No. 275, Apr. 22 - 28, 2004

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LOCAL & REGIONAL




To read an article, click on the headline.

Police chief candidates
interviewed by citizens

Distributive justice against
Lumbee recognition





Police chief candidates interviewed by citizens

By Liz Allen

Apr. 21 (AGR) – On Apr. 19 roughly 50 people attended a meeting held in Thomas Wolfe Auditorium for input into the selection of a new police chief for the city of Asheville.

The two canadites, David Moore (most recently employed as a police chief from Laurel, MD), and William Hogan (police chief from the Rocky Mount, NC police department) answered questions from meeting attendees who were concerned about racial profiling, use of excessive force, denial of civil rights and liberties by the police department and demographics of the police department reflecting the population of the community.

Neither of the candidates supported citizen review boards, saying that matters are better handled internally. Jim Westbrook, Asheville City Manager, has the final decision in the selection. The city manager is hired by the city council and then is in charge of hiring other positions within city government.

Ninety applicants applied to fill the position of the police chief in Asheville. City of Asheville Human Resource director Belinda Odom and Assistant City Manager Jeff Richardson narrowed down the pool to fourteen applicants. Jim Westbrook, city manager, then picked seven from the fourteen.

Next the candidates were reviewed by a nine member board consisting those three previously involved in the selection process as well as members of the Asheville city fire chief Greg Garrison, the Chamber of Commerce president/CEO Richard Lutovsky, local human resource consultant Greg Mayo of HR solutions, superintendent of Asheville City schools Robert Logan, former Winston Salem chief of police Linda Davis, and Betty Bud with the Police Advisory Council. Odom said the Police Advisory Council, not affiliated with Asheville Justice Watch, is “A community group that works alongside the police department to communicate issues in the community to the chief and the police officers and they kind of work together. For example, they had held some small group community meetings to hear what citizens were looking for in a police chief and those comments were forwarded to the city manager.”

On the day of the meeting a flyer was circulated stating “Help select a new police Chief for Asheville. One candidate is a woman from Vermont.” The flyer also mentioned a website for National Association of Women Law Enforcement Executives. When asked why there wasn’t such an individual among the candidates, Odom said that there are a lot of rumors among city employees and citizens about the police chief, and she does not know why such a flyer would be circulated or how people would have known about it since the names of the applicants were not supposed to have been released. She stated that it is a NC general statute that the names of applicants for a job are not announced without permission from the applicants, which is why the candidates were not announced prior to the public meeting.

A private meeting was also held between the candidates and 100 police before the meeting.

The forum was announced on Thursday, Apr. 15 for the Apr. 19 meeting. Some attendees attributed the low number in attendance to the short notice.

Kent Miller contributed to this article.

Distributive justice against
Lumbee recognition

By Jerry Reynolds

Washington, DC, Apr. 9 — By any standard of abstract justice, the Lumbee of North Carolina answered critics of their case for full federal recognition at a packed hearing of the Committee on Resources in the House of Representatives Apr. 1. The occasion was H.R. 898, the Lumbee Recognition Act.

Not only did the Lumbee refute every argument brought against them on the merits, but they also had to argue their way into the hearing room. With space limited, the Eastern Cherokee delegation, principal opponents of full federal recognition for the Lumbee, hired people to hold them a place in line, according to an attorney for the Lumbee, Arlinda F. Locklear, and others present at the pre-hearing dispute. For a while it seemed that the very subjects of the hearing, Lumbee people, would not be allowed in the room because of overcrowding. But here at least, justice prevailed and the Capitol Police spent an hour enforcing it.

With that small struggle for distributive justice won, much larger ones loom for the Lumbee. From the testimony Apr. 1, H.R. 898 will boil down to a simple question of distributive justice. As opposed to the body of reasoned argumentation that determines our view of what is just in the abstract, distributive justice asks how resources are most fairly distributed. The simple question of distributive justice in the Lumbee case is this - can Indian country afford the full federal recognition of 50,000 Lumbee, making it the third-largest tribe in the nation?

The Eastern Cherokee and their allies in North Carolina think not. They fear the Lumbee will install a casino along Interstate 95, the primary north-south artery of the eastern seaboard. An I-95 complex in Robeson County, NC, home of the Lumbee, would be within easy reach of Fort Bragg, Raleigh-Durham, Chapel Hill, Pinehurst, Myrtle Beach, SC, and South Carolina’s military installations. Even without the lure of a casino, 39,000 vehicles a day use I-95 in Robeson County. A casino there is apt to be a billion dollar operation annually, according to one expert. The Lumbee deny any plans for a casino, but no future federally recognized council would be bound by the deliberations of its predecessor councils; and so many consider a Lumbee casino a foregone conclusion if Congress confers recognition.

“This is a major concern in my state,” said William J. Brooks Jr., president of the North Carolina Family Policy Council. “North Carolina remains one of 11 states in the nation without a state lottery, and our citizens and state lawmakers have traditionally resisted gambling at almost every opportunity. The only forms of gambling that are legal in North Carolina are bingo, limited video gambling with no cash payouts, and the Harrah’s Cherokee Casino in the mountains of western North Carolina, which offers only bingo and video-based machines.

“In fact, the Cherokee casino … is somewhat difficult to get to, not being on an interstate or other major highway. Nevertheless, this facility boasts about 3.3 million annual visits, making it the largest private tourist attraction in North Carolina.”

The council is neutral on full Lumbee federal recognition, Brooks said. It favors a moratorium on gambling expansion in the United States, and Brooks testified to that effect at the hearing.

Eastern Cherokee Chairman Michell Hicks soft-pedaled any concern over a Lumbee threat to the tribe’s monopoly on North Carolina casino gambling. His concern was with the federal budget. H.R. 898 “could cost more than 682 million in taxpayer dollars over four years and further decrease the funds existing tribes and Indians receive.”

United Southern and Eastern Tribes, a 24-tribe coalition, joined the Eastern Cherokee in opposition to H.R. 898. Tim Martin, USET executive director, cited a recent Congressional Budget Office study documenting the adverse budgetary impact a Lumbee-sized tribe would have on other tribes. Like most tribes east of the Mississippi River, the USET tribes tend to have small populations and a limited land base. Like small tribes and many other tribes and tribal organizations nationwide, the organization has already expressed concerns about cutbacks in the BIA direct-service budget.

Non-financial arguments against the Lumbee claim fell by the wayside under questioning from Lumbee allies on the committee, chiefly Reps. Nick Rahall, D-W.Va., and Eni Faleomavaega, at-large member for American Samoa. (Sen. Elizabeth Dole, R-NC, a leading advocate of Lumbee recognition, testified in favor of H.R. 898, but as a senator in the House forum she could not pose questions.)

The Lumbee, recognized by the state of North Carolina in 1885, are already a federally recognized tribe, but the 1956 congressional legislation came without the financial and other entitlements enjoyed by other federally recognized tribes. The Lumbee have described themselves under other names than Lumbee, but they have done so only on the initiative of the Interior Department, according to Locklear.

To recognize the Lumbee now by an act of Congress would indeed constitute an exception to the BIA recognition process established in 1978. But how much of an exception can it be when only 16 tribes have ever been recognized by that process? Martin admitted under questioning that only six USET tribes have been through the federal recognition process. Also under questioning, Hicks acknowledged that the Eastern Cherokee were federally recognized by an act of Congress.

In any case, the Lumbee are considered worthy of exception due to unique circumstances - the 1956 legislation that recognized them also barred them from federal benefits, including the right to seek recognition under the 1978 process. Without any other way open to them, the Lumbee seek an act of Congress.

An alternative remedy would be to enact legislation enabling the Lumbee to seek federal recognition within the system dating from 1978. Charles Taylor, R-NC, the committee chairman, said he will introduce such legislation, despite a companion hearing Mar. 31 that found tribe after tribe complaining about the red tape, expense, longevity and arbitrariness of the recognition proceedings. The Lumbee themselves resist this remedy, contending they’ve proved their case again and again since 1888, when the tribe first petitioned for federal recognition.

Source: Indian Country Today