Micmac facts and law outlined

Regarding the article titled, “HRC backs ex-Micmac employees” (BDN March 4), I am disturbed by the fact that the article failed to report that the Maine Human Rights Commission (MHRC) investigator agreed with the Micmac Tribal Council and found that Tammy Condon Getchell and Lisa Gardiner were terminated for legitimate reasons. In addition, the tribes’ auditors and the U.S. Department of Interior have found no illegal use of grant money by the Micmacs.

After reviewing the submissions of the former employees and the Micmacs, the MHRC investigator issued two 10 page reports concluding that the band did not discriminate against either individuals. The MHRC investigator must have spent hours reviewing the submissions and writing her reports only to have the Maine Human Rights Commission reverse her after 20 minutes of argument. There were no additional facts or evidence presented to the Maine Human Rights Commission that the MHRC investigator had not already reviewed. It is unusual for the MHRC to reverse its own investigator without a hearing. In my opinion, to do so without any analysis or supporting documentation is an embarrassment to the MHRC decision-making process.

As I understand the Maine Whistleblower’s Protection Act, it is intended to protect individuals from retaliation because they have asserted legally protected rights. The article correctly reported the Micmac had initiated a lawsuit in U.S. District Court two weeks prior to the MHRC decision. The lawsuit names the members of the MHRC as defendants. It is upsetting to think that the State agency charged with enforcing Maine’s human rights laws would ignore its own investigator’s determination and find against the Micmac simply because the tribe has exercised its legal rights.

Unlike the motivation of the former employees, the Micmac case in federal court has nothing to do with money. The case is about respect and sovereignty. Maine citizens should be shocked by the disrespectful treatment routinely accorded to our tribal members. Maine citizens would be stunned by how people across the country view the general lack of respect shown to Maine tribes and tribal members. We believe that the State and the MHRC should defer to the decisions of our Tribal Council.

In 1991, Congress recognized and acknowledged that the Micmac tribe had governed its own affairs since before the creation of the United States and that we are a Sovereign governmental entity. Our tribe has policies against discrimination and violations of civil rights. We take these matters seriously and investigate all claims whether filed by tribal members or nontribal members. The Tribal Council adjudicates these claims and takes action against violators of the tribe’s policies.

The article was incorrect in reporting that the tribe does not follow the preference recognized by federal law in hiring tribal members. I do not believe that our attorney, Greg Dorr, was correctly quoted in this regard. We do practice Indian preference, like all tribes across the country.

Finally, and perhaps most importantly, the article implies that the tribe has been sued six times in the last six years for discriminating against employees because they were not American Indians. However, only three of the six people were non-native. Moreover, the MHRC found against the tribe in only one of the six cases and not in a majority of those cases as stated in the article. This information was grossly inaccurate and we appreciate the quick correction of these facts by the Bangor Daily News on March 6.

Indian law issues are complex and do not always operate the way non- Native Americans expect. We expect that when someone is looking at an issue regarding our legal status, or our actions, that we are provided an opportunity to explain our side of the story in our own words. We hope that in the future the Bangor Daily News, and others, will take the time to fully understand both the facts and the law when writing about the Micmac Tribe.

William Phillips is tribal chief for the Aroostook Band of the Micmac Nation.