Gambling Arrives & Other Stories!

Modern Tribal Government

by Gary E. Mitchell

Modern day tribal politics is no different than anywhere else. Some of it is good and some bad, but one thing for sure, there is never a dull moment on an Indian reservation.

The Potawatomi Tribe is governed by a seven member elected Tribal Council, who report to the General Council of the tribe. The General Council is the tribal membership. The Tribal Council is elected by the membership, usually to four year terms. The officers include a Chairperson, a Vice-Chairperson, Treasurer, Secretary, and four council persons.

The Potawatomi Tribal Constitution outlines the duties and requirements of the governing body. Over the years, the Bureau of Indian Affairs has had the final word in most dealings of the tribe.

Tribal politics is usually an interesting event to view on most reservations, including the Potawatomi Reservation. Things usually get hectic, and political careers sometimes last a long time but usually far less. The whims of the electorate have to be considered at all times, or sometimes people get tired of the political hassle and retire to less strenuous pursuits.

Expectations from the new casino venture will probably help that notion or process for many. But, if immediate improvements happen on the reservation, jobs are provided and maybe a small per-capita for all tribal members then someone’s political career can be enhanced. Of course, a repeat performance can and will be expected every year after that.

For modern day politicians, they must have the required, thick skin to survive the expectations and pressures, but that isn’t any different than anywhere else in the political spectrum.

One of the most interesting obstacles for tribal council members is the need to know something about just about everything. Law, politics, zoning, jurisdiction, gaming, and meeting the needs of the tribal members are everyday occurrences. A four-year term helps in this learning process and can potentially create a well-rounded politician.

Ousters do happen and resignations do occur, which usually causes more election expense for the tribe. But in time, the right combination will happen. While the life of an elected official is far from easy, the main consolation is to see the quality of life improve for the tribal membership, which is always the bottom line. Usually if that quality of life doesn’t improve in one form or the other, the members will elect someone who will, maybe. One never knows in the world of tribal politics.

Tribal politics is similar to the words of an old song by Pete Seeger: “I’m going to stick around to see what the hell happens next.”

You never know what will happen in the future!

For better or worse, full-blown gambling arrived on the rez during the year of 1998. The neon lights of Harrah’s Prairie Band Casino invite gamblers from far and near.

Since it is only a stone’s throw from T-Town (Topeka), business promises to be good for awhile or at least until the politicians find a way to side-track gaming on reservations.

The main features of the casino are 702 slot machines, 35 table games and a 435-seat bingo hall. A 100-room hotel is attached to the south side of the casino and, in retrospect, who would have thought there would ever be elevators on the reservation. A top of the line restaurant offers the locals a place to eat an occasional meal.

Projected plans by the governing body include fixing up the neighborhood. The rebuilding of a dilapidated infrastructure is the top priority, such as immediate road improvements, building a tribal office complex, buying back stolen lands, and providing employment, both directly and indirectly, are on the top of the planning list. In addition, sharing of the revenues with tribal members is part of the menu.

A man once said that he wished Indians could solve their problems without going into gambling. But, years of failed government policies haven’t quite revealed a solution to that dilemma. Of course, the Tribe realized the pitfalls of gambling. For sure, factionalism will certainly develop over how to spend the bucks.

It is possible the social problems will increase in the beginning. Maybe, people will spend money they can’t afford in the pursuit of the red, white and blue sevens. It’s possible with the extra income from the crap tables or slot machines that alcoholism or drug-use will increase. Maybe, people will spend money out of desperation in the hopes of having money to meet essential expenses. Some call it promoting negative behaviors.

But, that has a way of leveling out, especially when the wife gets fed up with that compulsive behavior and walks out the door, or the kids have to go without the essentials of life, like food or Nike shoes.

Yet, despite the obstacles, the Potawatomi definitely have a right to try for the American Dream. After all, that concept includes Indians, too.

Opponents of Gaming never rest

After a year of success in the casino business, the Potawatomi continually face new obstacles to maintain the status quo. For instance, in a recent article entitled, “Speaker: Indian casinos should pay taxes,” by Roger Myers, House Speaker Robin Jennison outlined why casinos in Kansas should pay taxes to the State of Kansas.

Jennison said there are some members of the House who would be willing to put a proposed constitutional amendment on the ballot that would repeal the authority of the state to operate a lottery. “I think at some point the Indian nations would be wise to renegotiate their compacts,” Jennison said. “The state could give them exclusive rights to operate their casinos in Kansas in return for them making a payment in lieu of taxes to the state. Right now we don’t get anything from the casinos.”

Evidently, Jennison has gone through a temporary memory loss. The Kansas State Gaming Agency is funded fully by assessments levied against the four tribes of Kansas. This formula for assessment stems from a provision in the Tribal-State compacts signed in 1995. Jennison was a ranking member of the House of Representatives when the Compacts became law.

In addition, the Jennison argument fails to mention that the State of Kansas would lose a $185 million dollar gross revenue source in the lottery as evidenced by the latest financial statements from the Kansas Lottery Office. Transfers from the State Gaming Revenues Fund are made on a formula in statute. The current formula transfers 85 percent to the Economic Development Initiatives Fund (EDIF), 10 percent to the Correctional Institutions Building Fund (CDIF,) and 5 percent for the Juvenile Facilities Fund (JDFF). Transfers for these purposes are limited to $50 million in a given fiscal year. Any receipts above that amount are transferred to the State General Fund. For instance, in 1998, $50 million went to this fund by law and over $9.9 million went to the General Fund. The General Fund is a discretionary fund for the legislators. It is highly unlikely that the House of Representatives would risk losing such a profitable business for the State of Kansas because of the economic racism of a few, but who knows.

A local writer, Martin Hawver, commented about the Jennison remarks in his Capital Report of March 9: “Now, it might have sounded intriguing as he said it, but what are chances, do you think, that Indian casino operators are going to, after fighting for half a decade for casinos, and roughly 300 years before that, suddenly decide they’d like to pay some taxes to the state in order to keep slots safely in Indian hands...Now, maybe that suggestion isn’t extortion, like it sounded.”

Furthermore, the Jennison article spurred an interesting letter to the editor in the March 28 edition of the Topeka Capital Journal. Robert M. Tyler of Ozawkie said, “So the Indians of Kansas have found a way to make money on those bastions of America’s much criticized history—the reservation. Now the speaker of the House, Robin Jennison, a Republican, wants some of that money. Well, Mr. Speaker,” Tyler said, “as one Republican to another: Leave the Indians alone for years the Indians of Kansas have had to live on these playgrounds of poverty we put them on. Once you see they’ve become self-sufficient and don’t need the occasional bone you throw at them, your eyebrows raise and wonder, what’s up.” Tyler warned Jennison in the ending of his letter with the following words, “Don’t become a tax and spend Republican, or I’ll have to find myself a new party and then I will tell everyone in the beautifully stated words of my Republican hero, Ronald Reagan, ‘I didn’t leave the party, the party left me.’”

As an alternative, David Powls of the Holton Recorder suggests compromise: “that working with county officials is easier than working with state officials in Topeka and contributing in the area of public safety would be a good place to show support, and the funding would stay at home where it would do the most good.”

Only time will tell what the ultimate solution is to the continuing political problem in Kansas. On Friday, March 26, 1999, Senate debate on the bill to allow gambling machines in Kansas City and Wichita race tracks was postponed because it was evident there weren’t enough votes to pass it. But, rest assured that this will come up again sometime in the future.