VOLUME 15 EDITION 5
Lawton, OK
Special General Council Issue 2014
The Comanche Nation Announces New Tribal Economic and Community Development Initiative
Story and Photos submitted by Janet Saupitty/Comanche Nation Capitol Improvement
Over the course of the last year, the Comanche Nation has been actively exploring possible opportunities to create revenue. _, and home sites for tribal members by developing tribal land holdings. The Comanche Nation Capital Improvement Program (“CIP”) began to seek out firms who had expertise in Land Use Feasibility and Master Planning on tribal lands. The CIP and CBC interviewed and selected Blue Stone Strategy Group (“Blue Stone”) to commence the Comanche Land Use Feasibility and Master Planning process. As background, Blue Stone is the premier, national, Native-owned advisory firm committed to strengthening Tribal sovereignty and self-sufficiency through effective leadership, productive governmental systems, and profit
TOP: West view of the renderings for Cache property, which will include restaurant, casino, fueling station, and RV Park in the first phase of development. BELOW: To capture the view of the Wichita Mountains, a rendering was prepared to demonstrate the beauty that will surround the facility.
EDITOR’S NOTE: The articles in the Special General Council Edition of The Comanche Nation News were submitted to the PIO Office for informational purposes, and does not reflect the opinion or views of any of the Comanche Nation PIO Staff. Any tribal member who is seeking a position within the Comanche Business Committee or Election Board may submit their information to run in the Comanche Nation News May edition by noon April 22. See submission guidelines in the April 2014 edition of TCNN on Page 2.
able business development. Blue Stone only works for Tribes and Tribal Enterprises. Their mission is to help Tribal governments increase their chances of success at promoting profitable Tribal enterprises and creating better services and opportunities for their members. During the last 6 years, over 85 Tribes throughout the U.S. have engaged Blue Stone for their expertise in working in Indian Country. For the Comanche assignment, Blue Stone partnered with JCJ Architects (“JCJ”). JCJ has served over 40 tribal nations on design and construction projects in the areas of gaming, education, community, and justice that have totaled $5 Billion. JCJ is known in Indian Country for both creative design solutions as
well as technical expertise, but especially because JCJ offers its Native American clients a proven approach to planning and design that balances business objectives with the delivery of creative environments. The CIP serves as the Comanche coordination point of this major initiative. Other participants include the Comanche Nation Housing Authority, Comanche Nation Realty and Land Acquisition and Comanche Nation Gaming along with the active involvement of the Comanche Nation Chairman Wallace Coffey. The team began their efforts by creating a detailed work plan that formed the foundation for the review of every tribal land site. The team narrowed the list to three See DEVELOPMENT, Page 2
Candidate and Election Information on Pages 6-7
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DEVELOPMENT Continued from Page 1
sites-The Cache Property, the Red River property and the Red River Outparcel and presented the recommendations to the Comanche Business Committee for approval to proceed. These three projects offer a range of building options including one new casino, two gas stations, two grocery stores, several restaurants, an RV Park, and tribal employee housing. The proposed development program offers the potential to generate close to 100 long-term tribal jobs over the course of the next several years. The three projects are designed to be developed in costeffective development modules. They have been phased in order to allow each project component the opportunity to generate cash from business operations to help support the next phase of development. Additionally, Federal Government/BIA grants will be used to reduce out-of pocket costs. The goal is to start construction on at least one of the projects by early this fall. Each of the three proposed projects are detailed below:
Cache Property Development Plan: The opportunity exists to make the Cache property at State Hwy 115 and State Hwy 62 a gathering point for vacation travelers as well as a job center and business hub for the widespread community. The visual imagery of the site is important and the architectural style will bring a mountain lodge “feel” to the property. Components will include outside decks offering spectacular views of the Wichita Mountains. If all of the project phases are built it is realistic to expect that the project could provide 50-60 new Tribal jobs. Plans call for a unique 175-200-machine Casino, Fuel Center, Grocery Store and RV Park.
TOP: Development Plans for the Comanche Red River Retail Development Plans which will include a restaurant and fueling station. BELOW: Site Plans for Comanche Red River Community Development, which will occur in phases. It will include a residential community center, apartments, and single-family homes.
Comanche Nation Project Development Team Comanche Nation Capital Improvement Program -Janet Saupitty -Louie McCarthy -Fred H. Codynah Comanche Nation Housing Authority -Nora Sovo -Reggie Wassana, consultant Comanche Nation Realty & Land Acquisition Dennis Woommavovah -Stephen Lee Chas Robbins- CEO Comanche Nation Gaming Board Comanche Nation Chairman-Wallace Coffey
Later Stages of development call for a Comanche Visitor’s Center to showcase the Comanche culture and its spiritual ties to the Wichita Mountains. The vision includes a museum, gift shop and outdoor exhibits that depict Comanche life. The property’s highway visibility, combined with its’ location as the “Gateway” to the Wichita Mountains Wildlife Refuge and its’ approximate 2.5+ million annual visitors, should make this a very successful development
Red River Tribal Residential Community In order to stimulate more tribal members to work at the Casino, the Tribe would like to provide an affordable rental housing option in close proximity to the Red River Casino. The Comanche Nation owns a 160-acre tract of land located just east of US 70/OK 36 and N2490 in Devol, Okla., approximately 1.5 miles from the Red River Casino and Hotel. The proposed project would be a gated residential community providing security to the families that are living there. Housing will consist of modular homes ranging from 2-3 bedrooms on 1-acre land parcels with paved interior roads and attractive entry landscaping. A clubhouse will also be a part of the development to serve a number of uses, including: • Gathering area that would contain kitchen/entertainment area, game room, library with computers and Internet access. • Safe House to house community members in the event of dangerous weather conditions.
TOP: Steven Lee, Dennis Woommavovah of the Comanche Nation Reality Dept., Scott Celella of JCJ Architechs, and Louie McCarthey of Comanche Nation Capitol Improvements discuss the site plans for new the new Project Developments. LEFT: Reggie Wassana and Nora Sovo, both of the Comanche Nation Housing Authority, listen to ideas and input for the new Project Developments.
• Daycare Center for Comanche Nation members who may be working irregular hours at the Casino. • Recreation Area offering the children and community a range of recreation options in a safe, secure environment.
Red River Out-Parcel The Red River Casino & Hotel is the Comanche tribe’s most lucrative casino. Adjacent to the Casino is an out-parcel that offers an ideal opportunity to augment Casino revenues while providing essential support services for future tribal residents and visitors to the Casino. This proposed development would consist of four elements offering the opportunity for an additional 8-15
new jobs. These new components would include: • Gas station that can also service RV’s could be a lucrative amenity at the Red River Casino. Targeted customers would include Red River Casino & Hotel visitors and surrounding residents. This gas station would not compete with the trucking consumer that the Travel Center is focused on. • A Grocery Store that would carry a range of products meeting the needs of the mobile home visitors who come to the Casino, Hotel guests, and employees and local residents seeking a few quick items on their way home. • Smoke Shop would be relocated from its current location
at Red River Casino into this new building • A local restaurant adjacent to the grocery store and fueling station offering simple, inexpensive offerings as another dining alternative on the Red River Casino property. With the community’s continued support, the Comanche Nation intends to move forward with the construction of these three new projects in the coming months. Cache will likely be the first to break ground this fall followed closely by the Red River Out-Parcel and the Red River Residential Community. These three projects represent a great turning point for the Tribe as we look to diversify our income base and generate positive cash flow
for the tribe from these new tribal ventures. At the same time, we are focused on offering our members employment opportunities at these
new tribal venues. We hope you share our excitement in these new tribal construction projects.
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Building Jobs and Progress Comanche Nation Gaming Reaching New Heights in Growth and Revenue
Ribbon Cutting Ceremony of the Comanche Red River Hotel April 1, 2014
Ribbon Cutting of the Comanche Nation Travel Plaza January 13, 2014 Article submitted by Chas Robbins/Comanche Nation Gaming
Comanche Nation Gaming (CNG) continues to show exciting growth. Following three years of steady increases in operating income, CNG ended 2013 with record setting distributions to the Comanche Nation (Nation). Additionally, CNG now offers even more hospitality and entertainment options with the recent opening of the Nation’s first hotel at Comanche Red River Hotel Casino, a new casino located at the Comanche Nation Travel Plaza, and the upcoming opening of the new and enhanced Comanche Spur Casino. The Comanche Nation owns and operates five successful casino properties throughout southwest Oklahoma. Managed by the Comanche Nation Gaming Board of Directors (CNGBOD) and regulated by the Comanche Nation Gaming Commission (CNGC), CNG strives to provide a fun and dynamic customer experience, focused on high value entertainment and hospitality, while providing for the future of the Comanche Nation. CNGBOD and Comanche Casinos currently employ 518 team members. GAMING BOARD The CNGBOD is comprised of three directors and an executive staff. Dan Bigbee, Jr. of Edmond, Oklahoma serves as Chairman of the Board. Leslie Whitefeather of Norman, Oklahoma serves as Vice-Chairman. Peggy Paddyaker of Edmond, Oklahoma serves as Director. All three directors on the CNGBOD are Comanche tribal members with long histories of serving the Nation in various capacities. The gaming industry continues to show only a slow recovery from the recession and only modest increases in operating income around the country. However, CNG has had a steady increase in growth since 2011. In fact, CNG’s operating profit in 2011 was 14% higher than 2008 operating profit, which prior to 2011 was CNG’s previous record
setting year. In 2013 CNG distributed 42% more to the Nation than in 2011. This past year was the Nation’s most profitable year in gaming, with distributions to the Nation and its tribal members totaling over $55,000,000 in 2013 alone. RED RIVER HOTEL Through the leadership of the Comanche Business Committee (CBC), the CNGBOD and through the approval by referendum by the Comanche Nation Tribal Council, CNG has been able to continue expanding through new endeavors. Specifically, the CBC went to the Comanche people seeking approval to build a hotel at the existing Red River Casino. By referendum ballot the Tribal Council granted approval to proceed with the hotel development project. Immediately after approval was granted, pre-construction planning commenced and construction began in March 2013. With approximately 12 months of construction, the new Comanche Red River Hotel Casino opened in late March 2014. The hotel offers 87 guest rooms and five suites (including the Chief Ten Bears Suite, Chief Quanah Parker Suite, Chief Horseback Suite, Chief Wildhorse Suite, and the Burk Burnett Suite). The Warrior Conference Room can accommodate meetings, banquets or events with up to 100 people, or can be split into two smaller conference rooms. The hotel offers a fitness facility and direct access to the Red River Casino gaming floor and Countryville Bar and Grill. The hotel property is a beautiful fusion between the Comanche culture and modern architecture. The lobby area and suites display original artwork by Comanche artists. Red River players have already taken advantage of the new hotel, where we have seen all rooms sold out during the past two weekends. When asked about the opening of the new hotel, Dan
Comanche Nation Spur Expansion scheduled to open in May 2014 Bigbee, Jr., Chairman of the Comanche Nation Gaming Board stated, “opening our hotel is a proud accomplishment for the Comanche Nation and a new level of excitement for our casino guests.” A ribbon cutting ceremony was held at Comanche Red River Hotel Casino on April 1, 2014 where tribal members, tribal leaders, casino management and business leaders from the surrounding area gathered to celebrate the hotel opening. Chairman Coffey and the CBC each provided statements to the audience related to how proud each of them were to see the project completed. Addresses were made that linked both the history of the Comanche people in that region and the exciting future for the Nation in that same area of Cotton County. TRAVEL PLAZA The opening of the new hotel was the second grand opening related to gaming and retail in Cotton County for the Nation in 2014. In January, Numunu Pahmu hosted the grand opening of the new Comanche Nation Travel Plaza, located just east of I-44 from Exit 1, near the Oklahoma/ Texas border. The full service travel plaza and truck stop offers a deli, convenience store, smoke shop (with humidor), showers for overnight truck drivers, and a 100-machine casino. The travel plaza is an exciting example of how multiple entities within the Nation’s structure can work together in joint ventures. The fuel
stations, convenient store, deli and smoke shop are managed by Numunu Pahmu, while the casino is managed by CNG. The travel plaza markets to a new group of patrons that might be more transient in nature than our typical casino property patrons. The casino located at the travel plaza is structured to provide an exciting entertainment experience for guests that are looking for an easy and quick opportunity to play the slots. SPUR CASINO Comanche Spur Casino was opened in May of 2003. This small property, located just North of the Comanche Nation Complex, has developed a niche market of locals from the Richard Spur, Elgin and Apache areas. The current property offers approximately 130 Class II and Class III slots. Just a few steps from the existing Spur Casino, a new casino and convenience store is being constructed. This new facility will offer over 180 slot machines, a full service deli, convenience store, smoke shop and fueling stations. The architecture of the new building is an attractive compliment to the look developed at Comanche Nation Casino and Comanche Red River Hotel Casino, with stacked stone and impressive tall glass windows at the entrance. When the new Spur Casino opens in mid-May 2014, all Comanche casinos will be offering ticket in ticket out capabilities and C Club membership with a one-card solu-
tion for guests at any Comanche casino. The Comanche Nation Gaming Board has focused on measured growth to adapt to the changing market. Specifically, the market for gaming hospitality in southwest Oklahoma and north Texas has developed into a sophisticated group with specific demands. CNG strives to ensure that its guests always have an exciting experience when playing at a Comanche Casino. Part of meeting the needs of a sophisticated market is providing a fun and dynamic venue for entertainment. Specific emphasis is being placed into guest service training and development, direct marketing initiatives and leadership development for the Nation’s casino employees. When asked about CNG’s success Chas Robbins, CNGBOD CEO stated, “The success of Comanche Nation Gaming is based on two very important factors— our guests and our team members.” Robbins continued, “CNG team members are among the best in the industry.” With a clear vision and strong leadership from the Comanche Business Committee, CNG is positioned to continue growing over the coming years. With this growth will come the ability to further increase services provided to tribal members and direct payments to tribal members through the Nation’s Revenue Allocation Plan.
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Qualifications to Run for the Comanche Business Committee
A candidate for a position on the Business Committee shall meet the following qualifications: (a) Shall be a member of the Comanche Nation and at least twenty one (21) years old at the time of election. (Constitution, Art. IX, § 1) (b) Shall not have been convicted of any felony or any misdemeanor involving dishonesty or of accepting a bribe. (Constitution, Art. IX, § 2). (c) Shall not have been recalled from a Business Committee office, in accordance with Article VIII of the Constitution, within three (3) years after the expiration of the term of office in which the person was serving at the time of recall. (Constitution, Art. IX, § 3) (d) Shall not have completed a second consecutive term of office on the Business Committee within the previous three (3) years (any portion of a term shall count as a full term). (Constitution, Art. VI § 8). (e) Shall not be employed by the Nation's tribal government. (Constitution Art. V § 9).
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IV. V. VI. VII.
Annual General Council Meeting April 19, 2014 Watchetaker Hall Comanche Nation Complex 584 N.W. Bingo Road Lawton, OK 73507 Agenda Call to order Invocation Nomination of Officers a) Secretary Treasurer b) Committee person No. 3 c) Committee person No. 4 d) Election Board Districts Tribal Administrator’s Position Tribal Lawyers Proposed Budget FY 2015 Adjourn
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Candidates for Tribal Administrator
The Comanche Nation News
Candidates for Secretary/ Treasurer Gary Tahmahkera Incumbent
Will Owens
Baliente Herrera
My name is William Owens and I am running for re-election for the position of Comanche Nation Tribal Administrator. I am currently serving my fifth term, and would like the opportunity to continue working for my Comanche people. I am the son of Charlene and Patterson Tahdooahnippah and Gordon Owens. I am the grandson of Vernon Cable and the late Gloria Mae Wermy Cable and the great-grandson of the late Agnes Atauvich- Wermy. From a young age, my family instilled in me the importance of hard work and serving others. I attended Cache High School, Great Plains Vo-Tech, Cameron University, and the University of Phoenix. In 2002, I began working for Comanche Nation. I have worked for the Comanche Nation Housing Authority, Home Improvement, and was the Director of Transportation. In 2010, I was named Acting Tribal Administrator. In 2011, I was “elected” by the people and hired as Tribal Administrator, a role I am proudly continuing to serve. In the past year, I have worked diligently on several projects in conjunction with Chairman Coffey and the Comanche Business Committee, tribal employees, and tribal members to better the lives of our Comanche people. With the support of the Tribal Council, we opened the Dallas Outreach Center to better serve our large urban Comanche population in the Dallas/ Fort Worth region. The Comanche Nation has diversified our economic development and increased jobs in the past year with the opening of the Comanche Nation Travel Plaza and the Red River Hotel. These projects will increase revenue to benefit Comanche families for generations to come. With the support of the Comanche Nation, I would be honored to continue to serve as Tribal Administrator. There are many exciting projects that I hope to continue working on. The Assisted Living Center is in the final stages of certification from the Oklahoma State Board of Health. This project will greatly benefit our elders and their families by providing compassionate medical care. In conjunction with the CBC, I am also working to move all medical departments to a centralized location in the Lawton area. As Acting Executive Director of the Comanche Nation Housing Authority, I am working to increase transitional housing for tribal members. I would like to add apartment homes in Elgin, Cache, and the Devol areas. I will continue to improve the efficiency and accessibility of our tribal programs to ensure that all Comanche tribal members have equal opportunities to receive assistance. I will always make myself available to Comanche tribal members to listen to concerns, suggestions, and questions. The best part of my job is working hand in hand with the Chairman, Business Committee, tribal employees and members to ensure that the Comanche Nation continues to move forward and prosper. I am determined to continue advocating for the best educational, health, and economical interests of the great Comanche Nation. I am honored, humbled, and blessed to have served five terms as Tribal Administrator. However, our work is not finished. With your support, we will continue to work together and thrive. I look forward to seeing you at the General Council Meeting on April 19, 2014 at 10:00 AM. Ura! Thank you for your support,
Family: Mother is Glenna Chibitty Niedo, grandmother is the late Wilma Chibitty and my great-grandparents are the late John and Dana Chibitty. Education: Graduated from Cache High School in 1994, attended Haskell Indian Nations University from 1994-96 and graduated from Cameron University in 2012 with a Bachelors Degree in Business Administration specializing in Finance, currently pursuing my Masters Degree in Business Administration. Military Service: Served with the US Army from 1997-05 including a tour of duty in Iraq with the 17th Field Artillery Brigade, awards include 2 Army Commendation, 2 Army Achievement, the Iraqi Campaign Medal and the Parachutists Badge – am currently an active member of the Comanche Indian Veterans Association. Work Experience: Employed with the Comanche Nation Environmental Protection Agency as a Data Technician from 2005-06; NU-TX Coding in Fort Wayne IN as an Inspector in 2006; Kellogg, Brown and Root Private Military Government Contractor in Baghdad, Iraq as the logistical Supervisor from 2006-07 and currently the Property and Procurement Coordinator at Comanche Nation College since 2013. If elected as the Tribal Administrator my goals are to: • Lead by Example • Continue to develop and train employees in a professional manner to improve Customer Service • Pursue objectives and activities identified by the Business committee and other entities of the Nation • Oversee and assist each program with their budget for accountability and transparency • Seek additional funding for existing and new programs • Ensure personnel policies and procedures are followed • Assist the Elderly, Disabled, Handicapped, Homeless and Unemployed when warranted
John David Hayden John David Hayden is the great grandson of Comanche Jack Permansu, nephew of Comanche leader Ten Bears; and he is the grandson of Sarah Pohosucut. Hayden has great admiration for his elders and is very proud of his Comanche heritage. Hayden is a graduate of the University of Oklahoma with a Bachelor’s in Science. John has over ten years of administrative experience working with tribal governments, tribal entities and tribal housing authorities. Therefore, he understands the hard work and devotion it will take to run a competent, efficient and growing tribal administration, if elected as Tribal Administrator. Hayden has worked with federal agencies such as the Small Business Association, the Department of Housing and Urban Development and the Bureau of Indian Affairs. He understands the process of funding, reporting, compliance, and program development. Over the years Hayden has maintained a good long standing working relationship with agencies. His past experience included serving as CEO of a tribal SBA 8(a) certified construction company and managing his own construction company. Hayden believes there are many economic opportunities for the Comanche Nation and would work hard to seek this positive growth for the Comanche Nation. This economic growth would employ and train Comanche tribal members and provide them vocational and educational opportunities. Hayden has also written and received several grants for tribes, including Indian Community Development Block Grants and U.S. Department of Agriculture grants. The success and effects of these grants provided assistance to many tribal people; and, he feels that he can also provide these opportunities to the Comanche Nation if elected Tribal Administrator. Hayden has a positive belief that the Comanche Nation is a top economic entity and employer in Oklahoma, but that the tribe has more potential to grow and prosper. This prosperity would benefit all Comanche children, elders, students and tribal employees in
areas of housing development, education and program assistance. As a father and grandfather, Hayden believes in the Comanche Nation and its future • OWNER, OPERATOR, JD TRIBAL SERVICES, LLC. 1999-PRESENT-Manage and run the day to day operations of the consulting and construction company. Oversee the construction projects and development. Consult with tribal governments on housing programs, environmental issues and development. • EXECUTIVE DIRECTOR, IOWA TRIBE OF OKLAHOMA HOUSING AUTHORITY 2011-2013-Performed all duties required of the director of the tribal housing programs including but not limited to: policy development, grant submission and reporting, oversee tribal housing and development, attend housing meetings and grant writing. • CEO, BAH KOH JAH DEVELOPMENT, IOWA TRIBE. 2012-2013-Performed all duties of Chief Executive Officer of the Iowa Tribe SBA 8(a) certified construction company. Oversaw construction projects and development. • HOUSING SPECIALIST, FINLEY & COOK, 2009-2010-Housing Specialist for Tribal Accounting Department. Worked directly with tribal housing authorities to ensure compliance with regulations. • EXECUTIVE DIRECTOR, FT. SILL APACHE HOUSING AUTHORITY, 2007-2009-Performed all duties required of the director of the tribal housing programs including but not limited to: policy development, grant submission and reporting, oversee tribal housing and development, attend housing meetings and grant writing. • Bachelors in Science, the University of Oklahoma.
upcoming election dates • General Council, Saturday, April 19, 2014; • Early/In-House Voting, Thursday, May 15 & Friday, May 16, 2014; • General Election, Saturday, May 17, 2014; • Early/In-House Voting for Run-Off Election (if needed), Thursday, June 12 & Friday, June 13, 2014; • Run-Off Election (if needed), Saturday, June 14, 2014. Positions open on CBC: Secretary/Treasurer; Committeeman No. 3 and Committeeman No. 4. Positions open on Election Board: Apache (1), Cache (2), Lawton (1), Oklahoma City (1) and Walters (1). The Election Board is honored to serve the Comanche People and encourages all eligible tribal members to exercise their right to vote in the upcoming election.
Any candidates running for positions on the Comanche Business Committee or Election Board may turn in their picture and information to the Comanche Nation PIO Dept. by 5 p.m. April 22 to run in the May edition of The Comanche Nation News newspaper. Send information to: jolenes@comanchenation.com
Tahmahkera These past years, I have seen the Comanche Nation Progress toward a more prosperous future through Economic Expansion and Community Progress. Building more job opportunities for the Comanche people is the number one goal, and as we prosper into the future, more objectives will be reached, expanding the advancement of the Comanche Nation in surrounding towns and communities. It has been my upmost honor to work with the Comanche Business Committee and Chairman Wallace Coffey, and with your support, I may continue to work with the CBC and others to make sure Comanche Tribal members have a voice, and to expand the Nation into the future with the integrity and honor our tribal ancestors and leaders wished for us, and to work hard for the future generations to come.
Jerry Tahsequah
Tahsequah is an alumnus of the University of Oklahoma (OU), where he served as President and Treasurer of the American Indian Alumni Society, President, the OU American Indian Faculty and Staff Committee. He is the former Associate Director of the OU Health Sciences Center, Native American Center of Excellence, and former Coordinator for Academic Service, the OU Athletic Department. He served briefly as a Case Manger for the Comanche Nation Indian Child Welfare Family Services. He served on the State Board of Directors and as the Oklahoma City Chairman and Vice Chairman and Chairman Southwest Chapter of the American Indian Chamber of Commerce of Oklahoma (AICCO) He served as Chairman and Treasurer, the Board of Directors of the Native American Tobacco Coalition of Oklahoma.; Board of Directors Central Oklahoma Chapter of Juvenile Diabetes Research Foundation; Board of Directors and Treasurer, the Ronald McDonald House Charities of Oklahoma City. He is a former member of the National Congress of American Indians; National Indian Education Association; American Indian Science and Engineering Society; National Association of Academic Advisors for Student Athletes. Tahsequah has served on numerous national and state advisory and consulting committees including: • Robert Wood Johnson National Advisory Committee Pipeline Profession and Practice. • Kellogg Foundation Committee in Diversity Mentoring Project • US Department of Health and Human Services (DHHS) Substance Abuse and Mental Health Administration Diversity Committee. • US Indian Health Services Scholarship Review Committee. • US DHHS HRSA Bureau of Health Professions Peer Review Committee • Jim Thorpe Rehabilitation Center “Projects with Industry” Business Advisory Council. • Oklahoma American Indian Heritage and Celebration Committee. • Oklahoma Health Science Center Native American Research Center for Health. • OU Health Science Center Staff Senate Discrimination and Harassment Committee. • OU Health Science Center of Native American Research Group of Oklahoma Executive Committee. • OU American Indian Verification Policy Committee.
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Crowe and Dunlevy Review Year Accomplishments Include Tobacco Tax Compact Injunction and Comanche Indian Cemetery Restoration Submitted by Michael McBride/Crowe and Dunlevey Attorneys and Counselors at Law
Crowe and Dunlevy has served as legal counsel to the Comanche Nation since June 2012. Mike McBride and Walter Echo-Hawk lead the Nation’s legal team and have helped the Business Committee, boards and commissions achieve a number of milestones this past year. Some of the victories and accomplishments include: • Victory against CDSTI on tribal court jurisdiction. A Gaming machine vendor from the early 2000s sought so-called “lost profits” from the Nation. While the Nation paid the group millions early on to settle the claims years ago, CDST has come back again making new claims for approximately $38 million. CDST filed arbitration against the Nation. The Nation sought to resolve the matter in tribal CFR Court. CDST filed a lawsuit in federal court to enforce arbitration and challenge tribal court jurisdiction. The Nation claims the agreements are void. Since Crowe’s representation in 2012, the firm has successfully obtained judgments and orders in the Court of Indian Appeals for the Comanche Nation and the United States District Court for the Western District of Oklahoma that the Court of Indian Offenses for the Comanche Nation Court should determine in the first instance (i) whether certain gaming contracts are valid and whether a waiver of
sovereign immunity is valid, and (ii) whether claims for approximately $38 million in damages should be dismissed or resolved in tribal court or in arbitration. Case No. CIV-13-027 (Court of Indian Offenses for Southern Plains Region); CDST-Gaming I, LLC v. Comanche Nation, et al., Case No. CIV-09-521 (U.S. Dist. Ct., W.D. Okla.) (Order of dismissal in favor of Comanche Nation, March 4, 2014). So far, Crowe has won every round for the Nation. The litigation team includes Mike McBride, Jimmy Goodman and Harvey Ellis. ♦ Tobacco Tax Compact Injunction Victory. The Crowe team obtained an emergency injunction order from the American Arbitration Association and a federal court temporary restraining order against Governor Mary Fallin and Oklahoma, in favor of the Comanche Nation. The arbitrator and the federal judge ordered Gov. Fallin to adhere to a more favorable tobacco tax compact for the Comanche Nation enjoyed by the Chickasaw Nation. The Comanche Nation successfully invoked a “most favored nation’s clause”. Several other tribes lost this claim in arbitration. This saved scores of Comanche jobs, numerous retail businesses and saved the Comanche Nation $500,000 a month in much needed government tax revenue. Comanche Nation et. al. v. Gov. Mary Fal-
lin and State of Oklahoma, AAA Case No. 71 181 00639 13 (Nov. 18, 2013); Comanche Nation et. al. v. Gov. Mary Fallin and State of Oklahoma, No. 13-1228-C (United States District Court, W.D. Okla., Temporary Restraining Order: Nov. 20, 2013). Shortly thereafter, Gov. Fallin and the State of Oklahoma gave up on every point and agreed to dismissal of all litigation. Mike McBride, Jimmy Goodman, Harvey Ellis and Paige Masters lead the negotiation and litigation team. ♦ Settlement with U.S. Department of Defense regarding Comanche Indian Agency Cemetery restoration, access and care. The United States Army built an air field on Ft. Sill Reservation a century ago at Lawton, Oklahoma. The Army built the airfield directly adjacent to a historic Indian Agency Cemetery. Over 100 Comanche citizens are buried there. The Army made the area highly secure surrounded by security fences and guards. The Army also removed the headstones marking the graves and has denied or severely restricted access to next of kin. The situation offends the religious and cultural sensibilities of the Comanche people. The Department of Army has greatly resisted efforts to meet the needs and concerns of the Comanche Nation and the next of kin. A Crowe team consisting of Walter Echo-Hawk, Jona-
thon Rector and Mike McBride advised the Comanche Nation in declaring the area a “sacred site,” negotiating permission for greater access to next of kin and others, parking, searching for missing graves, obtaining a survey and headstones for each grave and for providing for on-going care and maintenance of the graveyard and the Comanche deceased. The effort required consultations and negotiations at the highest level of the Pentagon, Arlington National Cemetery and the Department of Army’s General Counsel in Washington D.C. The Comanche Nation signed a settlement agreement with the Department of Defense at the Tomb of the Unknown Soldier at Arlington National Cemetery on November 21, 2013. Since then, the United States under careful and respectful consultation has conducted a ground penetrating radar survey that has resulted in locating a number of previously unknown graves and several potential mass graves that could hold the final resting place for Comanche citizens struck down by small pox. Kudos and Awards Crowe lawyers have received notable recognition this past year. Walter Echo-Hawk published his latest book, IN THE LIGHT OF JUSTICE about the United Nation’s Declaration of Indigenous Rights and has toured the world promoting fair treatment for native peoples.
The International Masters of Gaming Law elected Mike McBride Treasurer of the organization at the October meeting in Oslo, Norway. The Oklahoma Supreme Court awarded McBride the first ever Justice Rudolph Hargrave Prize for Outstanding Scholarly Article by a faculty member at the 2013 Sovereignty Symposium in June. The article is Fifty Shades of Regulation: A Survey of Internet Gaming Issues in Indian Country and a Framework for Future Development. The Gaming Law Review and Economics has since published the article. Chambers & Partners, a peer review organization in England, awarded McBride the “Star Individual” designation, its highest honor for Native American Law in 2013. He is the only Oklahoma lawyer to receive the designation. Crowe and Dunlevy is very proud to represent the Comanche Nation.
Changes to the Election Process For Comanche Nation Voters
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All eligible tribal members will receive a ballot in the mail. Tribal members will no longer have to submit a request to receive a ballot. • The Election Board will pay the cost of the return postage. There will be no cost to the tribal member to mail their ballot in. • Early voting will now be on Thursday and Friday preceding the General Election. • A new polling site for early voting will be at the Comanche Nation Elder’s Center/Nutrition Site located at 1107 SW “H” Ave. Please make sure that your address is current with the enrollment office. The Election Board encourages all eligible tribal members to exercise their right to vote in the upcoming election. Please contact the Election Board office at 580492-3272 if you have any questions.
Anadarko Area Voting Site Changes Location to Tribal Outreach Center The Comanche Nation Election Board wants the Anadarko Area voters to be advised that the polling site for Anadarko will now be the Anadarko Outreach Center, located at 117 SW 2nd St., Anadarko, Oklahoma 73005. For questions or additional information, contact the Election Board office, (580) 492-3272.