program of its community members. She will nutritional professionals, and the Gila ers. Staff Member of the Year. The award continue to overcome challenges and River Indian Community. It is an honor Mildred, we congratulate and was presented by Billy Mills, the 1964 obstacles to meet the nutritional needs to have such vibrant individual like Mil- thank you! 10K Track and Field Gold Medalist. Mil- of the elders by looking to her faith dred D’Souza serving the Gila River In-

For the most part, people who electricity and bulbs, our horses are all our traditional ancestral lands. measure and changes are not taken are seventy years and older seem to but gone and only now considered as I have asked time and time we will eventually assimilate into the have a very different view of the ever horse power in automobiles. Our food again “Where are all our men”? Where mainstream of the so called American changing world, not only in our Com- that grew and came from the land, we are the young boys who grow up into way of life. munity but throughout the rest of the now buy at the grocery stores. Our lan- respectful and responsible men that Is the Administrative, Legisla- world. It is hard to believe what guage is slowly disappearing. Our brought honor to our people, places tive and Judicial and Community sys- changes have occurred and how it af- songs and dances are being replaced and things? Where are our women tems of our Government going to deal fects people in general. The biggest by drum beat and songs that we don’t who held families together and were with the problems now facing our Com- change is the election of an African understand. Our care takers to our munity? Are we all going to step for- American as President of the United dances are few and children? How ward and provide protection, peace States of America. I don’t think there far between and Changing Worlds many of these and justice to all? Or will we continue to was ever very much thought about it they are slowly young people have do for ourselves and forget our pur- but these things happen only in Amer- being pushed into Emmett S. White D5 fallen to the way pose and responsibilities to others and ica. obscurity by the side of alcohol, Community? Are we ready to protect When we look at our Commu- Disney land effect of drums, beads and drugs, gangs and violence? Who can as much of our ways as possible? We nity we have seen our water disappear feathers. The list goes on and our we rely on to take us into the seventh ought to follow a Man who once said from the Gila and our fields go un- hopes of keeping our ways are dwin- generation? We were once a proud pa- “Give to Caesar what is Caesar’s and turned, an Interstate Highway now dling. ternalistic Nation where men were the to God what is God’s”. Let us give to goes through our Community, our Despite the tremendous bread winners. Now we have single the Government what is the govern- “O’Olas Ki:k” replaced by frame, sand- changes, there are those trying to hold working parents trying to keep a family ments and to people what is the peo- wich and now brick homes, the chore on to our old ways as much as possible together and raising children without ples of going after water and wood by in order to survive as a sovereign Na- support from the ones responsible for We are the GILA RIVER wagon turned to running water and tion. I don’t think we want to become a their well being. What will happen if NDIAN COMMUNITY, A PROUD NA- propane in our homes. The outhouses tribe who looses everything and be just things don’t improve? We will eventu- TION. are gone but we find them inside our a tribe in name only. We are Akimel ally become a tribe in name only with- homes! The kerosene lamps that many O’Otham, a proud Nation who is still out language, song, tradition, religion, COMMUNITY means COME-UNITE! of us studied by have been replaced by connected to the earth and still occupy and culture or land base. If drastic May 2009 Gila River Indian News Page 5 Skilled Nursing Facility Opens Story and Photos by Roberto A. Jackson

The Skilled Nursing Facility, the Skilled Nursing Facility Owner’s pink colored ribbon with a reflective christened the Caring House, held a team expressed her gratitude toward trim. The Owner’s Team, joined by highly anticipated Grand Opening on the Governor and Council for providing Governor Rhodes and Howard Reno, April 17, 2009 in Sacaton to much fan- the funding necessary to complete the GRIC’s Senior Project Manager, Tribal fare and praise. “The board of directors project. Projects Development, each had a of this wonderful facility sees today as a Governor Rhodes promptly hand in cutting the ribbon, signaling a brand new beginning. It’s a beginning recognized the efforts of those who new era in Community elder care. of more services and better care than helped the project reach its final stage. Reno reflected on the impor- ever for the elders of the Gila River In- “First, I would like to acknowledge the tance of this particular project. “I was dian Community.” said Mark Klein, Ad- hard work of Phyllis Antone, Pricilla An- blessed to be the Project Manager,” tone, the Owner’s Team and the Tribal Reno said of the Caring House. “When Projects Development office,” said Gov- this [project] was set down in front of ernor Rhodes before a large crowd of me, I wasn’t going to stop until it was dignitaries and elders. done.” Joseph Manuel, Lt. Governor, The celebration carried on with used his silver tongue to define the ties entertainment provided by Gomez between the land and the people. “We Band, D6 Headstart, Pee-Posh Bird are born in these river beds, we are Dancers, Once Upon a Time, All our Lieutenant Governor Joseph Manuel from this earth. This earth connects us Relations, and Tohono O’odham addresses the crowd during Grand all together so that we can be and live Dancers. Opening. as one.” Brenda Robertson, D5 Elder and Councilwoman, expressed her joy at the opening of the Skilled Nursing Facility. Robertson feels the facility will be very beneficial to the Community. “The types of illnesses we are faced with today require more atten- Governor William R. Rhodes thanked tion,” Robertson said. all those who were integral in helping the facility reach its final stage. She maintains that traditionally, families within the Community have al- ministrator of the 100 room facility. ways taken care of their own and their Many of the residents chose extended relatives. “That’s why we their rooms before the ceremony as want to make sure our people are taken Community elders segue from the pre- care of.” vious center on the Westend to a fully Robertson also delighted in the equipped building with vast amenities spirit of the building’s design. “The fa- including a movie theater, library, cility is built in a modern way but based beauty/barbershop, deli, exercise room on tradition of the past.” Priscilla Antone, Owner’s Team Member, motions to cut the ribbon on the Caring and general store. Tied around the entrance of the House. Phyllis Antone, Chairperson of Caring House was a brilliant purplish-

United States Department of the Interior Office of the Special Trustee for American Indians Pima Agency Field Office P. O. Box 8 Sacaton, Arizona 85247

Notice to all IIM Account Holders

It is your responsibility to keep your account current with our office. This is especially important if you will be away from home and will not have access to your mail due to hospitalization, incarceration, school, vacation, etc. If you have an address change you need to notify our office so we can update your account, also keep this in mind if you have minor children with accounts.

We have been receiving many reports where land lease checks have not been received by an account holder and may have been cashed by another individual; it is the responsibility of the account holder to take legal action.

There are account set-up options available to help protect your resources, such as putting a voluntary hold on your account or having funds direct deposited to your checking or savings account. Accounts can be updated by telephone, mail, or in person.

If you have any questions please contact our office at 520.562.3608 or 2992, or the Trust Beneficiary Call Center. Our mailing address is: Office of the Special Trustee, P.O. Box 8, Sacaton, Arizona 85247. We are located in the first building (Building 4) at the BIA Agency.

TRUST BENEFICIARY CALL CENTER 1-888-678-6836

Page 6 Gila River Indian News May 2009

n April 27, 2009 The Gila River Indian Community Office of Emergency Management (OEM) based on information provided by the Center for Disease Control, initiated a health alert and activated the Emergency Management System. The Department of Health Resources and Gila River Health Care, Public Safety personnel and key department heads were all activated to manage this current status of any cases seen at the hospital. The by the Gila River Indian Community infectious disease incident, identified in the Community. possibility of creating Office of Emergency Management H1N1 (swine flu). This team You may see Health Educators alternative care or treatment will provide recommendation for has been working around the throughout the Community sites (receiving facilities) the closing of these facilities. At clock on monitoring all the during various events. Their through out the Community is this time all educational and child cases of H1N1 (swine flu) that goal is to keep you informed an additional option that is care facilities within the Community have arisen through out the and to educate you on being considered. The are still open. The team is prepared United States and keeping in preventative measures you can response plan provides to take any action necessary to close and regular contact with take, what you should do if you comprehensive safety ensure the safety of all our the State of Arizona’s get sick, and to answer measures that the Community children. Department of Health questions you may have. will follow. Resources on cases in For the safety of community The Gila River Indian Community, Arizona. In the event of a case of H1N1 members, patrons, visitors, and the Executive Office, and your Influenza arising in the motorists in the Community, Tribal Council would like to assure Currently, the goal of the team Community, the Office of Public Safety personnel are you that the team in place is is to monitor, educate, and Emergency Management, the implementing precautionary prepared to respond to the swine inform the members of the Department of Health measures for themselves and flu. Please take some time to read Gila River Indian Community, Resources, and the Gila River the public. You may see them over this special report on H1N1 the employees of the tribal Health Care will implement wearing masks as an extra Influenza (swine flu). If you have government, and of the tribal appropriate emergency precaution. This action will any questions that have not been enterprises. The objective is response activities. Depending protect against the possibility addressed, please call the to help clarify what the H1N1 upon the number of cases, a of spreading the H1N1 flu. Department of Health Resources Influenza is, the preventive modified response by OEM will Again, depending on the at (520) 562-5100, and they would measures you can take, and include the implementation of number and location of cases be happy to assist in providing as what to do in the event you do specific patient treatment found at Gila River schools and much information as you need. get the flu. Our aim is also to protocols to manage the child care facilities, a decision keep you informed on the possible number of patients GRIC HOTLINE: (520)562-9855

Wash your hands. Travel Advisory Washing your hands often will help Issued by Center of protect you from germs. (the length Diease Control of time it takes to sing Happy Birthday or your ABC’s) We recommending that Cover your cough. people avoid Cover your mouth and nose with a non-essential travel to tissue when coughing or sneezing. Mexico. Because of our It may prevent those around you close lineage to the Pimas from getting sick. in Mexico, many of you may have family that live Avoid touching your eyes, nose or mouth. in Mexico . We Germs are often spread when a recommend you practice person touches something that is the same precautionary contaminated with germs and then measures and use touches his or her eyes, nose, or common sense when mouth. around infected people. Be Healthy. Get plenty of sleep, be physically For more information visit: active, manage your stress, drink www.cdc.gov/travel plenty of fluids, and eat nutritious food. GRIC Hotline (24 Hours) Keep your distance. (520)562-9855 Avoid close contact with people who are sick. When you are sick, Maricopa County Hotline keep your distance from others to (24 Hours) Hu Hu Kam Ak Chin Health Clinic Chandler Regional protect them from getting sick too. (602) 263-8856 Memorial Hospital (520) 568-3881 (480) 728-3000 or (520) 562-3321 Stay home when you are 1-(800) 352-3792 sick. Komatke Health Center Maricopa County Hosptial Casa Grande Hospital Gila River Indian Community If possible, stay home from work, (520) 550-6000 (602) 344-5011 (520) 381-6300 Health Resources Department school, and errands when you are (520) 562-5100 sick. You will help prevent others from catching your illness. May 2009 Gila River Indian News Page 7 Bird singing and dancing helps D7 residents to revive cultural interest By Cher Thomas, D6 Special to the GRIN Bird dancing is a time-honored tradition for gatherings. She was even Jr. Miss Gila River in 2006. Chavez High School. She recently learned how to bird the Maricopa people who reside in District 7 (D7). One of her cousins, Isaac Sundust, also of dance from participating in the group and is now help- Initially designed to mimic the steps of birds, D7, wanted to learn how to sing bird songs. The pair ing to teach the younger group members how to bird dancing evolved from simple beats known as simply wanted to find out more about their culture. dance and stands as a role model for Native American straights to become more complex by incorporating Consequently, the idea of teaching and learning bird students at her high school. This is a good indication hops. It is still used ceremoniously during funerals and songs and dances caught fire in the district and more of what the group can do for its district and commu- socially at gatherings and contests. and more young girls and boys expressed interested nity. Bird dancing incorporates a set of songs that and they needed more room. For more information on the group or to con- is universally known throughout the Yuman Region as “We needed more space! There were so tact them for events please call D7’s Recreation Co- well as variances in style and pitch that change from many kids and families wanting to learn so Isaac and ordinator Cynthia Gonzales at 520-430-4780. among tribes. The Maricopa of D7 are one of the I asked the D7 recreation committee for the use of the D7 Bird Dancers perform at the Five Tribes Peace Treaty Celebration service center and they agreed,” said Parker. The D7 in Co-op Village. (GRIN Photos - Roberto A. Jackson) Service Center recreation staff and committee have supported the group with use of the service center facilities and transportation to certain events. The group is currently comprised of youth as young as two years old to elders in their 80s. As more students presented themselves so did teachers. The D7 Bird Singers and Bird Dancers are guided by a team of traditional singers and dancers from D7 and other Yuman tribes. Teachers include Matthias Howard, Clayton Lee, Savina Laws, Samantha Mercado, Verna Parker and Michael Mirelez. All the teachers are from D7, except for Michael Mirelez. Mirelez is from the Torrez Martinez many Yuman tribes of the American Southwest. Band of Cahuilla Indians in California; he is helping At the 2009 Five Tribes Peace Treaty Cele- the group learn how to dance the Cahuilla style of bration in Co-op Village, several young Maricopa girls dancing. from D7 and a couple of young men stood on the “It’s important that we’re respectful of all the stage with their teachers and shared what they have Yuman tribes and their ways. Our goal is to teach learned with the audience. This was the first time the them different styles of dancing so when we take them D7 Bird Dancers performed for a large group of peo- places throughout the region they will know how to ple. dance to their songs,” says Parker. With the help of The group began in March ’09, when Amanda different families and people the group will continue to Parker wanted to help her cousins learn how to par- learn all they can about Yuman culture and will con- ticipate in bird dancing and singing. Parker has been tinue to share their newly gained knowledge with the bird dancing for nearly 5 years and has traveled community. throughout the Southwest representing the GRIC Recently, one of their group members, Maricopa at various Bird Dance competitions and Marissa Sundust won the title of Miss Indian Cesar

New Organic Initiative in ADOT, TERO program graduates initial class in AZ 2008 Farm Bill Available to Training Academy Arizona Farmers, Ranchers PHOENIX, May 7, 2009— The Natu- taxicab ride just to ensure he made it to ral Resources Conservation Service class. In the end, it paid off when Lewis (NRCS) is accepting applications from found work upon graduating. May 11-29 for a new initiative under “I want to be old and smiling all the Environmental Quality Incentives the time,” Lewis said. “As long as you Program (EQIP). Agricultural produc- work, you’ll be alright.” ers who are certified organic produc- On Fri, Apr. 17, participants in ers and those transitioning to organic the Arizona Training Academy gradu- production can apply. ated from the program and celebrated NRCS is allocating $50 million with an informal potluck at the CTC nationally to this initiative, and more Lab. Graduates dined on red chili stew, than $926,000 is available in Arizona. beans, fry bread and tamales as diplo- The 2009 Organic Initiative is mas were handed out. a nationwide special initiative to pro- This particular six-week class vide financial assistance to National was the initial run of the training acad- Organic Program certified organic pro- emy and classes were held in the CTC ducers as well as producers in the lab with sessions running between 8 process of transitioning to organic pro- a.m. and 2:30 p.m. For more informa- duction. Organic producers may also tion on the program contact the TERO apply for assistance under general office in D3. EQIP. Theresa Garcia holds her diploma for Pre- Under the Organic Initiative, Arizona Training Academy graduates: (l to r) Kevin Lewis, Heather Miguel, Chris Sabori, Apprenticeship in Highway Construction. Vince Blackwater, Justin Morgan, Shawn Tsinnajinnie, Satentha Tobey and Bill Parker. required minimum core conservation practices will be determined by spe- Story and Photos cian work. cific resource concerns. The practices By Mihio Manus This training is made possible are: Conservation Crop Rotation; GRIN Managing Editor with Federal Highway Administration Cover Crop; Nutrient Management; funds that are provided to the Arizona Pest Management; Prescribed Graz- Lead instructor, John C. Malmos told Department of Transportation (ADOT), ing; and Forage Harvest Management. the graduating class of the Arizona where ADOT then funds the program EQIP is a voluntary conserva- Training Academy that everyone has through the Tribal Employment Rights tion program for farmers and ranchers obstacles to deal with but it’s how we Office (TERO). The Arizona Training that promotes agricultural production deal with these issues that determines Academy works in conjunction ADOT and environmental quality as compat- our success. Coordinator, Mary Cook, to provide par- ible national goals. EQIP offers finan- In encouraging the graduates ticipants with an orientation to crafts cial and technical help to assist eligible toward finding potential jobs, Malmos where the end goal is to stimulate in- participants install or implement struc- said, “Show up on time and ready to terest in heavy highway work. tural and management practices on el- work.” Graduate, Kevin Lewis said, igible agricultural land. Malmos, along with Sonny “They’re showing us what’s available to Visit the Web at Williams, Joe Wilenski and Jerry Guy, us within the different areas of ADOT.” www.az.nrcs.usda.gov to contact your guided a class of Community members When the class had training held in local NRCS office, or call 620-280- through training in areas like carpentry, Scottsdale, Lewis said he would catch 8800 for more information about the sheet metal and iron work, and electri- the bus along with three transfers and a organic initiative under EQIP. Page 8 Gila River Indian News May 2009 Gila River man pleads guilty to Sacaton woman sentenced for second-degree murder homicide of three year-old.

PHOENIX– Jonathan Bennie Yazzie, tim in the back of the head, killing the PHOENIX – Mercedes Howard, 29, of ment that the victim had “done the Jr., 20, of Peach Springs, Ariz. and a victim instantly. Agents recovered the Sacaton, Ariz., was sentenced to 17 ½ splits” and caused his own injury. She member of the Gila River Indian Com- murder weapon outside the trailer, and years prison, by U.S. District Judge later admitted that about a week before munity, pleaded guilty on Thursday, defendant’s bloody handprint was Frederick Martone on Wednesday, April the child’s death, she kneed the child April 30, to Second-Degree Murder for found on the maul. 29. Howard had pleaded guilty on Au- in the groin because he was not brush- killing a 47-year-old member of the The crime of Second-Degree Mur- gust 5, 2008 to Involuntary Manslaugh- ing his teeth properly. The autopsy Hualapai Indian Tribe. der carries a maximum of life in federal ter and Assault Resulting in Serious also showed evidence of multiple On November 11, 2008, Yazzie prison and five years of supervised re- Bodily Injury. bruises over the child’s body and came home intoxicated to his mother’s lease. Sentencing is set for August 3, The facts showed that on Sep- bruises to his head and face. Howard trailer and kicked open the door while 2009 before U.S. District Judge Mary tember 17, 2007, Howard was living indicated that she would sometimes hit people inside were sleeping. After forc- H. Murguia. with her girlfriend, Alicia Manuel, who the child with a slipper shoe on his ing himself in, Yazzie starting fighting The investigation in this case was is the mother of the child. The child back. She would also hit him in the with his stepfather. The victim stepped conducted by the Federal Bureau of In- woke with phlegm in his throat. head when he would not eat. in to stop Yazzie from hurting his step- vestigation and the Hualapai Nation Howard became upset with the child The child’s mother was indicted on father, and Yazzie turned on him. Police Department. The prosecution because he spit-up on her. She began March 3, 2009 for her involvement in Yazzie assaulted the victim, got him to was handled by Jennifer E. Green, As- pushing the child into the shower this offense to include her conduct in the ground, and kicked the victim in the sistant U.S. Attorney, District of Ari- where she and the child eventually failing to protect the child (Felony Child head and body. Yazzie grabbed a zona, Phoenix. began a shower. Howard was using Abuse); simple assault of the child (As- wood-splitting maul and struck the vic- the shower head to wash out the child’s sault of a Child Under Age 16) and try- mouth and the child was uncoopera- ing to cover up the conduct of Howard.

GILA RIVER POLICE DEPARTMENT tive. Howard then angrily pushed the (Misprision of a Felony.) Manuel is MONTHLY MANAGEMENT DATA child, who fell and hit his head on the pending trial. MONTH March YEAR: 2009 PREPARED BY: Denna L. Domingo bath tub. The child became unrespon- The investigation in this case was CRIMINAL DATA CURRENT MONTH LAST MONTH % YEAR TO DATE PRIOR YEAR % sive, limp and died a short time later conducted by the Gila River Police De- ASSAULT - OFFENSES REPORT 65 5416.90% 182 130 28.50% from the injury. partment and the FBI. The prosecution (No weapons) ARRESTS MADE 20 25-20% 82 49 40.20% FORGERY - OFFENSES REPORTED 10100% 21 50% An autopsy showed evidence of a was handled by Sharon Sexton, Assis- ARRESTS MADE 10100% 10 100% significant injury to the child’s genital tant U.S. Attorney, District of Arizona, CRIMINAL - OFFENSES REPORTED 36 45-20% 126 108 14.20% DAMAGE ARRESTS MADE 5 7-28% 19 10 47.40% area. Howard first told law enforce- Phoenix. WEAPONS - OFFENSES REPORTED 46-33.30% 16 10 37.50% ARRESTS MADE 4 3 25%12 4 66.60% SEXUAL - OFFENSES REPORTED 60100% 911-18.20% CONDUCT ARRESTS MADE W/CHILDREN 00Same 00 Same D.U.I. - OFFENSES REPORTED 11 11Same 35 23 34.20% ARRESTS MADE 11 11Same 35 23 34.20% LIQUOR - OFFENSES REPORT 9103128-10% 9.60% LAWS ARRESTS MADE 10 10Same 34 36 -5.50% DISORDER. OFFENSES REPORT 16 20-20% 59 36 38.90% CONDUCT ARRESTS MADE 12 15-20% 43 28 34.80% CHILD - OFFENSES REPORTED 7 357.10% 15 23 -34.70% ABUSE ARRESTS MADE 01-100% 11Same ARPA - OFFENSES REPORTED 00Same 00 Same VIOLATIONS ARRESTS MADE 00Same 00 Same CURFEW - OFFENSES REPORTED 20100% 22Same ARRESTS MADE 60100% 61 83.30% DRUG - OFFENSES REPORTED 24 1537.50% 58 51 12% OFFENSES ARRESTS MADE 15 1126.60% 41 46 -10.90% ALL OTHER - OFFENSES REPORTED 207 146 29.40% 555 628 -11.60% OFFENSES ARRESTS MADE 137105 23.30% 400 416 -3.80%

CRIMINAL DATA CURRENT MONTH LAST MONTH % YEAR TO DATE PRIOR YEAR % + OR - TO DATE + OR - HOMICIDE - OFFENSES REPORT 11Same 4175% ARRESTS MADE 1 0 100% 10100% RAPE - OFFENSES REPORTED 0 2 -100% 6433% ARRESTS MADE 0 0 Same 00Same D3 Home Demolished ASSAULT - OFFENSES REPORTED 13 13 Same 39 27 30.70% (Weapons) ARRESTS MADE 3 10 -70.00% 19 17 10.50% The home of the late Samuel Thomas, former Farm Manager for the GRIC is leveled ROBBERY - OFFENSES REPORT 11Same 34-25.00% ARRESTS MADE 0 0 Same 02-100% to make way for a new home. The original portion of the home consisted of Adobe BURGLARY-OFFENSES REPORT 713-46.10% 28 19 32.10% which dates back well over fifty years. Aleshia Co’Nei’Sen’Ney, Thomas’ granddaugh- ARRESTS MADE 0 0 Same 4250.00% THEFT - OFFENSES REPORTED 29 41 -29.20% 97 84 13.40% ter, sought to maintain the house, but stated that Facility Maintenance determined the ARRESTS MADE 1 4 -75% 6350% cost of renovations would have exceeded the building of a new house. Facility Main- MV THEFT-OFFENSES REPORTED 12 15 -20.00% 35 38 -8% tenance recommended to move forward with construction. The old home had a base- ARRESTS MADE 0 8 -100% 8188% TOTALS - OFFENSES REPORTED 451 396 12.20% 1,302 1,228 5.70% ment, which is a unique feature for Community houses. Co’Nei’Sen’Ney was stricken ARRESTS MADE 226 211 7% 712 639 10.30% by the sight of her girlhood home being toppled, but the silver lining will come in the form of a new 4-bedroom 2-bath Community house. (GRIN Photo - Roberto A. Jackson) ARREST / DETENTION DATA CURRENT MONTH LAST MONTH % AR TO DAT PRIOR YEAR % + OR - + OR - ADULTS - FELONY 2 5 -60% 913-31% MISDEMEANOR 184 152 17.30% 565 487 13.80% TOTAL ADULT 186 157 15.60% 574 500 12.80% JUVENILES - FELONY 0 0 Same 00Same MISDEMEANOR 40 54 -25.90% 138 139 -0.71% TOTAL JUVENILE 40 54 -25.90% 138 139 0.71%

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FOR MORE INFORMATION CALL LLeoneon ManuelManuel (602)(602) 9908-659808-6598 [email protected][email protected] DaveDave yyeskesk (520)(520) 5562-202562-2025 [email protected]@gric.nsn.us

May 2009 Gila River Indian News Page 9 Elder Games and Picnic Hosted by D1 Story and Photos by Roberto A. Jackson Community elders con- as a DJ was on hand to spin vened at Ke:Li Akimel Ballfield some golden oldies as well as in D1 on Fri. April 24, 2009 for a hearty mix of waila and the Gila River Senior Games & cumbia. Eschief also stated Picnic. The agenda included a that seniors exercise at the 3k Senior Walk, individual Wellness Center on Mondays, games, team games and also and are able to make appoint- an awards segment. Danny ment during regular hours Eschief, Recreation Coordina- which have been expanded to tor, estimated up to 100 in at- include Saturdays. “This is tendance, with all seven the first time we’re opening on Districts represented as well as Saturdays,” Eschief said. visiting elders from the Salt Elders also travel to River Pima-Maricopa Indian outlying Communities to par- Community. ticipate in events designed for The event offered eld- senior participation. “[The ers a chance to visit friends Elders] went to Salt River and and make new connections as participated in their games,” they actively participated in vol- Eschief said as the D1 ball- leyball, relay races, archery, field was clamoring with the wiffle ball, and chicken toss. No sights and sounds of GRIC actual chickens were tossed; elders partaking in the day’s only rubberized versions of the coordinated events. Adaptive feathered clucker were used. games were available for Community Elder from D5, participates “[The Elders] really those who operate a cane, An Elder displays his shirt with sentiments from the Duke. by racing for his team during the relay have a lot of fun,” Eschief said wheelchair or walker. event.

Eagle Scout performs good deed honoring WWII Marine hero Ira H. Hayes By Jeri Thomas GRIN Office Manager

T.J. Decker knows how to get The Ira H. Hayes Monument if Sister Martha would have not opened Nearly 50 volunteers worked a full day. something accomplished. In a matter of and Memorial Garden is located nearby the gates of St. Peter’s to me and al- They tilled the ground and planted veg- a day, the young Eagle Scout coordi- shady trees on the back property of the lowed me to do my project on the Mis- etables that will be tended to by the stu- nated enough donated materials and St. Peter’s Indian Mission School. sion grounds. These nuns are definitely dents. volunteer resources to erect an adobe Decker thanks “Sister Martha and the doing God’s work in making this world a The Monument has words wall, plant a vegetable garden, and seven other amazing women that live better place.” etched onto it that will immortalize the erect a monument in homage of Ira H. at St. Peter’s Mission. This project The wall is made of adobe, 19-year old seaman for his participation Hayes, 1923-1955. would never have gotten off the ground cactus ribs, and whitewashed stucco. in the fiercest bloodiest battle on Mount Suribachi on Feb. 23, 1945. Reports state that the Battle of Iwo Jima is the costliest battle in Marine Corp. history. Its toll: 6,821 Americans dead, 5,931 of them Marines. An extra special touch was a first person account by Bob Strome, a WWII survivor who shared his experience about the historical moment when the United States flag rose atop Mount Suribachi. Ira H. Hayes was one of six men who planted the flag which sym- bolized the end of “Bloody Iwo” and vic- tory over the Japanese. AP photographer, Joe Rosen- thal later won the Pulitzer Price in 1945 for the most memorable photograph of World War II. Due to excess monetary contributions, the “Ira Hayes Soaring Eagle Scholarship” will be awarded annually in the amount of $400 to a Mission student. The next four years are funded.

T. J. Decker gives sincere thanks to:

Bob Strome Nancy Coxe Coppola Family Rock Source Horizon Landscaping All Season Wholesale Flowers Safeway Page 10 Gila River Indian News May 2009 Celebration Recognizes Treaty in D7 Story and Photo by Roberto A. Jackson

In 1863 the United States was that is still recognized today. Annual Five Tribes Peace Treaty Cele- Governor, Joseph Manuel, as well as in the second year of the American Civil In honor of the goodwill ex- bration on Apr. 11, 2009. appearances by visiting royalty. War, and Abraham Lincoln had signed pressed by the forefathers of the rec- The festivities included a pa- The day was filled with activi- the second order of the Emancipation ognized tribes, D7 hosted the 146th rade, a 5k run/walk, a welcoming by Lt. ties for all age groups. “You see a lot Proclamation. During that same year, of Community members with their fam- construction was underway on the First ilies here. It’s real family-oriented,” said Transcontinental Railroad. Devin Redbird, D7 Council Represen- The Gila River Indian Commu- tative. nity also had a hand in the historical sig- Among the performing dance nificance of that tumultuous year. In groups were the Ft. Yuma Quechan Ah- contrast to the blood that was being keel Dance Group, Skywalk Bird shed between the Northern states of Dancer Group, D7 Youth Bird Dancers, the Union and the Southern states of and the 5th Generation Pima Basket the Confederacy, there was an agree- Dancers. ment of respect between tribal leaders The celebration was charged of the Southwest. On one side of the with an enduring sense of unity. continent, a difference in political ideals “There’s no such thing as Pimas and led to lives being lost by the hundreds Maricopas here,” said Redbird of the at- of thousands. In the expanding Ameri- mosphere. can West, a harmonious union of mu- There were issues with the tual peace led to lives being protected. rainy weather which caused the boxing The outcome of that fateful tournament to be moved indoors as gathering was the Five Tribes Peace well a decrease in the amount of ven- Treaty. Maricopas, Pimas, Yuman, dors. The musical entertainment was Hualapai, and the Chemehuevi Tribe Jason Pratt, D4, performs in the Westend during Five Tribes Peace Treaty Cele- provided by Papago Warrior. provided the framework for the Treaty bration on April 11, 2009. Sheraton at WHP debuts new ballroom and meeting space Phoenix, AZ – (May 2009) One of luxury resort. very fortunate to be sharing this good catering events and large pharmaceu- North America’s best resorts is set to Designed by Jacobs Carter news,” said Director of Sales and Mar- ticals. get even better – introducing the new Burgess the new ballroom alone is keting, Patrick Connors. “We realize Jacobs Carter Burgess de- ballroom and enhanced meeting 15,000 sq. ft, divisible into 7 sections, that it is an uncommon privilege this signed the space to reflect the culture space at the Sheraton Wild Horse the two additional meeting rooms at year to host a ceremonial ribbon cut- and authenticity represented through- Pass Resort & Spa. The expansion nearly 1,000 sq. ft each and a foyer ting.” out the Resort’s existing architecture project will debut on June 3, 2009. offering 8,884 sq. ft of pre-function This added space will offer a and decor. The round design of the The process has added 25,884 space now bring the resort’s total new opportunity for many large groups foyer is reminiscent of the traditional square feet of additional meeting meeting space square footage to to book the Resort’s 500 rooms and Pima roundhouse and honors the cus- space to the Resort offering limitless 70,000. comfortably feed and house meetings toms of the Pima and Maricopa new business opportunities and en- “In light of the current econ- of up to 900 people. In addition, this Tribes. suring that the Sheraton Wild Horse omy and in a time where many resort new space will appeal to national Pass Resort & Spa has the competi- additions and enhancements have trade shows needing ample exhibit tive edge amongst any comparable been halted we consider ourselves space, national associations, social

www.sapphiretechnology.net Dur ing theseh ar deconomi cti mesth a t theen tirecoun try isexper ienc ing, Iwou ld like to ta ke time tocordiallythanktheSovereignNationoftheGilaRiverIndianCommunityforprovidingthe opportunitytoestablishbusinessrelations. InjustashortperiodoftimewehaveprovidedcostsavingstotheCommunityofapproximately $20, 000.00 ,w hilea t thesame timeno tsacr ific inganycus tomerserv ice, tec hn ica lresourcesor departmentalproductivity. IwouldLiketothanktheDepartmentofPropertyandSupply,theExecutiveOffice,theDistricts andthehostofmembersthathaveinquiredaboutourservices. Asthecount rymovesf orwar di na“N ew Direc tion ” towar dseconom icrecovery, the Sapp hire TechnologyGroupwillbetheretoassisttheGilaRiverIndianCommunityinachievingtheirgoals andfutureendeavors

CopierSystems ServiceContractsandsupplies B&WandFullColor TechnicalSupport Faxes& Consulting Printers Equipment Leasing Scanners Assessments 45115WestGarveyMaricopa,AZ.www.sapphiretechnology.net 480Ͳ208Ͳ5566 May 2009 Gila River Indian News Page 11 Indian Country Meth Initiative Accomplish- “Playing for Keeps” ments recognize GR Prevention Coalition Changing the Dynamics of Diabetes for Native Youth

The Gila River Indian Commu- over 15 schools. Sober Challenge Submitted by: The Diabetes Preven- ested. Participants of the DPPY learn nity has developed the Gila River Pre- Week is sponsored as an annual event tion Program for Youth, Life Center- about: the food pyramid, how to read vention Coalition as a means to celebrating and promoting an alcohol Gila River Health Care food labels, fun ways to be physically promote “cultural pride, strength and and drug free life. The Red Ribbon Run The goal of the Diabetes Prevention active, ways to use support systems wellness” to tackle substance abuse isis also held each October to promote Program for Youth (DPPY) is to pre- in the community to stay healthy, plus sues within the community. The Coali- sobriety along with other vent or delay the onset of diabetes much more! Snacks are offered at tion is made up of service providers events such as the Style Talent Show among community members in the each activity to show youth a healthy and concerned community members and Alcothons. These activities provide Gila River Indian Community (GRIC). alternative to what they may normally working collectively towards a healthy individuals and families with alternative We believe that a person should not choose. Youth are also shown simple and empowered Gila River Indian activities in promotion of safe, sober, and fun activities they can do at home Community. In 2008, the Coalition had and healthy lifestyles. just live their life as it comes, but, should “live well”. The program aims to increase their physical activity enormous success with the creation of To ensure that the needs of level. The program is designed to be “community block parties.” The block Tribal members are met, intensive out- to teach youth that diabetes can be informative and fun! parties served as an effective vehicle patient treatment services are provided prevented through healthy eating to spread the message about the dan- in the Community. The treatment serv- habits and physical activity. The program has seen many positive gers of underage drinking and drugs, ices utilize best practices, evidence- particularly methamphetamine, to the based curriculum and programming, The DPPY at Gila River Health Care changes youth have made by making seven rural and remote districts in Gila coupled with a Treatment Team ap- began in the summer of 2008 and is healthier lifestyle choices. It is our River. Moving forward, each block party proach to providing case management designed to serve all Native American hope that the youth will use the will specifically address the needs of services. In addition, residential treat- youth between the ages 10-17. Since knowledge and experiences from the each community district and will incor- ment is provided in District 6 of the 2008, the program has served over DPPY to make positive lifestyle porate anti-substance abuse mes- Community for enrolled members of 300 youth in the Community. Pro- choices that will have a lasting sages, inspiring speakers, positive Gila River Indian Community. The res- gram activities take place throughout impact and that will be continued into activities for elders and youth, music, idential treatment center is located on the GRIC and program partners are their adulthood. and traditional foods. 40 acres and houses up to 82 resi- represented in all seven Districts. Within the schools, evidenced- dents, including adults and some of Summer enrollment begins now! To based programs have been adapted to their children. The center, “Thwajik Ké” The program uses a variety of visual enroll your child or have the DPPY meet the cultural needs of the youth. meaning Healing House, includes a aids to enhance learning and create visit your organization, contact Gila The Protecting You/Protecting Me pro- detox center, a residential treatment real-life experiences. Activities in- River Health Care – Life Center at gram for elementary school aged chil- center for men, a residential treatment clude lessons that are hands-on and (520) 562-3321 ext. 1242 or email dren and the Project Alert program for center for women, and transitional liv- interactive to keep participants inter- Jennifer Reinke at [email protected]. middle and high school ing centers for residents needing more students have been implemented in support.

Take Charge of Your Healthcare!

Living with a chronic disease such as diabetes is not easy especially when it comes to receiving healthcare. There are many times that we don’t understand what is happening to us or we don’t understand what the medical staff is telling us. Sometimes we may feel like they are talking a different language and this may con- fuse us. This is where being proactive in your healthcare becomes important. You as a patient have the right to know You may be at risk if: The DPP offers: what is going on with you. This is the time to take charge of your healthcare! x A family member has diabetes x 16-session lifestyle balance x You weigh more than you classes Some steps to take charge of your healthcare: should x Incentives for participation •Be an active participant in x You had diabetes while Fun group activities... your healthcare. x •Ask questions. pregnant x Healthy food and snacks •If you don’t understand what is being said ask them to ex- x You had a baby weighing x Cooking classes plain it. It’s your health. over 9 pounds at birth x Personal nutrition counseling •Participate in all the decisions of your healthcare. x A doctor or nurse told you that x And much more!!! you have blood sugars that It maybe uncomfortable to do x Enrollment begins now! at first, but remember the are higher than normal providers are there to assist you in becoming well and to give you the best possible care. You are the center of For more information call us or visit the the health team. Diabetes Prevention Program (520) 562-3321 Ext. 1242 Cynthia Antone We are located in the Life Center at Social Research and Program Hu Hu Kam Memorial Hospital and Komatke Health Clinic. Development Gila River Health Resource Department Page 12 Gila River Indian News May 2009 Council Action Sheets for Meetings on Apr. 1 & 15, 2009

ACTION SHEET PRESENTERS: Kimberly Dutcher & Errol Blackwater to delegate Economic Development Standing Committee for D5—Delane Enos; Franklin Pablo, Sr., Brenda Robertson, APPROVED a period not to exceed 35 days, appoint the new board May Cecil Lewis Community Council 7. A Resolution Authorizing the Purchase of Interests in Al- 6, the first Council meeting in May, to make sure the essen- D6—Anthony Villareal, Sr., Albert Pablo, Terrance B. Evans P. O. Box 2138 lotted Trust Land within the Exterior Boundaries of the Gila tial functions of Lone Butte are taken care of, insert a code (9:12) Sacaton, AZ 85247 River Indian Reservation (Interests in Allotments 1419 and of conduct and standardize the terms; seconded by Coun- D7—Devin Redbird PHONE: (520)562-9720 1419A) cilman Malcom Eschief, District 4. APPROVAL OF AGENDA Fax: (520) 562-9729 PRESENTERS: Kimberly Dutcher & Errol Blackwater APPROVED APPROVED WITH AMENDMENTS The first monthly meeting of the Gila River Indian Commu- APPROVED A motion was made and seconded to take a lunch break until STATE OF THE COMMUNITY ADDRESS 8. A Resolution Approving the Gila River Indian Community 2:00 p.m. nity Council will be held Wednesday, April 1, 2009, 9am, PRESENTER: Governor William R. Rhodes Gaming Internal Audit Department Charter Governor Rhodes reconvened the meeting at 2:00 with a Community Council Chambers, Governance Center, Governor William R. Rhodes read his address to the Com- PRESENTERS: Robert Russin & Auditors quorum of 13 Sacaton, Arizona. (Quorum =10) munity from 9:15 through 9:50 APPROVED NEW BUSINESS (10 minute break for AV set up) CALL TO ORDER 9. A Resolution Approving the Articles of Organization of the 1. Central Arizona College Foundation (Lt. Governor Manuel left meeting to attend NIGA confer- Governor Rhodes called the meeting to order at 9:00 a.m. Akimel Enterprise, L.L.C., A Private Limited Liability Com- PRESENTER: Gary Broussard ence in Downtown Phoenix) INVOCATION pany 2:02 Councilman Rodney Jackson arrived; quorum = 14 INTRODUCTIONS Councilman Malcom Eschief, District 4, provided the invo- PRESENTERS: Mike Shiel & William Rhodes 2:04 Councilman Malcom Eschief arrived; quorum = 15 1. Gila River Health Care Corporation Mentorship Program cation. APPROVED 2:09 Councilman John Antone Arrived; quorum = 16 (Coun- PRESENTER: Hugh Collins ROLL CALL 10. A Resolution of Consent to Grant a One-Time Event cilwoman Rebecca Rowe did not return from lunch break) - Pamela Thompson, Chief Operating Officer EXECUTIVE MEMBERS PRESENT: Liquor License to the Ronald McDonald House Charities of Mr. Dennis Jenkins, President of Central Arizona College - Victoria Dawahoya, Komatke Health Center Operations Governor William R. Rhodes Southern Arizona for Use at the Whirlwind Golf Club, To Take made a presentation of a plaque to the Community that read Manager Lt. Governor Joseph Manuel Place May 15, 2009 “In appreciation of Gila River Indian Community Promise for - Cheryl Thomas, Managed Care Manager COUNCIL MEMBERS PRESENT AT ROLL CALL: PRESENTERS: Jason Hauter the Future Endowment Scholarship. Presented to the Gila - Cecelia Robles-Manuel, Facilities Manager D1—Augustine Enas, Arzie Hogg APPROVED River Indian Community on behalf of Central Arizona Col- Each Mentee was introduced by her supervisor and then D2—Jewel Whitman 11. A Resolution Authorizing and Approving the School lege and the Foundation. We extend our deepest appreci- each Mentee did a self-introduction. D3—Myron Schurz Board and Principal of Vechij Himdag MashchamakuD Al- ation to the Gila River Indian Community for their vision, 2. Gila River Close-up Program Delegation D4—Malcom Eschief, John Antone, Rebecca Rowe ternative School to Execute a Promissory Note in Favor of leadership, and lasting impact on the Promise for the Future PRESENTER: Michael Preston D5—Delane Enos, Franklin Pablo, Sr., and Cecil Lewis; the Gila River Indian Community Scholarship. We are extremely grateful to partner with Gila Michael Preston, Youth Council Coordinator, introduced vis- COUNCIL MEMBERS PRESENT AFTER ROLL CALL: PRESENTERS: Lupita Martinez, Arthur Felder & Kimberly River Indian Community to improve the quality of life of our iting Youth Councils from Tohono o’odham and South Car- D3—Rodney Jackson (2:00) Dutcher youth, families, and citizens of Arizona.” olina Cherokee Nations; after which the Close-Up Program D4—Darrell Gerlaugh (9:22) APPROVED 2. Old Skilled Center Lease delegates introduced themselves to Council. D5—Brenda Robertson (9:04) PRESENTERS: Linus Everling & Rebecca Hall Governor Rhodes declared a lunch break until 1 p.m. D6—Anthony Villareal, Sr. (9:22), Albert Pablo (9:24); Ter- 12. A Resolution Allocating the Community’s Share of Funds MOTION: Councilman Jewel Whitman, District 2, mo- Governor Rhodes reconvened the meeting at 1:04 p.m. with rance B. Evans (9:07) from the Bureau of Indian Affairs Distribution of Monies from tioned to approve the recommendations as stated by Mr. a quorum of 14 Council members present. D7—Devin Redbird (9:04) the American Recovery And Investment Act of 2009 to the Linus Everling; seconded by Councilwoman Brenda Robert- MINUTES Governor Rhodes announced a roll call sheet was being Construction and Project Management Of Vah Ki Road son, District 5. 1. March 4, 2009 – Regular passed around. PRESENTERS: Doug Torres & DOT Staff APPROVED PRESENTER: John Giff (Councilwoman Brenda Robertson and Councilman Devin APPROVED 3. First Things First, Gila River Indian Community Regional APPROVED W/CORRECTIONS Redbird arrived; quorum = 12) 13. A Resolution Authorizing the Memorandum of Agreement Partnership 2. March 19, 2008 – Regular APPROVAL OF AGENDA Between the Council Indirect Cost Waiver Request PRESENTER: Gloria Kyyitan APPROVED WITH AMENDMENTS Gila River Indian Community and HA NUKUTH’ THAM KI, PRESENTER: Cathy Thornton APPROVED W/CORRECTIONS VAH’LL OU ITEM WAS TABLED AT THE APPROVAL OF THE AGENDA MINUTES 3. April 2, 2008 – Regular MAAHN SH, the Caring House 4. Certification of Candidates for the 2009 Gila River Com- 1. March 20, 2009 – Special PRESENTER: Gloria Kyyitan PRESENTERS: Rebecca Hall & Linus Everling munity Council PRESENTER: John Giff APPROVED W/CORRECTIONS APPROVED APPROVED Election for Districts One, Four, Five, and Six REPORTS (Councilman Terrance B. Evans arrived; quorum = 13) 14. A Resolution Approving the Community Courts Grant Ap- PRESENTERS: John Giff & Nadine Shelde 1. Student Services 1st and 2nd Quarter Reports for Fiscal plication to the United States Department of Justice, Office MOTION: Councilman Terrance B. Evans, District 6 mo- REPORTS Year 2009 of Justice Program’s Bureau of Justice Assistance for Fund- tioned to certify Arzie Thomas Hogg, Barney Bailey Enos, 1. Nauropathic Medical Demonstration Project Report/Up- PRESENTER: Bonnie DeWeaver ing under the Justice and Mental Health Collaboration Pro- Jr., Jennifer Allison-Ray, Malcom Eschief, Brian Eric Davis, date REPORT HEARD gram. Sr., Gordon Santos, Sr., Darren Curtis Pedro, Anthony PRESENTER: Wanda Manuel 2. Culture Teacher Gathering 2009 Report PRESENTERS: Rebecca Hall & Jan Morris Christopher Villareal, Sr., Karen Serna, Lisa Dorene Shelde REPORT HEARD Arlene Joyce Hughes APPROVED with the exception not to certify Sara Bird-in-Ground; sec- 2. Overview of Department of [Human] Health Services REPORT HEARD 15. A Resolution Requiring Casa Blanca Middle School to onded by Councilman Jewel Whitman, District 2. (DHS) Billing 3. Gila River Community Semi-Automatic External Defibril- Return Unused Tribal Education Allocation Monies in the APPROVED PRESENTER: Glen Cummings lator Program Amount of $76,443.58 to the Gila River Indian Community’s 5. Financial Status Report as of March 16, 2009, and Rec- REPORT HEARD PRESENTER: Christopher Black General Fund ommended MOTION FOR EXECUTIVE SESSION REPORT HEARD PRESENTERS: Kimberly Dutcher Controlled Spending for the Fiscal Year Ending 09-30-09 (Councilmen Anthony Villareal, Sr. and Darrell Gerlaugh ar- 4. Department of Community Housing Monthly Report for APPROVED PRESENTERS: Governor William R. Rhodes, Arthur Felder, rived; Quorum = 15) March, 2009 (Councilman Albert Pablo arrived; Quorum=16) 16. A Resolution Authorizing the Gila River Indian Commu- & Lupita Martinez nity’s Department of PRESENTER: Nellie Gilmore 3. Lone Butte Industrial Development Corporation Financial MOTION: Councilwoman Terrance B. Evans, District 6, Environmental Quality to Process a Department of Energy REPORT MOVED TO #3 UNFINISHED BUSINESS Statements and Independent Auditor’s Report for the Year motioned that the Governor’s Financial Status Report as of Grant RESOLUTIONS Ended 09-30-08 March 16, 2009, be sent back to Government and Manage- PRESENTERS: Ann Marie Chischilly 1. A Resolution Authorizing an Extension to Resolution GR- PRESENTER: Steve Harris ment Standing Committee for reconsideration and that they APPROVED 295-08 from a One-Year Authorization to a Three-Year Au- REPORT HEARD IN EXECUTIVE SESSION take a look at all aspects of it, including all district housing 17. A Resolution Authorizing an Extension to Resolution GR- thorization 4. Gila River Gaming Enterprises, Inc. Monthly Report contracts; seconded by Councilman Franklin Pablo, Sr., Dis- 295-08 from a One-Year Authorization to a Three-Year Au- PRESENTER: Ann Marie Chischilly PRESENTER: (Kenneth Manuel) Harold Baugus & Board of trict 5. thorization DISPENSED Directors APPROVED 2. A Resolution Approving the Relinquishment of Brady Ian REPORT HEARD IN EXECUTIVE SESSION ITEM WAS TABLED AT THE APPROVAL OF THE AGENDA ANNOUNCEMENTS James from the Gila River Indian Community 10-minute break; reconvene @ 11:00 w/quorum of 10 mem- 18. A Resolution Establishing and Authorizing a Renewable * Councilman Myron Schurz requested a report on 2008 Mul- PRESENTER: Francisco Osife bers present Energy Team to Plan and Negotiate Proposed Renewable Chu-Tha DISPENSED 5. Gila River Gaming Commission General Report, Febru- Energy Opportunities within the Gila River Indian Reserva- * Councilman Anthony Villareal, Sr. voiced his concern of the 3. A Resolution Approving the Enrollment of Derrith Lewis ary, 2009 tion defeat of resolution #1. into the Gila River Indian Community PRESENTER: Scott Sanderson & Courtney Moyah PRESENTERS: Ann Marie Chischilly * Councilman John Antone announced NIGA to be in PRESENTER: Francisco Osife REPORT HEARD IN EXECUTIVE SESSION APPROVED Phoenix re: Glendale casino. TABLED AT APPROVAL OF AGENDA EXITED EXECUTIVE SESSION 19. A Resolution Authorizing the Pima-Maricopa Irrigation ADJOURNMENT 4. A Resolution Authorizing and Approving a Land Use 5-minute break to resume video feed Project to Solicit a Department of Energy Grant PRESENTERS: Ann Marie Chischilly MOTION: Councilwoman Brenda Robertson, District 5, Agreement between the Gila River Indian Community and RESOLUTIONS APPROVED motioned to adjourn; seconded by Councilman Jewel Whit- the Gila River Health Care Corporation for 31.12 Acres of 1. A Resolution Authorizing the Wild Horse Pass Develop- ORDINANCES man, District 2. Community Trust Land Located in District Six of the Gila ment Authority to Negotiate the Terms of a Development and APPROVED River Indian Reservation for the Operation and Maintenance Facility Use Agreement with Interested Major League Base- 1. The Gila River Indian Community Council Hereby En- acts the Medical and Health Research Ordinance to be cod- Meeting adjourned at 2:50 of the Komatke Health Center ball Teams for the Development of a Major League Baseball PRESENTERS: Linus Everling/Kimberly Dutcher Spring Training & Youth Sports Facility on Gila River Indian ified at Title 7, Chapter 9, of the Gila River Indian Community Code Denotes TABLED from previous meeting(s) APPROVED Community Land 5. A Resolution Consenting to a Non-Transferable Fifty Year PRESENTERS: Jason Hauter & Dwight Fujimoto PRESENTERS: Henry Walden & Linus Everling ITEM WAS TABLED AT THE APPROVAL OF THE AGENDA Homesite Lease on Allotment 2753 located on Allotted Trust DEFEATED ACTION SHEET Land in District Seven of the Gila River Indian Reservation 2. A Resolution Approving the Relinquishment of Brady Ian UNFINISHED BUSINESS 1. Appointment – Gila River Gaming Commission (2 Vacan- PRESENTER: Kimberly Dutcher James from the Gila River Indian Community Community Council APPROVED PRESENTER: Francisco Osife cies) P. O. Box 2138 PRESENTER: Council 6. A Resolution Consenting to a Non-Transferable Fifty Year ITEM WAS TABLED AT THE APPROVAL OF THE AGENDA Sacaton, AZ 85247 Homesite Lease on Allotment 2318B located on Trust Land 3. A Resolution Rescinding Resolution GR-223-08 Thereby * Monica Begay—0 PHONE: (520)562-9720 * Bruce J. Burnett—1 in District One of the Gila River Indian Reservation Dissolving the Articles of Incorporation for the Gila River Fax: (520) 562-9729 PRESENTER: Kimberly Dutcher Nursing and Authorizing and Enacting Articles of Incorpora- * Angel S. Galaz—1 The second monthly meeting of the Gila River Indian Com- * Penny K. Hayes—4 APPROVED tion for HA NUKUTHAM KI, VAH’LL OU MAAHN SH, the munity Council will be held Wednesday, April 15, 2009, 7. A Resolution Approving the Amendment #1 to the Octo- Caring House. * Russell S. Johns—6 * Marla M. Lemos—4 9am, Community Council Chambers, Governance Cen- ber 1, 2008 Agreement between the Gila River Indian Com- PRESENTERS: Rebecca Hall & Linus Everling munity and Franzoy Consulting, Inc. APPROVED * Wanda J. Manuel—4 ter, Sacaton, Arizona. * Melvin S. Sanderson—12 CALL TO ORDER PRESENTERS: Jennifer Giff/Jason Hauter 4. A Resolution Consenting to a Non-Transferable Fifty Year DEFEATED MOTION: Councilman Terrance B. Evans, District 6, mo- Lt. Governor Joseph Manuel called the meeting to order at Homesite Lease on Allotment 3210 Located on Allotted Trust 8. A Resolution Approving the Amendment #1 to the Octo- tioned to approve Russell Johns and Melvin Sanderson; sec- 9:07 AM Land in District Four of the Gila River Indian Reservation ber 1, 2008 Agreement between the Gila River Indian Com- onded by Councilman Jewel Whitman, District 2. INVOCATION PRESENTER: Kimberly Dutcher munity and Hardee Consulting Councilwoman Brenda Robertson, District 5 provided the in- APPROVED MOTION CARRIED PRESENTERS: Jennifer Giff/Jason Hauter vocation 5. A Resolution Establishing a Maximum Debt Ceiling of 2. Appointment – Lone Butte Industrial Development Cor- DEFEATED Twenty Million Dollars ($20,000,000.00) for the Gila River poration Board of Directors (2 Vacancies) ROLL CALL 9. A Resolution Authorizing the Gila River Indian Commu- Indian Community Utility Authority PRESENTER: Council EXECUTIVE OFFICERS PRESENT: nity’s Department Health Resources and Education to Apply PRESENTER: William Pezalla MOTION: Councilman Anthony Villareal, Sr., District 6 mo- Governor William R. Rhodes for First Things First Grants To the Arizona Development and APPROVED tioned to dispense; seconded by Councilman Myron Schurz, Lt. Governor Joseph Manuel Health Board 6. A Resolution Authorizing the Purchase of Interests in Al- District 3. COUNCIL MEMBERS PRESENT PRESENTER: Pat Foster lotted Trust Land within the Exterior Boundaries of the Gila DISPENSED D1—Augustine Enas; Arzie Hogg River Indian Reservation (Interests in Allotments 2260A, 3. Lone Butte Industrial Corporation Issues D2—Jewel Whitman 2260B, 2264A, 2264B, 2115A, 2116A, PRESENTER: Council D3—Myron Schurz; Rodney Jackson Action Sheets contin- 2126A, 3102A, and 3103A) MOTION: Councilman Darrell Gerlaugh, District 4, motioned D4—Malcom Eschief; John Antone; Rebecca Rowe ued on pg.13 May 2009 Gila River Indian News Page 13

Oppose; 0 Abstain; 1 Absent; 0 Vacancies; MOTION CAR- tioned to declare vacancies for five board members, re- Action sheets continued from pg. 12 RIED sumes and letters of interest to be submitted by May 21, 3. Department of Community Housing Monthly Report for 2009, and appointments to be made June 3, 2009, Regular APPROVED PRESENTER: Jennifer Giff March, 2009 Council Meeting; second by Councilman Augustine Enas, ORDINANCES REPORT HEARD IN EXECUTIVE SESSION PRESENTER: Nellie Gilmore District 1. VOTE: 14 Council Members Present – 14 For; 0 1. The Gila River Indian Community Council Hereby En- MOTION: Councilman Anthony Villareal, Sr, District 6 stated REPORT HEARD Oppose; 0 Abstain; 3 Absent; 0 Vacancies; MOTION CAR- considering the discussion and some of the issues raised in acts the Medical and Health Research Ordinance to be Cod- NEW BUSINESS RIED executive session, I believe that it would be prudent for this ified at Title 17, Chapter 9, of the Gila River Indian 1. First Things First, Gila River Indian Community Regional ANNOUNCEMENTS Council to consider directing Governor to, at the next AIGA Community Code Partnership Council Indirect Cost Waiver Request - Tax deadline tonight at midnight meeting, to make a motion for Mr. Ned Norris to step down PRESENTERS: Henry Walden/Linus Everling PRESENTER: Cathy Thornton - Grand Opening for the Care Center is Friday; tours begin- or to resign as chairman of AIGA because of this conflict of ENACTED TABLED ning at 9 a.m. interest, this would be my motion; second by Councilman 2. The Gila River Indian Community Council Hereby Enacts 2. Beyond the Barbed Wire Fence Project - Dora Thomas, wife of the late Don Thomas, passed away. Devin Redbird, District 7. VOTE: 14 Council Members Pres- Revisions to Title 2 of the Gila River Indian Community Law PRESENTERS: Mila Vicente Carpio/Karen Leong Funeral is tomorrow at St. Johns. ent – 13 For; 0 Oppose; 1 Abstain; 3 Absent; 0 Vacancies; and Order Code by Revising Four (4) Definitions in Sections MOTION: Councilman Albert Pablo, District 6 motioned to - Special Council meeting tomorrow MOTION CARRIED 2.104 (J), (K), (R), & (S) and Moving Them to Sections 2.900 go forward with this project with Cultural Resources Man- ADJOURNMENT 2. Lone Butte Vacancies and Amending Sections 2.901, 2.902, 2.1310 Providing for agement Program taking the lead; second by Councilman Council MOTION: Councilman Malcom Eschief, District 4 mo- Additional Criminal Offenses in Sections 2.821, 2.822, and Delane Enos, District 5. VOTE: 14 Council Members Pres- MOTION: Councilman Anthony Villareal, Sr, District 6 tioned to adjourn; second by Councilman Augustine Enas, 2.823 to Address Gang Activity ent – 11 For; 2 Oppose; 1 Abstain; 3 Absent; 0 Vacancies; stated I make a motion that we declare the vacancies for five District 1. Unanimous Voice Vote. PRESENTER: Kiyoko Patterson MOTION CARRIED positions for the Lone Butte Corporation for the deadline of Meeting adjourned at 5:50 p.m. ENACTED 3. Request to Declare (5) Vacancies for the GRTI Board of submittal on April 30 at 12 noon, and for the appointment to Denotes TABLED from previous meeting(s) UNFINISHED BUSINESS Directors be made on May 6; second by Councilman Myron Schurz, 1. Update on Activities Regarding the Tohono-O’Odham Na- PRESENTERS: Board of Directors District 3. VOTE: 16 Council Members Present – 15 For; 1 tions Glendale Casino MOTION: Councilman Malcom Eschief, District 4 mo- Public Notice

SUMMARY OF PROPOSED AMENDMENTS TO THE Powers of the council are reorganized; however elec- two (2) terms. GILA RIVER INDIAN COMMUNITY CONSTITUTION tion decisions were moved to a power of the judiciary. Judges are not subject to term limitations. The Gila River Indian Community Tribal Constitution Reform Secretarial review of tribal council action is reduced Task Force completed a first draft of the revised Gila River In- to only those instances where review is required by Article XV – Elections dian Community Constitution. The revisions were based upon federal law. surveys and comments received from Gila River Indian Com- Allow for elections to be held every four (4) years. munity members over the past year. The following is a brief Community Council appoints a Secretary to a four (4) summary of the changes; year term. Article XVI – Elections Board Creates an independent Elections Board. Article 1 – Terms Article VIII – Executive Branch Creates minimum requirements for members of the Terms placed in alphabetical order and the term “ap- Creates a formal executive branch comprised of the Elections Board. pointed official” was added. Governor and Lt. Governor. Outlines powers, duties and responsibilities of the Article II – Supreme Law of the Land Governor appoints Executive staff, including the Treasurer, subject to Community Council approval. Elections Board. Declaration that the Gila River Indian Community Constitution will be the supreme law. Outlines duties and responsibilities for Executive Article XVII – Districts Branch. Language unchanged; article renumbered. Article III – Territory Article IX – Judiciary No substantive changes, however this article was Article XVIII – Removal from Office Creates a Judiciary comprised of a Supreme Court and renumbered. Language unchanged; article renumbered. Community Court and other courts determined necessary by the Community Council. Article IV – Membership Article XIX – Referendum

Blood quantum was changed from ¼ Indian blood to Specifies how judges are elected or appointed. Language unchanged; article renumbered. 1/8 Gila River Indian Community Pima or Maricopa Outlines requirements for judges blood. Article XX – Initiative

One must be a biological child or grandchild of an en- Outlines powers, duties and responsibilities of the Language unchanged; article renumbered. rolled member, a United States citizen, may not be en- Chief Judge. rolled in any other tribe and has not relinquished Article XXI – Land and Property membership from another tribe. Outlines powers, duties and responsibilities of the Ju- diciary. Language unchanged; article renumbered. Adds time restrictions for enrollment Article XXII – Amendments Parents or guardians of a child are responsible to enroll their child within one year of birth. Article X – Qualification of Officers Secretarial Election requirement removed so that future changes to the constitution are tribal elections. If not enrolled within one year of birth, once individ- Specifies minimum qualifications for elected officials. ual reaches age of majority, one additional year to en- Article XXIII – Severability Adds a minimum educational requirement of a high roll. school diploma or GED for elected officials. New article that states that if any of the provisions of Tribal Council has the authority to enact exceptions the constitution are declared unconstitutional or in- Increases the time one must be “conviction free” from for special circumstances. valid, that section can be removed but the other sec- one (1) year to five (5) years. tions remain valid. Prohibits dual enrollment. Proposes all elected and appointed officials attend Article XXIV – Savings Clause Members enrolled under a previous constitution will mandatory ethics training on an annual basis. not be subject to disenrollment if he/she does not meet New article that states that all prior laws and actions of the requirements of the new revised constitution. Article XI – Appointed Officials and Committeemen the community taken before the new constitution was enacted are still in full force until they can be rescinded References to the Community Council Secretary and or repealed. Article V – Rights of Members Treasurer were removed. Proposes revisions to reflect the Indian Civil Rights Article XXV – Adoption Act. Article XII – Treasurer New article that outlines when and how the revised New article that constitutionally creates the Treasurer Also makes allowances for pending changes in federal constitution was adopted. position law that would amend the Indian Civil Rights Act. The Task Force submitted the first draft to the Legislative Stand- Outlines the duties and responsibilities of the Treas- ing Committee to approve distribution of the draft. In addition to Article VI – Separation of Powers urer. the approval of the Legislative Standing Committee, distribution Proposes a formal separation of powers between three Gives the Community Council the authority to spec- requires the approval of the Community Council and the Gover- (3) branches of government; Legislative, Executive ify additional powers and responsibilities for the Treas- nor’s office. Once approval of distribution is received, the Task and Judiciary. urer. Force will be back in the Community seeking additional com- ment and input from the membership as the proposed changes Article VII – Legislative Branch Article XIII – Tenure of Office were and will continue to be driven by community member input. If you have any questions, please contact your district Proposes mandatory reapportionment of council rep- Proposed changes increase the term of elected officials Task Force representative or Gerald Calnimptewa, Project Man- resentatives within six (6) months of the census. to four (4) years. ager at (520) 562-9757 or [email protected] Will affect the number of council representatives each Limits Councilmen, the Governor and Lt. Governor to district is entitled to based upon changes in population. Page 14 Gila River Indian News May 2009

Local Government. The portion allocated to fund local government operations will be administered by Public Notice the Community Council or its designee.

Charitable Donations. The portion allocated for charitable donations will be administered by the Com- munity Council or its designee.

Per Capita Payments. GILA RIVER INDIAN COMMUNITY The portion allocated to fund per capita payments shall be deposited by the Community on a monthly basis at the end ORDINANCE GR-xx-09 of each month in a low-risk interest bearing account (“Per Capita Fund”) with a federally insured financial institution TITLE 22 – GAMING prior to distribution. Per capita payments shall be made quarterly from the deposits in the Per Capita Fund during the three previous months, including accrued interest on such deposits, on the following Payment Dates:

CHAPTER 13. REVENUE ALLOCATION Payment Date Deposits Distributed

22.1301 General Provisions. April 30 Deposits in January, February and March

A. Authority. The Gila River Indian Community Constitution and Bylaws (March 17, 1960) were formed July 31 Deposits in April, May, and June pursuant to the Indian Reorganization Act (25 U.S.C. § 461 et seq.) and adopted for the common welfare of the Community and to provide for self government. The Community enacts this ordinance under its in- October 31 Deposits in July, August and September herent civil, legislative, adjudicative and regulatory authority. January 31 Deposits in October, November and December B. Findings. Recognizing that the well-being and general welfare of members of the Community is a concern of the highest priority for the Community Council, the Community Council finds: If it is determined at the conclusion of the audit of the financial statements of the Community and the Gila River Gam- That on June 19, 2007, at a special election, the qualified voters of the Community approved an initiative ing Enterprise for any fiscal year that the per capita payments that were paid to Community members or contributed to support the distribution of quarterly per capita payments to enrolled Community members, to trusts for their benefit with respect to such fiscal year were, in fact, greater or less than 11% of the Community’s net and that such quarterly payments shall be derived from income generated by the Community’s gaming revenues for such fiscal year, then an appropriate adjustment downward or upward, respectively, will be made gaming and other enterprises; in the amount of the per capita payments to be paid or contributed to trusts on the first Payment Date following the conclusion of the audit. That any disbursement of per capita payments must be done in a fiscally responsible manner, taking into account the Community’s obligation to secure the well-being and general welfare of Commu- The Community shall establish the Per Capita Fund on or before July 31, 2009. Net gaming revenues designated for nity members, and duty to protect the Community’s sovereignty and territorial integrity, and per capita payments shall be deposited into the Per Capita Fund beginning on July 31, 2009. Thus, the per capita pay- preserve its natural resources; and ments to be made with respect to the Community’s fiscal year ending September 30, 2009, shall equal 11% of the Community’s net gaming revenues for the period from July to September 2009, and the first Payment Date shall be Oc- That the Community Council must establish a responsible and consistent methodology for disbursing per tober 31, 2009 or, if later, as soon as practicable after approval of this ordinance by the Area Bureau Office as set forth capita payments derived from gaming revenues and regulated by the Indian Gaming Regula- in 25 C.F.R. Part 290. tory Act, 25 U.S.C. 2701 et. seq. (“IGRA”). 22.1303 Eligibility for Per Capita Payments C. Purpose. The intent and purpose of this chapter, among other things, is to specify the procedure to be followed in disbursing per capita payments from net gaming revenues as required under IGRA. A. Eligibility Conditions. All members of the Community who are enrolled in the Community on the Ap- plication Deadline for the Payment Date and on the Payment Date shall be eligible for a per capita payment D. Definitions. Whenever used in this chapter, the terms listed below have the meanings indicated which are for that Payment Date. If the Community member is a legally competent adult, the following requirements applicable to both the singular and plural thereof. When used in a context consistent with the definition of must be satisfied for each Payment Date: (1) the Community member has completed and filed in-person a listed term, the term shall have the meaning as defined below. or by mail a one-time application to receive per capita payments meeting the requirements of Sections 22.1303(C) and (D); (2) there is no written waiver of per capita payments in effect for the Community “Application Deadline” means, with respect to any Payment Date, the dates set forth in Section 22.1303(C). member; and (3) the Community member was alive on the Application Deadline and the Payment Date. Community members who are minors or legally incompetent adults and are alive on the Application Dead- “Community” means the Gila River Indian Community, a federally recognized Indian tribe. line and the Payment Date shall have per capita payments deposited in trusts established for their benefit in accordance with Section 22.1306 and are not required to complete an application. “Community Council” means the legislative branch of the Gila River Indian Community as established in the Consti- tution and Bylaws of the Gila River Indian Community, approved March 17, 1960. B. Membership. Membership in the Community shall be determined in accordance with the Enrollment Or- dinance. The rights of an individual to appeal an adverse determination of his or her membership shall be “Community Court” means the courts of the Gila River Indian Community. determined by the Enrollment Ordinance.

“Community member” means an enrolled member of the Gila River Indian Community. C. Application Deadline. In order to provide for the orderly review and consideration of applications for per capita payments, the Application Deadlines with respect to each Payment Date are as follows: “Eligible Community member” means an enrolled member of the Gila River Indian Community eligible to receive per capita payments under Section 22.1303. Payment Date Application Deadline

“Enrollment Ordinance” means the 2005 Enrollment Ordinance, Ordinance GR-02-05, codified at Title 8, Chapter 1 April 30 March 15 of the Gila River Indian Community Law and Order Code, as amended. July 31 June 15 “Fiscal year” means the 12 month period of time from October 1 to September 30 of the following calendar year. October 31 September 15 “Fiscal Quarter” means the three-month periods of time to which the Payment Dates relate as specified in Section 22.1302(H)(1). January 31 December 15

“Legally incompetent adult” is as defined in 25 C.F.R. §290.2 and means a person, age 18 years or older, who has been If either the Application Deadline or the Payment Date falls on a holiday or weekend, such deadline or pay- declared by order of a court of competent jurisdiction to be under legal disability. ment will be effective on the next business day following the date noted above. The Per Capita Office will publish a schedule at the beginning of each fiscal year announcing the effective dates. “Net gaming revenues” means the revenues identified as “Distributions to Gila River Indian Community” on the Gila River Gaming Enterprise financial statements, consisting of the net revenues derived from the Gila River Indian Com- D. Contents of Application. The application referred to in Section 22.1303(A) must include an election to munity gaming operations after payment of prizes, debt service, other gaming-related operating expenses, and capital receive payments by direct deposit, pay card, or check issued to the beneficiary in Sacaton, Arizona. Checks expenditures. that are not claimed within thirty (30) days from the date checks are made available shall be transmitted by mail to the recipient’s last known address. The Community shall not be liable for any lost checks or “Payment Date” means the dates for payment of per capita payments set forth in Section 22.1302(H). taxes owed, whether or not the recipient receives the check. If a check is returned, the recipient forfeits his or her rights to receive that payment. All funds derived from forfeited checks shall be deposited in the “Per capita payment” means payments made or scheduled to be distributed to or for the benefit of eligible enrolled mem- Community’s general fund. bers of the Gila River Indian Community which are paid from net gaming revenues, as defined herein, pursuant to Section 22.1302(H). This definition does not apply to revenues which have been set aside by the Gila River Indian E. Waiver of Future Per Capita Payments. Community for bona fide programs, for which participants have met the program’s written eligibility criteria, such as programs for social welfare, medical assistance, education, housing or other similar, specifically identified needs. Fur- A legally competent adult Community member who has previously filed an application for per capita payments may ther, this definition does not apply to any Community revenues or other assets which are not gaming revenues. later waive his or her rights to future per capita payments by filing a written waiver with the Per Capita Office.

“Waiver Deadline” means, with respect to any Payment Date, the dates set forth in Section 22.1303(E). To be effective for any Payment Date and thereafter, the written waiver must be received by the Per Capita Office before the Fiscal Quarter to which such Payment Date relates, as follows: 22.1302 Allocation of Net Gaming Revenues. Payment Date Waiver Deadline Percentage Breakdown. Net gaming revenues shall be expended in accordance with this chapter and the Community’s budget appropriation process for the Community’s fiscal year. The Community Council is April 30 December 31 the sole decision-making body as to the allocation of net gaming revenues to the funding categories described in this chapter and as to the determination that expenditures of net gaming revenues fall into one July 31 March 31 funding category rather than another funding category. The annual Community budget shall include a percentage breakdown of the use of net gaming revenues that equals one hundred percent (100%) in accor- October 31 June 30 dance with the following: January 31 September 30 Thirty to sixty-four percent (30% to 64%) to fund Community government operations and programs. As with the Payment Date and the Application Deadline, if the Waiver Deadline falls on a hol- Fifteen to forty-nine percent (15% to 49%) to provide for the general welfare of the Community and its members. iday or weekend, such deadline will be effective on the next business day following the date noted above. The schedule published by the Per Capita Office at the beginning of each fiscal Ten to forty-four percent (10% to 44%) to promote Community economic development. year announcing the Payment Dates and Application Deadlines shall also announce the Waiver Deadlines. Zero to one percent (0% to 1%) for charitable contributions. 3. A Community member who has filed a written waiver shall not be eligible to receive any per Zero to one percent (0% to 1%) to fund local government operations. capita payments for the Payment Dates to which such waiver relates as long as such waiver re- mains on file with the Per Capita Office. Such a waiver may be revoked with respect to future Eleven percent (11%) to fund per capita payments. Payment Dates but only if the waiver has been in effect for at least four Payment Dates. In order for a revocation to be effective, it must be in writing, must designate the first Payment Annual Budget. Budgeting for the allocation of net gaming revenues shall be in accordance with the fol- Date to which it relates, and must be received by the Per Capita Office before the Fiscal Quar- lowing: ter to which such Payment Date relates. For example, for a revocation of a waiver to be effective for the Payment Date of July 31, 2011, the waiver must have been in effect since the The Community Treasurer shall disburse net gaming revenues allocated pursuant to this chapter in accordance with an Payment Date of July 31, 2010 or an earlier Payment Date, and the revocation must be re- annual budget approved by a Community Council resolution. ceived by the Per Capita Office on or before March 31, 2011.

The Community Council, at its discretion, may amend its annual budget via Community Council resolution, provided 22.1304 Per Capita Payment Distribution. it includes a percentage breakdown of the use of net gaming revenues that equals one hundred percent (100%) in accordance with the Section 22.1302(A). A. Amount of Each Per Capita Payment. The quarterly per capita amount to be distributed to, or accounted for, each individual shall be determined as follows: Any net gaming revenues allocated to fund the purposes identified in Sections 22.1302(A)(1-5), that have not been expended as of the last date of the fiscal year may be allocated at the Community Council’s discretion to any of the cat- Each year the Community Council shall allocate a portion of net gaming revenues for individual per capita payments egories enumerated in Section 22.1302(A), except that these funds shall not be used for per capita payments. in accordance with Section 22.1302(H). Each quarterly amount, less the cost of administering and maintaining per capita payments and trusts, shall be divided by a quarterly denominator which consists of the eligible competent adult Government Operations and Programs. The portion allocated to fund Community government opera- Community members and a certified census of minors and legally incompetent adults. tions and programs shall fund those government departments, offices, or programs needed to perform the functions of the Community government and capital projects associated with these functions. The quarterly denominator shall be the sum of those individuals who are eligible as of the Application Deadline to receive per capita payments. General Welfare. The portion allocated to provide for the general welfare of the Community and its members shall fund programs related to the health, education and welfare of the Community and its members, The amounts to be used for the quarterly denominator shall be obtained from the Per Capita Office and Enrollment Of- as well as capital projects associated with general welfare. fice via certified memo.

Economic Development. The portion allocated to promote Community economic development shall fund B. Schedule for Distribution to Legally Competent Adult Members. long-term investments, reserve funds, infrastructure needs, land use regulation, land use planning, and those departments, offices or programs tasked with promoting and/or regulating economic development Per capita payments for competent adult Community members shall be distributed by direct deposit or pay within the Community, as well as capital projects associated with these functions. In addition, the Com- card on the Payment Date. munity Council shall have authority to appropriate and expend net gaming revenues to supplement funding for ongoing Community business enterprises and fund new economic development ventures. Requests The first pay card for competent adult Community members who elect to receive payment via pay card will for supplemental funding for Community business enterprises or to fund new economic development ven- be distributed no later than one week prior to the Payment Date. tures shall be considered in accordance with procedures adopted by the Community Council. May 2009 Gila River Indian News Page 15

Per capita payments for competent adult Community members will be distributed by check in Sacaton, Ari- zona not more than five (5) business days after the Payment Date at a location designated by the 2. Upon the petition under the letter of authority, the legal guardian of the legally incompetent Per Capita Office. Community member may request the Community Court to distribute trust assets to the legal guardian of the legally incompetent Community member in such amounts as from time to time 22.1305 Garnishment. the Community Court, in its discretion, deems necessary for the incompetent member’s health, education, and welfare, including amounts for any unreimbursed medical expenses. In exer- Child or Spousal Support. If the Community has knowledge that any legally competent adult Commu- cising its discretion in denying or approving such petitions, the Community Court shall seek to nity member entitled to receive a per capita payment is delinquent with respect to a duty of child or spousal preserve the legally incompetent Community member’s trust assets while providing for the support under an order issued by a court of competent jurisdiction of any federally recognized Indian tribe member’s health, education and welfare consistent with Community law. or state, such per capita payment shall be allocated to the satisfaction of such support obligation in priority over any distribution or allocation of such benefit otherwise provided under this chapter. Debts under this 3. The Community Court may require that the petitioning legal guardian submit receipts of ex- Section shall be given priority over any other debt for garnishment purposes. Nothing in this provision penditures made on behalf of the incompetent member before any disbursements are made from shall create a duty of financial obligation on the part of the Community to any support obligee or third party. distributions of the incompetent member’s trust. With respect to any distribution authorized to be made prior to expenditures on behalf of the beneficiary, the trust administrator shall require Debts Owed to the Community. If the Community has knowledge that any legally competent adult Com- that the petitioning legal guardian provide an accounting to the Community Court for any ex- munity member entitled to receive a per capita payment is delinquent with respect to a debt owed to the Com- penditures made from distributions from the trust or trusts, along with receipts and/or other doc- munity, such per capita payment shall be allocated to the satisfaction of the debt. Community members may umentation substantiating the accounting. The Community Court may, at its discretion, appeal an allocation to repay a delinquent debt owed to the Community under the procedures set forth in authorize the establishment of regular monthly distribution from the trust of the legally incom- Section 22.1308. petent Community member.

Community Court. If the Community has knowledge that any legally competent adult Community mem- 4. If any trust assets remain at the beneficiary’s death, the trust will terminate and the remaining ber entitled to receive a per capita payment is delinquent with respect to a valid existing Community Court trust assets (including any accumulated net income) will be distributed to the beneficiary’s order requiring payment of a fine, restitution, or establishing liability of the Community member, then the spouse, or, in the absence of a surviving spouse, will be distributed in equal shares to any sur- Community Court shall receive satisfaction of the Community Court’s outstanding claim prior to distribu- viving children of the beneficiary or to one or more trusts for the benefit of such children, or, tion of such per capita payment under this ordinance. Nothing in this provision shall create any duty, fi- in the absence of surviving children, will be distributed in equal shares or on such other equi- nancial obligation, or liability on the part of the Community Court or the Community to any third party table basis as may be determined by the Community Court to any surviving parents of the ben- obligee or party obligee. eficiary who are members of the Community, or, in the absence of either surviving children or surviving parents who are members of the Community, will be distributed in equal shares to any Other Debts. Except as provided in this Section, the Community shall not recognize or enforce any other surviving siblings of the beneficiary who are members of the Community, or, in the absence of claim, levy, attachment, or other interest in a per capita payment, unless otherwise required by law. either surviving children or surviving parents who are members of the Community or surviving siblings who are members of the Community, will revert to the Community; provided, how- Priority of Debts. Except as provided in this Section, priority of obligations or debts for garnishment under ever, that trust assets shall not be distributed to any individual whose gross negligence, this Section shall be given to the claim(s) made first in time, unless otherwise required by law. recklessness, or willful misconduct caused or contributed to the death of the beneficiary, as determined by the Community Court.

22.1307 Taxation. 22.1306 Per Capita Payments for Minors and Legally Incompetent Adults. All per capita payments made to legally incompetent adult members, and all distributions for the separate grantor trusts A. Trusts; General Provisions. established for the benefit of minor and legally incompetent adult members, are subject to federal taxation, and members receiving such per capita payments and trust distributions shall be subject to withholding of federal income tax in 1. Per capita payments for Community members who have not reached age 18 on or before the the manner and to the extent provided by applicable law. The Community shall notify eligible Community members Payment Date (“minors”) and for legally incompetent adult Community members shall be con- that the payments and trust distributions are subject to federal income taxation when paid or distributed, as applicable. tributed to separate grantor trusts established for the benefit of such members in order to provide for such members’ well-being and to protect and preserve their interests. The per capita 22.1308 Per Capita Office payments contributed to the trusts will be invested, with any income earned thereon to be accumulated in the trusts, for future distribution to the beneficiaries of the trusts. A. Per Capita Office. The Community does hereby establish a Per Capita Office, which is a separate office under the Office of the Community Treasurer. The Per Capita Office shall be responsible for the efficient 2. The Community Council shall be the trustee of the trusts. The Community Council intends to administration of per capita payments in accordance with this chapter. enter into a trust administration services agreement with a nationally recognized, reputable and safe financial institution for the purposes of protecting and preserving the interests of minors and B. Disputes. Any disputes arising from the distribution of per capita payments shall be initiated by filing a writ- other legally incompetent persons who are eligible for per capita payments. The financial in- ten claim for payment with the Per Capita Office. The Per Capita Office shall respond by honoring the stitution will maintain and administer the trusts in accordance with this chapter and with the claim for payment, requesting additional information, or denying the claim. guidelines outlined in the trust administrative services agreement. 1. A Community member who has initiated a written claim may appeal upon: 3. The interest of each beneficiary shall be accounted for separately by the trust administrator, and a trust account statement shall be available at least semiannually to the parent or legal guardian a. Denial of the claim by the Per Capita Office; or of each minor beneficiary and to the legal guardian of each legally incompetent adult beneficiary. b. Failure of the Per Capita Office to respond within 30 days from the date the written claim was received by the Per Capita Office if hand delivered; or 4. It is the intent of the Community Council that neither the assets of any trust established pursuant to this Section 22.1306 nor any member’s interest in future distributions of benefits pursuant to c. Failure of the Per Capita Office to respond within 45 days from the date the writ- this Section will be subject to alienation, assignment, encumbrance or anticipation by a mem- ten claim was postmarked if mailed. ber; to garnishment, attachment, execution or bankruptcy proceedings; to claims for spousal maintenance, child support or an equitable division of property incident to the dissolution of 2. In the event the Per Capita Office requests additional information from the Community mem- marriage; to any other claims of any creditor or other person against the member; or to any ber who initiated the claim, said Community member shall have 30 days to respond. If the other transfer, voluntary or involuntary, by or from any member, pursuant to a Community Court Community member fails to respond to a request for additional information within the time al- judgment against the member or otherwise. lotted the claim shall be denied and may not be appealed. If the Community member does respond to a request for additional information within the time allotted, the Per Capita Office may 5. It is the intent of the Community Council that the benefits contributed to any separate grantor ask for additional information and establish reasonable deadlines for the Community member trust shall be includible in the gross income of the beneficiary for federal income tax purposes to respond, however, he or she may only appeal upon a denial of the claim by the Per Capita Of- no earlier than the date, and only to the extent, that the beneficiary is entitled to distributions fice. from the trust. The separate grantor trusts are intended to fall within the safe harbor under which the IRS will treat an Indian tribe as the grantor and owner of the trust for the receipt of C. Appeals. The Community Court shall have jurisdiction to consider appeals arising under this Section. gaming revenues under IGRA, as set forth in IRS Rev. Proc. 2003-14, 2003-1 C.B. 319, as it may be amended from time to time. D. Rules, Regulations and Procedures. 1. The Per Capita Office is authorized to establish reasonable rules, regulations and procedures nec- B. Trusts for Minors. essary for the efficient administration of this chapter. Such rules, regulations and procedures shall be established in accordance with the policies and standards enumerated throughout this 1. All assets accumulated in the trust or trusts for the benefit of a minor will be distributed to the chapter. When approved by the Community Council, such rules, regulations and procedures minor on the Payment Date following the date that the minor reaches age 18, provided that the shall be binding. minor has graduated from high school or received a GED at the time of the distribution. If the minor has not graduated from high school or received a GED by such time, all assets accumu- 2. A copy of all rules, regulations and procedures shall be furnished to any Community member lated in the trust or trusts for the benefit of the minor will be distributed on the Payment Date upon request. following the date that (i) the minor graduates from high school or receives a GED, or (ii) the minor reaches age 21, whichever first occurs. A minor reaching age 18 or otherwise satisfying 3. The Per Capita Office shall conduct a comprehensive review of the rules, regulations and pro- the eligibility requirements for distribution of all of the trust assets must apply to the Per Capita cedures at least once every three years. Office for the distribution, providing sufficient evidence of eligibility. Upon submission of such evidence, the distribution will be approved. 22.1309 Enforcement of Revenue Allocation. In accordance with the procedures described in this Section, the Community Council shall have the sole authority to re- 2. Prior to the time the beneficiary becomes eligible for any distribution pursuant to Section view expenditures of net gaming revenues in accordance with this chapter, to enforce this ordinance and ap- 22.1306(B)(1), upon the written petition of the parent or legal guardian of the beneficiary (or propriately remedy any instance of non-conformance, and to resolve any disputes arising from the allocation upon the written petition of the beneficiary if such beneficiary has reached the age of 18) filed of net gaming revenues. with the trust administrator, trust assets shall be distributed to such parent or guardian (or such beneficiary) in such amounts as from time to time the trust administrator, in its discretion, deems The Community Council shall apply generally accepted accounting principles (“GAAP”) to issues of preparation, in- absolutely necessary for the beneficiary’s health, education, or general welfare and only to the terpretation and auditing of the Community’s gaming enterprise financial statements and computation of net extent that no other funds are available for these purposes. The trust administrator shall be gaming revenues as defined in this chapter. guided in the exercise of its discretion in denying or approving such petitions by guidelines established from time to time by the Community Council. Such petition shall include: Not fewer than 120 days after approval of this ordinance by the Area Bureau Office as set forth in 25 C.F.R. Part 290, the Community Council shall adopt policies and procedures to disseminate an annual report to Community an explanation of the health, education, or welfare needs of the beneficiary; members detailing the gross revenues, expenses and net revenues of the Community’s gaming enterprise, performance of the Community’s gaming enterprise in comparison to market competitors, and the Com- a detailed budget of the funds necessary to meet those needs; and munity’s use of net gaming revenues, including any net gaming revenues that have not been expended for any particular use as of the last date of the fiscal year described in Section 22.1302(B)(3). any other documentation or information (including receipts for any expenditures made on behalf of the beneficiary) that the trustee or trustees reasonably request. The Community Council shall establish an administrative process for any Community member who wishes to challenge expenditures of net gaming revenues and to resolve disputes arising from the allocation of net gam- With respect to any distribution authorized to be made prior to expenditures on behalf of the ben- ing revenues. This administrative process shall include a requirement that the Community Council shall eficiary, the trust administrator shall require that the petitioning parent or guardian (or benefi- correct any deficiencies found with regard to expenditures of net gaming revenues. ciary) provide an accounting to the trust administrator for any expenditures made from distributions from the trust or trusts, along with receipts and/or other documentation substanti- E. The Community Council’s final determination of any dispute arising under this Section may not be ap- ating the accounting. A parent or guardian (or beneficiary) who disagrees with a decision by pealed and the Community Court shall have no jurisdiction to review disputes relating to the allocation the trust administrator on a petition for distribution may appeal the decision in accordance with and/or expenditure of net gaming revenues. a dispute resolution process established in the trust administration services agreement. 22.1310 Sovereign Immunity; Severability; Amendment or Repeal of Ordinance; Effective Date. 3. If any trust assets remain at the beneficiary’s death, the trust will terminate and the remaining trust assets (including any accumulated net income) will be distributed to the beneficiary’s A. Sovereign Immunity. Nothing contained in this ordinance shall provide or be interpreted to provide a spouse, or, in the absence of a surviving spouse, will be distributed in equal shares to any sur- waiver of the Community’s, or any of its governmental officers’ and/or agents’ sovereign immunity from viving children of the beneficiary or to one or more trusts for the benefit of such children, or, suit. in the absence of surviving children, will be distributed in equal shares or on such other equitable basis as may be determined by the Community Court to any surviving parents of the ben- B. Severability. If any provision of this chapter or the application thereof to any person or circumstance is held eficiary who are members of the Community, or, in the absence of either surviving children or invalid, its invalidity does not affect other provisions or applications of this chapter which can be given ef- surviving parents who are members of the Community, will be distributed in equal shares to any fect without the invalid provision or application, and to this end the provisions of this ordinance are sever- surviving siblings of the beneficiary who are members of the Community, or, in the absence of able. either surviving children or surviving parents who are members of the Community or surviving siblings who are members of the Community, will revert to the Community; provided, how- C. Amendment or Repeal of Ordinance. The Community Council reserves the right to amend any admin- ever, that trust assets shall not be distributed to any individual whose gross negligence, istrative provision of this ordinance, such as dates, procedures and the like, and all programs, trusts, etc., cre- recklessness, or willful misconduct caused or contributed to the death of the beneficiary, as de- ated or funded by this chapter without further approval from the Bureau of Indian Affairs. Any amendment termined by the Community Court. of this ordinance that relates to the percentage allocation of net gaming revenues or that provides for different per capita payment amounts to sub-groups of the Community will be effective only upon approval 4. When the minor reaches age 18, said member may receive, in accordance with Section 22.1303 by the Bureau of Indian Affairs in accordance with 25 C.F.R. Part 290. Nothing in this ordinance or in any and provided that the member files the required one-time application described in that Section, program, trust, etc., shall be deemed to create any vested right to receive per capita payments in any par- subsequent per capita payments directly thereafter. ticular amounts or at any particular times. This ordinance may be amended or repealed only by a duly authorized resolution by a majority vote of the Community Council in accordance with the Community’s laws. C. Trusts for Legally Incompetent Persons. D. Effective Date. This chapter shall become effective under Community law upon adoption by the Com- 1. The Community as trustee/grantor, and the financial institution administering the trust, shall munity Council. Per capita payments to eligible Community members are subject to the approval of the Area delegate their trust responsibility and authority in the specific area of 25 C.F.R. 290.12(b)(3)(i)- Bureau Office in accordance with 25 C.F.R. Part 290. (iii) to the Community Court. MEMORIAL DAY

In remembrance of the ultimate sacriﬁce. WE HONOR OUR NATION’S HEROES.