SAULT TRIBE BOARD DROPS LAWSUIT & PAYS BERNARD BOUSCHOR, et al. Nearly $300,000 MORE! HELP US STOP PAYMENT ON THE CHECK.
January 12, 2011 Greetings!
I am sorry but I have some news that you are not going to like. At last night's Tribal Board meeting (1-11-11) a simple majority of the Tribal Board Members* voted to pay Bouschor, et al. $300,000 and dropped the lawsuit against him regardless of the nearly $3 million he received from our Elders, children and all Members of our Tribe. Just six Board Members (1 short of the positive majority - required by Tribal law) did so without exhausting our legal remedies including our right to an appeal.
WE NEED YOUR HELP IMMEDIATELY! PLEASE SIGN THE LINKED PETITION
We as Tribal Citizens can exercise our Tribal Constitutional right to stop this check by signing the attached referendum petition. If you want to help us do what is right, please:
1. Click on this link to print and sign the petition:
2. Place the signed petition inside of a stamped envelope and mail it back to me at: Aaron A. Payment 1716 Shunk Rd. Sault Ste. Marie, MI 49783
3. Call and/or email all of your Tribal family Members and Tribal friends and ask that they do the same;
4. Make a small donation if you can to help defray costs. In addition to this mass email (using a paid service) to Tribal Members I am doing a mailing to ask them to join us by signing and returning a petition. Any donation amount will be accepted but please no checks over $250 per person. Just place your donation in the mail with the signed petition.
Respectfully Submitted, Aaron A. Payment
Wednesday, January 12, 2011
Monday, January 10, 2011
Convicted Felon Fred Paquin's Theft of Federal Grant Funds & Subsequent Severance
[This document and attachment are copied to the following recipients through the United States Mail]
The Honorable Jeff Davis, Assistant U.S. Attorney
The Honorable Lamar Smith, Chair - United States House Committee on the Judiciary
The Honorable Committee Members, United State Senate Indian Affairs Committee
Larry Echohawk, US Department of Interior - Assistant Secretary for Indian Affairs
January 7, 2011
Mr. Eric Blubaugh, Tribal Prosecutor
Sault Ste. Marie Tribe of Chippewa Indians
523 Ashmun Street
Sault Ste. Marie, MI 49783
Dear Mr. Blubaugh:
Please pay attention to the fact that I have copied this communication to the U.S. Attorney’s Office for the Western District of Michigan as this issue deals with former Sault Tribe Chief of Police Fred Paquin’s theft of hourly wages paid in part under U.S. Department of Justice grants; through the Bureau of Indian Affairs Self Governance funds; and under the Sault Tribe’s Indirect Cost proposal. This letter is also copied to the Sault Tribe Board of Directors, U.S. Congressman Lamar Smith, Chair of the House Judicial Committee; the U.S. Senate Committee on Indian Affairs (no chair has been appointed as of this date to replace retiring Senator Dorgan); and Larry Echohawk, the U.S. Department of Interior Assistant Secretary for Indian Affairs.
I clarify that I am submitting this letter not only as a citizen of my Tribal Nation - the Sault Ste. Marie Tribe of Chippewa Indians, but also as a United States Taxpayer and voting citizen.
I am appalled that the Sault Tribe Board of Directors voted in a hastily called meeting on 12/28/10 (in non-compliance with the Sault Tribe Constitutional five day notice requirement to Tribal Citizens) to grant felon Frederick J. Paquin an employment severance of $18,000! This is shocking to many Sault Tribe Members as Fred Paquin, the former Chief of Police, was convicted of a felony by the United States Attorney’s Office for the Western District of Michigan of conspiracy and theft from the Sault Tribe and by extension - Federal U.S. Department of Justice and BIA Self-Governance funds. His sentence is to begin on January 17, 2011 of one year in a federal penitentiary and restitution of $231,000 which he directly stole and benefitted from personally.
For the record the approval was made with a simple majority vote with Bernard Bouschor (Unit 1), Debra Pine (Unit 1), Cathy Abramson (Unit 1), Joseph Eitrem (Unit 1), Lana Causley (Unit 2), Keith Massaway (Unit 3), and Patrick Rickley (Unit 3) voting in the affirmative with the negative votes coming from: Deidre Malloy (Unit 1), Catherine Hollowell (Unit 2), Tom Miller (Unit 4), Denise Chase (Unit 4), and Joann (Carr) Anderson (Unit 5).
It has been explained to me that the justification for this $18,000 payout for Paquin was due to the fact that he had an employment contract with a waiver of sovereign immunity for enforcement with the stipulation that if terminated for any reason, accrued vacation and sick time are required to be paid to the employee.
Notwithstanding the fact that Paquin was convicted of a felony which the contract contemplates as a breach of the contract voiding the obligation to pay out accrued vacation, I take issue with the misrepresentation that Frederick J. Paquin had $18,000 in accrued and unused vacation pay. A brief explanation following including attached evidence to demonstrate he did not have these hours accrued and was therefore not entitled to the aforementioned payout.
During the August of 21, 2007 meeting of the Sault Tribe Board of Directors held in Newberry, Michigan, a Tribal citizen asked the question of whether or not Fred Paquin, then a Member of the Sault Tribe Board of Directors and Chief of Police for the Tribe was in compliance with the Governmental Team Member Manual by using vacation time when absent from work to attend Greektown Management Board meetings as he was also a Member of this Board (the position of Chief of Police is wholly unrelated to this role). His answer was yes. The following day, I checked with the Human Resources Office and Payroll to determine if this were in fact the case. Upon learning that he had not followed policy to take vacation time while absent as other Members of the Sault Tribe Board who were also employed did, I directed the arrearage be corrected. The total number of hours was 320 amounting to a monetary value of $17,270. All policy and procedures were followed in correcting this act of employee theft. The action to remedy this situation stopped short of termination given the employee held an employment contract that further specified terminable offenses for contract employees not to include employee theft.
Throughout the balance of my authority as the Tribal Chairperson/CEO until July 3, 2008, I continuously stopped Victor Matson, Jr. – Sault Tribe CFO, from attempting to credit these hours back to Paquin. It is interesting to note that during this time period until now, Fred Paquin was arrested and prosecuted for assault of the Tribal Prosecutor’s secretary in one case, and for 16 Federal Criminal Indictments by a Federal Grand Jury related to his eventual conviction of conspiracy to commit fraud against the United States government.
Not currently in a position of authority to determine the answer directly, I have to guess that the $18,000 paid in a severance to Paquin was due to Victor Matson, Jr crediting Paquin’s accrued vacation time for those hours he did not work and did not use vacation time. This act itself, appears to be an act of fraud on Matson’s part as Paquin did not work these hours, did not utilize accrued vacation time but was ultimately nonetheless paid using funds that originated from Federal sources. I can attest that several Members of the Sault Tribe Board of Directors like Vice Chair Lana Causley are well aware that Paquin did not work these hours and did not utilize accrued vacation or sick but that he was nonetheless paid.
Attached is a series of documents that demonstrate Paquin’s theft and my attempt to correct this theft as it was the right thing to do but also to try to insulate the Sault Tribe from Paquin’s criminal actions and to try to restore some integrity in the Sault Tribe’s use of Federal funding.
The documents, all maintained in the Sault Tribe Human Resources Department, include:
Document Explanation
Exhibit # 1 of 6
Memo to HR Director from Aaron Payment, RE: “Vacation Leave Request and Payroll Error Form Arrearages and Correction” directing that Fred Paquin’s accrued vacation hours be corrected due to his failure to record the hours he was away from work. The total arrearage amounts to $17,270 which Fred Paquin stole from the Sault Tribe in the form of wages. This memo cites the proper use and procedure for use of employment vacation time.
Exhibit # 2 of 6
Signed “Leave Request and Approval” form to effectuate the correction of hours to reflect actual hours Fred Paquin did not work but for which he was paid. The total deduction was 320 hours for a dollar value of $17,270 calculated at the hourly rate of Paquin’s employment at the time he was absent from work.
Exhibit # 3 of 6
“Payroll Error Form” to effectuate the aforementioned correction. References attached spreadsheet (Exhibit 4).
Exhibit # 4 of 6
Dates Fred Paquin was absent from work due to attendance at Greektown related meetings. These meetings are entirely unrelated to Paquin’s employment as Police Chief. Policy requires prior written approval which was not obtained. Policy also defines this act as “Unacceptable Conduct” and prescribes disciplinary action up to and including termination (sees policy citations below).
Exhibit # 5 of 6
“Personal Action Form” directing that Paquin’s hours be adjusted for an unwarranted raise of 22% he received on 1/25/04 just one month after receiving the maximum allowable annual raise for 2004 (per policy) of 5% on 12/28/03. This raise was received the day of the 2004 Tribal Chairperson Notice of Election was released by the Tribal Election Committee leaving one to speculate that Fred Paquin and Bernard Bouschor had an arrangement for Paquin to receive the 22% raise (27% for the 2004 Fiscal Year) in exchange for Paquin not contesting Bouschor’s bid for re-election for the 2004 Chairperson race.
Exhibit # 6 of 6
Spreadsheet showing activity of when Paquin received raises including the percentage, the maximum allowable per policy, his hourly rates, and new adjusted annual salary. Paquin was not penalized for the arrearage but correct hourly wage was used to calculate his unwarranted accrued vacation hours.
Sault Ste. Marie Tribe of Chippewa Indians Governmental Team Member Manual Citations:
General Conduct Policy (Section AL1)
Falsification or omission of company records, including but not limited to time records, accounts payable, accounts receivable, employment records, expense reports, inventory, etc.
Failure to adhere to work schedules, or absences without permission; loafing; unauthorized use of time; or use of work time for personal business.
Further, Section AL4-AL7 “Infraction Procedure” provides greater specificity to these aforementioned infractions and provides the disciplinary course of action for these infractions:
Infraction Procedure - 1st Offense - 2nd Offense - 3rd Offense
606.11 Failure to notify office of absence. 3 day disciplinary leave of absence. 1 week disciplinary leave of absence Termination
606.08 Falsification or omission of company records. Termination.
606.09 Stealing or failure to report dishonest acts, whether knowledge of such act or plan is obtained directly or indirectly. Termination and Police Report.
71.806 Theft. (1) (a)(b)(c) from the Tribal Criminal Code
A person commits the offense of theft, if he knowingly obtains or exercises control over anything of value of another without authorization, or by threat or deception, or knowing said thing of value to have been stolen; and he (a) intends to deprive such other person permanently of the use or benefit of the thing of value; or (b) knowingly uses, conceals or abandons the thing of value in such a manner to deprive such other person permanently of its use or benefit; or (c) uses, conceals or abandons the thing of value intending that such use, concealment or abandonment will deprive such other person permanently of its use and benefit;
It is my hope that you take this communication seriously and act in the best interest of the Tribe. I realize your employment is “At Will.” However, as Prosecutor, I believe it is your job to adjudicate violators of the Sault Tribe Criminal Code – no matter who violates it. It is a mystery to me as a Tribal Member and an injustice to me as a tax payer that you have not filed any charges to date regarding either of Bernard Bouschor or Fred Paquin’s theft of State, Federal or Tribal property.
If you feel that you cannot prosecute given your position is subordinate to the Sault Tribe Board of Director and ultimately to Bernard Bouschor, I would ask that you request a Special Prosecutor from the U.S. Attorney’s Office.
Also, please be reminded there is no statute of limitations in the Sault Tribe Criminal Code for the aforementioned crimes.
Sincerely,
Aaron A. Payment, MPA
Sault Tribe Citizen and U.S. Tax Payer
CC. Sault Ste. Marie Tribe of Chippewa Indians Board of Directors
The Honorable Jeffery Davis, Assistant U.S. Attorney
The Honorable Lamar Smith, Chair - United States House Committee on the Judiciary
The Honorable Committee Members, United State Senate Indian Affairs Committee
Larry Echohawk, US Department of Interior - Assistant Secretary for Indian Affairs
The Honorable Jeff Davis, Assistant U.S. Attorney
The Honorable Lamar Smith, Chair - United States House Committee on the Judiciary
The Honorable Committee Members, United State Senate Indian Affairs Committee
Larry Echohawk, US Department of Interior - Assistant Secretary for Indian Affairs
January 7, 2011
Mr. Eric Blubaugh, Tribal Prosecutor
Sault Ste. Marie Tribe of Chippewa Indians
523 Ashmun Street
Sault Ste. Marie, MI 49783
Dear Mr. Blubaugh:
Please pay attention to the fact that I have copied this communication to the U.S. Attorney’s Office for the Western District of Michigan as this issue deals with former Sault Tribe Chief of Police Fred Paquin’s theft of hourly wages paid in part under U.S. Department of Justice grants; through the Bureau of Indian Affairs Self Governance funds; and under the Sault Tribe’s Indirect Cost proposal. This letter is also copied to the Sault Tribe Board of Directors, U.S. Congressman Lamar Smith, Chair of the House Judicial Committee; the U.S. Senate Committee on Indian Affairs (no chair has been appointed as of this date to replace retiring Senator Dorgan); and Larry Echohawk, the U.S. Department of Interior Assistant Secretary for Indian Affairs.
I clarify that I am submitting this letter not only as a citizen of my Tribal Nation - the Sault Ste. Marie Tribe of Chippewa Indians, but also as a United States Taxpayer and voting citizen.
I am appalled that the Sault Tribe Board of Directors voted in a hastily called meeting on 12/28/10 (in non-compliance with the Sault Tribe Constitutional five day notice requirement to Tribal Citizens) to grant felon Frederick J. Paquin an employment severance of $18,000! This is shocking to many Sault Tribe Members as Fred Paquin, the former Chief of Police, was convicted of a felony by the United States Attorney’s Office for the Western District of Michigan of conspiracy and theft from the Sault Tribe and by extension - Federal U.S. Department of Justice and BIA Self-Governance funds. His sentence is to begin on January 17, 2011 of one year in a federal penitentiary and restitution of $231,000 which he directly stole and benefitted from personally.
For the record the approval was made with a simple majority vote with Bernard Bouschor (Unit 1), Debra Pine (Unit 1), Cathy Abramson (Unit 1), Joseph Eitrem (Unit 1), Lana Causley (Unit 2), Keith Massaway (Unit 3), and Patrick Rickley (Unit 3) voting in the affirmative with the negative votes coming from: Deidre Malloy (Unit 1), Catherine Hollowell (Unit 2), Tom Miller (Unit 4), Denise Chase (Unit 4), and Joann (Carr) Anderson (Unit 5).
It has been explained to me that the justification for this $18,000 payout for Paquin was due to the fact that he had an employment contract with a waiver of sovereign immunity for enforcement with the stipulation that if terminated for any reason, accrued vacation and sick time are required to be paid to the employee.
Notwithstanding the fact that Paquin was convicted of a felony which the contract contemplates as a breach of the contract voiding the obligation to pay out accrued vacation, I take issue with the misrepresentation that Frederick J. Paquin had $18,000 in accrued and unused vacation pay. A brief explanation following including attached evidence to demonstrate he did not have these hours accrued and was therefore not entitled to the aforementioned payout.
During the August of 21, 2007 meeting of the Sault Tribe Board of Directors held in Newberry, Michigan, a Tribal citizen asked the question of whether or not Fred Paquin, then a Member of the Sault Tribe Board of Directors and Chief of Police for the Tribe was in compliance with the Governmental Team Member Manual by using vacation time when absent from work to attend Greektown Management Board meetings as he was also a Member of this Board (the position of Chief of Police is wholly unrelated to this role). His answer was yes. The following day, I checked with the Human Resources Office and Payroll to determine if this were in fact the case. Upon learning that he had not followed policy to take vacation time while absent as other Members of the Sault Tribe Board who were also employed did, I directed the arrearage be corrected. The total number of hours was 320 amounting to a monetary value of $17,270. All policy and procedures were followed in correcting this act of employee theft. The action to remedy this situation stopped short of termination given the employee held an employment contract that further specified terminable offenses for contract employees not to include employee theft.
Throughout the balance of my authority as the Tribal Chairperson/CEO until July 3, 2008, I continuously stopped Victor Matson, Jr. – Sault Tribe CFO, from attempting to credit these hours back to Paquin. It is interesting to note that during this time period until now, Fred Paquin was arrested and prosecuted for assault of the Tribal Prosecutor’s secretary in one case, and for 16 Federal Criminal Indictments by a Federal Grand Jury related to his eventual conviction of conspiracy to commit fraud against the United States government.
Not currently in a position of authority to determine the answer directly, I have to guess that the $18,000 paid in a severance to Paquin was due to Victor Matson, Jr crediting Paquin’s accrued vacation time for those hours he did not work and did not use vacation time. This act itself, appears to be an act of fraud on Matson’s part as Paquin did not work these hours, did not utilize accrued vacation time but was ultimately nonetheless paid using funds that originated from Federal sources. I can attest that several Members of the Sault Tribe Board of Directors like Vice Chair Lana Causley are well aware that Paquin did not work these hours and did not utilize accrued vacation or sick but that he was nonetheless paid.
Attached is a series of documents that demonstrate Paquin’s theft and my attempt to correct this theft as it was the right thing to do but also to try to insulate the Sault Tribe from Paquin’s criminal actions and to try to restore some integrity in the Sault Tribe’s use of Federal funding.
The documents, all maintained in the Sault Tribe Human Resources Department, include:
Document Explanation
Exhibit # 1 of 6
Memo to HR Director from Aaron Payment, RE: “Vacation Leave Request and Payroll Error Form Arrearages and Correction” directing that Fred Paquin’s accrued vacation hours be corrected due to his failure to record the hours he was away from work. The total arrearage amounts to $17,270 which Fred Paquin stole from the Sault Tribe in the form of wages. This memo cites the proper use and procedure for use of employment vacation time.
Exhibit # 2 of 6
Signed “Leave Request and Approval” form to effectuate the correction of hours to reflect actual hours Fred Paquin did not work but for which he was paid. The total deduction was 320 hours for a dollar value of $17,270 calculated at the hourly rate of Paquin’s employment at the time he was absent from work.
Exhibit # 3 of 6
“Payroll Error Form” to effectuate the aforementioned correction. References attached spreadsheet (Exhibit 4).
Exhibit # 4 of 6
Dates Fred Paquin was absent from work due to attendance at Greektown related meetings. These meetings are entirely unrelated to Paquin’s employment as Police Chief. Policy requires prior written approval which was not obtained. Policy also defines this act as “Unacceptable Conduct” and prescribes disciplinary action up to and including termination (sees policy citations below).
Exhibit # 5 of 6
“Personal Action Form” directing that Paquin’s hours be adjusted for an unwarranted raise of 22% he received on 1/25/04 just one month after receiving the maximum allowable annual raise for 2004 (per policy) of 5% on 12/28/03. This raise was received the day of the 2004 Tribal Chairperson Notice of Election was released by the Tribal Election Committee leaving one to speculate that Fred Paquin and Bernard Bouschor had an arrangement for Paquin to receive the 22% raise (27% for the 2004 Fiscal Year) in exchange for Paquin not contesting Bouschor’s bid for re-election for the 2004 Chairperson race.
Exhibit # 6 of 6
Spreadsheet showing activity of when Paquin received raises including the percentage, the maximum allowable per policy, his hourly rates, and new adjusted annual salary. Paquin was not penalized for the arrearage but correct hourly wage was used to calculate his unwarranted accrued vacation hours.
Sault Ste. Marie Tribe of Chippewa Indians Governmental Team Member Manual Citations:
General Conduct Policy (Section AL1)
Falsification or omission of company records, including but not limited to time records, accounts payable, accounts receivable, employment records, expense reports, inventory, etc.
Failure to adhere to work schedules, or absences without permission; loafing; unauthorized use of time; or use of work time for personal business.
Further, Section AL4-AL7 “Infraction Procedure” provides greater specificity to these aforementioned infractions and provides the disciplinary course of action for these infractions:
Infraction Procedure - 1st Offense - 2nd Offense - 3rd Offense
606.11 Failure to notify office of absence. 3 day disciplinary leave of absence. 1 week disciplinary leave of absence Termination
606.08 Falsification or omission of company records. Termination.
606.09 Stealing or failure to report dishonest acts, whether knowledge of such act or plan is obtained directly or indirectly. Termination and Police Report.
71.806 Theft. (1) (a)(b)(c) from the Tribal Criminal Code
A person commits the offense of theft, if he knowingly obtains or exercises control over anything of value of another without authorization, or by threat or deception, or knowing said thing of value to have been stolen; and he (a) intends to deprive such other person permanently of the use or benefit of the thing of value; or (b) knowingly uses, conceals or abandons the thing of value in such a manner to deprive such other person permanently of its use or benefit; or (c) uses, conceals or abandons the thing of value intending that such use, concealment or abandonment will deprive such other person permanently of its use and benefit;
It is my hope that you take this communication seriously and act in the best interest of the Tribe. I realize your employment is “At Will.” However, as Prosecutor, I believe it is your job to adjudicate violators of the Sault Tribe Criminal Code – no matter who violates it. It is a mystery to me as a Tribal Member and an injustice to me as a tax payer that you have not filed any charges to date regarding either of Bernard Bouschor or Fred Paquin’s theft of State, Federal or Tribal property.
If you feel that you cannot prosecute given your position is subordinate to the Sault Tribe Board of Director and ultimately to Bernard Bouschor, I would ask that you request a Special Prosecutor from the U.S. Attorney’s Office.
Also, please be reminded there is no statute of limitations in the Sault Tribe Criminal Code for the aforementioned crimes.
Sincerely,
Aaron A. Payment, MPA
Sault Tribe Citizen and U.S. Tax Payer
CC. Sault Ste. Marie Tribe of Chippewa Indians Board of Directors
The Honorable Jeffery Davis, Assistant U.S. Attorney
The Honorable Lamar Smith, Chair - United States House Committee on the Judiciary
The Honorable Committee Members, United State Senate Indian Affairs Committee
Larry Echohawk, US Department of Interior - Assistant Secretary for Indian Affairs
Friday, December 31, 2010
Membership Petition to STOP $18,000 Check to Paquin
As a Member, you can help stop this madness, through these steps:
Step 1: Act NOW to VOID the $18,000 check to Paquin!
Please sign, circulate & return the enclosed Referendum Petition by the deadline.
We the Members, have a right to overturn this decision via our Tribal Constitutional Right of Referendum. Join with me in sending a clear message to these seven Board members that we are not going to stand for this corruption.
Deadline: Monday – January 17, 2011. Please have Tribal family Members sign the referendum petition and drop it in the mail by this date to ensure I have time to prepare the petitions for submission by the deadline.
Step 1: Act NOW to VOID the $18,000 check to Paquin!
Please sign, circulate & return the enclosed Referendum Petition by the deadline.
We the Members, have a right to overturn this decision via our Tribal Constitutional Right of Referendum. Join with me in sending a clear message to these seven Board members that we are not going to stand for this corruption.
Deadline: Monday – January 17, 2011. Please have Tribal family Members sign the referendum petition and drop it in the mail by this date to ensure I have time to prepare the petitions for submission by the deadline.
Thursday, December 30, 2010
Dear Sault Tribe Member:
In a shocking vote of 7 to 5 on 12-28-10, Bernard Bouschor led Pine, Massaway, Rickley, Eitrem, Abramson & Lana Causley, in voting to give Paquin, former Chief of Police an un-warranted payout of $18,000 just days before he goes to Federal prison. Though former Police Chief Paquin held one of the so-called “Evergreen Contracts”, it stipulates that if convicted of a felony, the contract is null and void. Indeed, on December 15, 2010 Paquin was convicted and sentenced in Federal Court to a felony of fraud and conspiracy; ordered to serve 1 year in jail beginning January 18th; and ordered to pay restitution in the amount of the $231,000 he stole from our Tribe’s Federal grants. Did these Board Members, feeling sorry for Paquin, cut $18,000 check to help offset his restitution? As a Member, you can help stop this madness, through these steps: Act NOW to VOID the $18,000 check to Paquin! Please sign, circulate & return the enclosed Referendum Petition by the deadline. We the Members, have a right to overturn this decision via our Tribal Constitutional Right of Referendum. Join with me in sending a clear message to these seven Board members that we are not going to stand for this corruption. Please Sign the Enclosed Petition to Remove Bouschor from Office Download here Please sign, circulate & return a Removal Petition to remove Bernard Bouschor. 
During the court battle to recover the $2.66 million absconded by Bouschor and defendants in the 7+1 case, Bouschor and others admitted that he received thousands in campaign contributions in violation of our Tribal Election laws.
Copies of the attached evidence include:
1) sworn testimony from an attorney who attests to giving Bouschor thousands of dollars (the limit is $250 per person); 2) a $1,000 check to pay for illegal campaign literature like the “Pink Postcard”, “Michael Jackson Mailer” and the “Mike and Aaron Suck” mailers. Deadline: There is no deadline, but the sooner the better. Please have Tribal family Members sign the removal petition and drop it in the mail with the enclosed referendum petition. Please consider making a contribution to help defray costs. 
The mailers to gather signatures for the Greek Referendum cost about $800 in postage, advertising, meeting rooms, and Pizzas. Thank you to those who helped to defray these costs. The Tribal Removal code allows for the receipt of donations up to $250 per Tribal Member. Please consider a donation to help defray the costs. All donation amounts will be graciously accepted and legally accounted for. What do you think of the Board's actions? Take my short online, anonymous survey: Click Here for Survey Deadline: Monday – January 17, 2011. Please have Tribal family Members sign the referendum petition and drop it in the mail by this date to ensure I have time to prepare the petitions for submission by the deadline. Respectfully Yours, Aaron Concerned Fellow Tribal Member Address: 1716 Shunk Rd., Sault Ste. Marie, MI 49783 Email: aaronpayment@yahoo.com Blog: http://saulttribeupdates.blogspot.com/ Phone: 906-440-5937
The mailers to gather signatures for the Greek Referendum cost about $800 in postage, advertising, meeting rooms, and Pizzas. Thank you to those who helped to defray these costs. The Tribal Removal code allows for the receipt of donations up to $250 per Tribal Member. Please consider a donation to help defray the costs. All donation amounts will be graciously accepted and legally accounted for. What do you think of the Board's actions? Take my short online, anonymous survey: Click Here for Survey Deadline: Monday – January 17, 2011. Please have Tribal family Members sign the referendum petition and drop it in the mail by this date to ensure I have time to prepare the petitions for submission by the deadline. Respectfully Yours, Aaron Concerned Fellow Tribal Member Address: 1716 Shunk Rd., Sault Ste. Marie, MI 49783 Email: aaronpayment@yahoo.com Blog: http://saulttribeupdates.blogspot.com/ Phone: 906-440-5937Thursday, December 16, 2010
The United States Attorney's Office
Contact:MAARTEN VERMAAT
ASSISTANT U.S. ATTORNEY
PHONE: (616) 456-2404
FORMER CHIEF OF POLICE FOR SAULT TRIBE OF CHIPPEWA INDIANS
SENTENCED AFTER PLEADING GUILTY TO CONSPIRACY TO
DERAUD THE UNITED STATES
WEDNESDAY, December 15, 2010 - MARQUETTE, Mich. – Frederick James Paquin, age 53, of St. Ignace, Michigan, and the former Chief of Police for the Sault Tribe of Chippewa Indians, was sentenced to 12 months’ and one day imprisonment to be followed by 2 years of supervised release, and ordered to pay $231,785.03 in restitution to the United States of America, U.S. Attorney Donald A. Davis announced today. On July 23, 2010, Paquin had pled guilty to conspiracy to defraud the United States by dishonest means.
The significant sentence handed down today stems from Paquin’s misuse of federal grant funds awarded to the Sault Tribe Police Department between 2002 and 2008. Paquin served as the Sault Tribe Chief of Police from 2007 until October 2008. The federal grants were awarded under the U.S. Department of Justice’s Tribal Resources Grant Program (TRGP) which is administered by the U.S. Department of Justice’s Office of Community Oriented Policing Services (hereinafter “the COPS Office”). Grants awarded to the Sault Tribe Police Department under the TRGP were intended to help the Sault Tribe address their most serious unmet financial needs for law enforcement. Paquin unlawfully violated the terms of the federal grants in various ways.
One way of violating the terms of the grants and thwarting their intended purpose was
by obtaining false and fictitious purchase invoices to divert grant funds to accounts held by various vendors with which the Tribal Police Department did business. In short, Defendant created records of purchases that didn’t actually take place. In turn, the Tribe’s Purchasing Department reviewed the paper records of the supposed purchases and then unwittingly paid the vendors for items that were not actually purchased by the Tribal Police Department, thereby creating a credit in the Tribal Police Department’s account to the vendors. Once the grant funds were diverted as credits into these vendor accounts, they were no longer subject to oversight by the Tribal Purchasing Department or the COPS Office. As a result, Defendant could and did use these credits (actually federal taxpayer dollars) in any way he saw fit, without any oversight and in complete violation of the grant terms. In essence, Defendant created a way to funnel federal taxpayer dollars into “slush funds” that only he knew about and controlled.
Defendant used a substantial portion of these illegally obtained and concealed credits to enhance his own status within the Tribe. For example, he used grant funds to purchase an ATV that was to be used for a charitable raffle, but told people that he purchased the ATV with his own money. He also publicly asked vendors to make “donations” to the Tribe’s Junior Police Academy, but authorized them to take money from the Tribal Police Department’s account, which contained diverted grant funds, to make these donations. Defendant also personally and directly benefitted from the grant diversion scheme, such as when he used credits at one vendor to help finance his son in law’s lease of a vehicle or when he used credits to purchase sporting items for his personal use.
Defendant also cheated the TRGP program in other ways. For example, he purchased
items with grant funds that on their face appeared to be for the use of Sault Tribe Police Department but were in fact given away to other organizations in direct violation of the grant terms. Examples include: (1) Motorola radios given to Tribal casinos, (2) Glock handguns given to the Manistique Police Department, (3) defibrillators provided to Tribal casinos and a health club, (4) uniforms given to Tribal casino security officers, and (5) various other items such as flashlights and cameras that were given to other police departments.
As both Tribal Chief of Police and Tribal Board member, Paquin exercised unchecked power within the Tribe and operated the Police Department as his own private fiefdom. Paquin increased his own personal esteem within the Tribe and the broader law enforcement community by illegally dispensing items purchased with grant funds as if they were his own property. He continually resisted all attempts at oversight by Tribal Accounting, and all but prevented the FBI from investigating crimes on Tribal lands. As a result of these illegal activities Paquin was able to divert and wrongfully use grant funds in excess of $300,000.
In addition to the grant fraud set forth above, Paquin also defrauded the Sault Tribe
directly by maintaining his daughter as a full time employee of the Tribe Police Department for almost a year despite the fact that she had left her employment with the Tribe to become a full time student teacher. The ghost employee fraud cost the tribe approximately $43,000 in unearned wages paid to Paquin’s daughter.
In open court Paquin admitted to the full range of his criminal conduct including diverting $242,000 in federal grant funds and having his daughter receive a full time salary when she was not performing work for the Tribe. Paquin went on to apologize to the Tribe, the U.S. Attorney’s Office, the Court and his family for his criminal conduct.
U.S. Attorney Davis stated: “The respect and confidence that tribal members place in their tribal institutions is dependant upon receiving honest and faithful services from their tribal officials. This office will aggressively pursue and prosecute tribal officials who violate their solemn oath and duties.” Elise Chawaga, Special Agent in Charge for the Office of the Inspector General, Fraud Detection Office, said “the Office of the Inspector General is committed to holding accountable, public officials who betray the trust placed in them by using for personal gain Department of Justice grant funds that were intended to benefit the public.” FBI Special Agent in Charge Andrew G. Arena noted that “these charges are examples of corrupt government officials who have abused their positions for personal gain.” He added that “public corruption is a top criminal priority of the FBI and will not be tolerated. This investigation demonstrates the FBI’s commitment to investigating public corruption on every level and bringing those who betray the public’s trust to justice.”
This case was investigated by the Bureau of Indian Affairs, the Federal Bureau of Investigation, and the U.S. Department of Justice’s Office of the Inspector General, Fraud Detection Office. The case was prosecuted by Assistant U.S. Attorney Maarten Vermaat.
The United States Attorney's Office Link here
END
See what the news is saying about Paquin’s conviction (just click):
U.S. Attorney’s Office:
Marquette Mining Journal:
Escanaba Daily Press:
Indianz.com:
WNMU News:
Easy Rock 100.5:
Bikernews.net:
Detroit Free Press:
Monday, December 13, 2010
Sentencing reports on Fred Paquin
Government's Sentencing Memorandum
Download PDF file here
Paquins sentencing memorandum
Submitted by Paquin's Attorney, here.
Director Causley, insists that Paquin go back to work immediately...
Download PDF file here
Paquins sentencing memorandum
Submitted by Paquin's Attorney, here.
Director Causley, insists that Paquin go back to work immediately...
Thursday, December 9, 2010
WE EXCEEDED OUR GOAL!
Success! We received 339 signatures when only 100 are needed to put this issue [whether or not to do business with the former Greek partner] to a referendum vote of the Sault Tribe Members.
The survey results below suggest some Board Members need to wake up or face being outsted in the next election. A whopping 99% of the respondents [out of over 700] have said they would not re-elect someone who voted for this deal.
RESULTS SO FAR... ADD YOUR VOICE!
Click here to take the survey.
Those Tribal Board Members who voted for this who are up for re-election in 2012 include: Bernard Bouschor, Lana Causley, Pat Rickley, Joe Eitrem and Joe McCoy.
The survey results below suggest some Board Members need to wake up or face being outsted in the next election. A whopping 99% of the respondents [out of over 700] have said they would not re-elect someone who voted for this deal.
RESULTS SO FAR... ADD YOUR VOICE!
Click here to take the survey.
Those Tribal Board Members who voted for this who are up for re-election in 2012 include: Bernard Bouschor, Lana Causley, Pat Rickley, Joe Eitrem and Joe McCoy.
To see a brief power point show, click here. and for the survey slides click here.
Monday, November 22, 2010
RIGHT OF REFERENDUM!
No money down!TRIBAL MEMBERS UNITE - EXERCISE YOUR CONSTITUTIONAL
Whether you support a Romulus Casino or not, giving away 26% ownership is just plain stupid! Per the 1988 Indian Gaming Regulatory Act and the 1997 Land Claims Settlement Act, the Sault Tribe has a theoretical opportunity to open a casino in Romulus. Instead of the current deal, however, the Sault Tribe should be able to command that any developer put up the development and construction costs, and be rewarded with no more than 10% for five years only.
A Referendum Petition (( DOWNLOAD HERE ))
Deadline: We have 30 days from enactment on November 9th which puts our deadline to receive signed petitions by say December 6th in order to process the petitions for submittal.
Wednesday, July 28, 2010
SAULT TRIBE BOARD VOTES UANIMOUSLY TO HOLD DEBRA ANN PINE IN CONFLICT!
7+1 $2.66 MILLION DOLLAR LAWSUIT PROCEEDS
Greetings!
With Judge Charles Johnson's request to hold a mitigation session today, the Sault Tribe Board of Directors held an official Special Meeting of the Tribe at the Ojibway Ramada Inn in Sault Ste. Marie, Michigan. The meeting was opened at 9am and concluded by around 4pm. The result?
NO DEAL!
Just as we requested, Tribal Members like you inundated the Tribal Board with input to allow the case to go to Trial. Though half of the Board like Causley, McCoy, and the Bouschor coterie were scared to try to push for a settlement, the others (possibly over half of the 13 Member Board) respected the will of the people to hold these thieves accountable for their actions in stealing nearly $3 million from each and every Elder, man, woman, and child of our Tribe.
Upon opening the meeting, a motion was made by Denise Chase (Unit 4) and seconded by Catherine Hollowell (Unit 2) to conflict out Debra Ann Pine given her mother is listed as a defendant in the case. Recall that Pine's mother and Bouschor's first cousin, Jolene Nertoli stole over $400,000 from the Tribe. The vote was unanimous.
For the record, the Pine family is a good, honest, family and they are my close cousins. Like me, they do not support Debra Ann's strident efforts to defend her mother's actions to steal from her own people.
CHAIRMAN McCOY & VICE CHAIR ATTEMPT TO INDIMIDATE TRIBAL ELDER CHUCK FORGRAVE.
Read for yourself, in his own words [edited for brevity], the confrontation from McCoy and Causley to Tribal Elder Chuck Forgrave. For those of you who do not know, Chuck has long been a Sault Tribe Political Pundit. He is a Tribal Member and has no personal stake in Sault Tribe politics other than as a voting Tribal Member who wishes to bring some integrity into Sault Tribe governance.
Shame on McCoy and Causley for trying to intimidate an Elder. I am extremely proud of Chuck for standing up to these goons. Please take a moment and send chuck and email to show your support.
Chuck's email is: cforgraveus@yahoo.com
'Sault Ste. Marie, Mi...While visiting briefly with Chairman McCoy this afternoon in the lobby of the Ojibway Hotel, HE ATTACKED ME for writing all kinds of stuff about him.
He asked me where I got my information from anyway, cussing and swearing while doing it.
He asked me why I didn't call him if I wanted to talk to him. I asked him if he got my invite to be interviewed, he said no. I explained that it went to the tribe's website as well as his home, and that both emails had gone through. I asked him if he read my emails, he said no. He heard about them from others, he said. I told him he should read them and call me if he has a problem with anything I say. I asked him to give me specific example of where I said something that wasn't the simply truth, and he didn't do it.
Vice Chair Causley came up to me and put her hand out and introduced herself. She said she didn't like the things I wrote about her and asked me why I said the things about her that I did when I didn't even know her. Then she turned and walked off, ignoring my requests for her to come back and talk. She left me with the impression that I had just talked to someone who was acting. Lana Causley and I have known one another for years. Her daughter and mine hung out together.
Oh well, talk about fun. Is there any hope, given the characters that we citizens have representing us. Sometimes, I don't think there is.
Thank you, Charles Forgrave'
Today the news was good! Thanks again for caring enough about your Tribe to stay informed even when the news is not good.
Aaron A Payment
Possible Candidate for 2012
Greetings!
With Judge Charles Johnson's request to hold a mitigation session today, the Sault Tribe Board of Directors held an official Special Meeting of the Tribe at the Ojibway Ramada Inn in Sault Ste. Marie, Michigan. The meeting was opened at 9am and concluded by around 4pm. The result?
NO DEAL!
Just as we requested, Tribal Members like you inundated the Tribal Board with input to allow the case to go to Trial. Though half of the Board like Causley, McCoy, and the Bouschor coterie were scared to try to push for a settlement, the others (possibly over half of the 13 Member Board) respected the will of the people to hold these thieves accountable for their actions in stealing nearly $3 million from each and every Elder, man, woman, and child of our Tribe.
Upon opening the meeting, a motion was made by Denise Chase (Unit 4) and seconded by Catherine Hollowell (Unit 2) to conflict out Debra Ann Pine given her mother is listed as a defendant in the case. Recall that Pine's mother and Bouschor's first cousin, Jolene Nertoli stole over $400,000 from the Tribe. The vote was unanimous.
For the record, the Pine family is a good, honest, family and they are my close cousins. Like me, they do not support Debra Ann's strident efforts to defend her mother's actions to steal from her own people.
CHAIRMAN McCOY & VICE CHAIR ATTEMPT TO INDIMIDATE TRIBAL ELDER CHUCK FORGRAVE.
Read for yourself, in his own words [edited for brevity], the confrontation from McCoy and Causley to Tribal Elder Chuck Forgrave. For those of you who do not know, Chuck has long been a Sault Tribe Political Pundit. He is a Tribal Member and has no personal stake in Sault Tribe politics other than as a voting Tribal Member who wishes to bring some integrity into Sault Tribe governance.
Shame on McCoy and Causley for trying to intimidate an Elder. I am extremely proud of Chuck for standing up to these goons. Please take a moment and send chuck and email to show your support.
Chuck's email is: cforgraveus@yahoo.com
'Sault Ste. Marie, Mi...While visiting briefly with Chairman McCoy this afternoon in the lobby of the Ojibway Hotel, HE ATTACKED ME for writing all kinds of stuff about him.
He asked me where I got my information from anyway, cussing and swearing while doing it.
He asked me why I didn't call him if I wanted to talk to him. I asked him if he got my invite to be interviewed, he said no. I explained that it went to the tribe's website as well as his home, and that both emails had gone through. I asked him if he read my emails, he said no. He heard about them from others, he said. I told him he should read them and call me if he has a problem with anything I say. I asked him to give me specific example of where I said something that wasn't the simply truth, and he didn't do it.
Vice Chair Causley came up to me and put her hand out and introduced herself. She said she didn't like the things I wrote about her and asked me why I said the things about her that I did when I didn't even know her. Then she turned and walked off, ignoring my requests for her to come back and talk. She left me with the impression that I had just talked to someone who was acting. Lana Causley and I have known one another for years. Her daughter and mine hung out together.
Oh well, talk about fun. Is there any hope, given the characters that we citizens have representing us. Sometimes, I don't think there is.
Thank you, Charles Forgrave'
Today the news was good! Thanks again for caring enough about your Tribe to stay informed even when the news is not good.
Aaron A Payment
Possible Candidate for 2012
Saturday, May 15, 2010
Sault Tribe Board about to Drop $2,660,000 Case
Greetings!
On Tuesday - May 18, 2010 the Sault Tribe Board will hold a secret closed door meeting to discuss settling with Bouschor letting him off the hook for the $2,600,000 he stole from each and every member of our Tribe. Where's the meeting? At the Ojibway hotel in the Sault. Was this done to limit the number of Members who can attend? Why is there a settlement conference happening at all? This already happened in 2007. We have all but won the case with positive legal rulings at the lower court, appellate court, and MI Supreme Court levels. With how close we are to winning, only a corrupt Board can mess it up now.
With a legal opinion obtained by the Tribe that proves that Bouschor was not eligible to run in 2008, the Board is unwilling to do anything about it. They argue that they are listening to the voters. Well what about the 74% across all voting units who said no to Bouschor. The Tribal Constitution stipulates that referendums are final and binding. What part of that doesn't the Board understand?
In the 2010 Tribal elections there are several candidates who are working directly with Bouschor to increase the number of Board members who will vote to throw out the $2.66 million litigation. Those candidates are commonly believe to be:
Denny McKelvie -DJ Hoffman -Debbie Pine -Lisa Burnside -Shirley Petoskey
Can you really risk voting for any of the above and have them vote to erase Bouschor's $2.66 liability? Can we afford to find out? Debbie Pine is Jolene Nertoli's daughter. Remember - Jolene stole $455,000 from every man, woman, child, and elder of this Tribe. Her ancestors would be ashamed! Did Debbie shelter this money by laundering it into her husband's animal clinic or bar in Brimely. Debbie claims to be holier than thou but serves alcohol to Tribal members she calls drunks!
Call a Tribal Board Member to insist they stand our ground! Protect our future. Draw the line in the sand. If the thieves who stole your money are let off the hook, what's to stop someone else from doing the same. Let's send a clear message and hold accountable those who would steal from their own people.
Board Cell # Home #
Unit 1------------------------------------------------------------------------
Dennis 440-3932 632-7267
Cathy 440-7613 635-3054
Joe 440-5728 632-8567
DJ Hoffman 322-3801
Unit 2------------------------------------------------------------
Lana 440-5726 484-2954
Bob L. 440-7741 493-5311
Unit 3------------------------------------------------------------
Keith Massaway 643-6981
Pat Rickley ?
Unit 4------------------------------------------------------------
Denise Chase 440-7647 341-6783
Tom Miller 440-5737 644-2527
Unit 5------------------------------------------------------------
Shirley Petoskey 322-3803 387-2101
Aaron A. Payment, MPA
Fellow Tribal Member
On Tuesday - May 18, 2010 the Sault Tribe Board will hold a secret closed door meeting to discuss settling with Bouschor letting him off the hook for the $2,600,000 he stole from each and every member of our Tribe. Where's the meeting? At the Ojibway hotel in the Sault. Was this done to limit the number of Members who can attend? Why is there a settlement conference happening at all? This already happened in 2007. We have all but won the case with positive legal rulings at the lower court, appellate court, and MI Supreme Court levels. With how close we are to winning, only a corrupt Board can mess it up now.
With a legal opinion obtained by the Tribe that proves that Bouschor was not eligible to run in 2008, the Board is unwilling to do anything about it. They argue that they are listening to the voters. Well what about the 74% across all voting units who said no to Bouschor. The Tribal Constitution stipulates that referendums are final and binding. What part of that doesn't the Board understand?
In the 2010 Tribal elections there are several candidates who are working directly with Bouschor to increase the number of Board members who will vote to throw out the $2.66 million litigation. Those candidates are commonly believe to be:
Denny McKelvie -DJ Hoffman -Debbie Pine -Lisa Burnside -Shirley Petoskey
Can you really risk voting for any of the above and have them vote to erase Bouschor's $2.66 liability? Can we afford to find out? Debbie Pine is Jolene Nertoli's daughter. Remember - Jolene stole $455,000 from every man, woman, child, and elder of this Tribe. Her ancestors would be ashamed! Did Debbie shelter this money by laundering it into her husband's animal clinic or bar in Brimely. Debbie claims to be holier than thou but serves alcohol to Tribal members she calls drunks!
Call a Tribal Board Member to insist they stand our ground! Protect our future. Draw the line in the sand. If the thieves who stole your money are let off the hook, what's to stop someone else from doing the same. Let's send a clear message and hold accountable those who would steal from their own people.
Board Cell # Home #
Unit 1------------------------------------------------------------------------
Dennis 440-3932 632-7267
Cathy 440-7613 635-3054
Joe 440-5728 632-8567
DJ Hoffman 322-3801
Unit 2------------------------------------------------------------
Lana 440-5726 484-2954
Bob L. 440-7741 493-5311
Unit 3------------------------------------------------------------
Keith Massaway 643-6981
Pat Rickley ?
Unit 4------------------------------------------------------------
Denise Chase 440-7647 341-6783
Tom Miller 440-5737 644-2527
Unit 5------------------------------------------------------------
Shirley Petoskey 322-3803 387-2101
Aaron A. Payment, MPA
Fellow Tribal Member
Wednesday, February 24, 2010
Results of Sault Tribe Membership Poll:
Tuesday, February 9, 2010
REFERENDUM PETITION DRIVE: 2010-33
REFERENDUM PETITION DRIVE: 2010-33
[petition attached for you to sign and return - see instructions below]
To add your name to the attached petition which will afford you the Sault Tribe Member Constitutional right to vote to approve or disapprove of the Board actions to raise the top paid employees: Just print out the attached form, sign your name, print your name, and write in your address in the section under 'Signatures of Eligible Voters.' Do not write above this section. Then mail this petition to me at: Aaron A. Payment, 1716 Shunk Road, Sault Ste. Marie, MI 49783).
HERE IS THE ISSUE: On Tuesday - February 2, 2010, with a majority of the Board voting, the Board passed resolution 2010-33 to give pay adjustments to a select group of people for a total cost of $700,000!
At a time when:
* Most lower level staff in the Tribe have not received a pay increase since Chairperson Payment left office;
* Our Elders received a pay cut on their annual dividend of nearly 66% or $1,000;
* Sault Tribe college student scholarships were slashed from 800 a year to just 200;
* The Membership funeral assistance was cut for all but the very low income and reduced by 33%;
* The Tribal Board pay has remained the same while the Tribal Board meetings have been cut in 1/2....
....it seems extravagant to increase the pay of those who are already the highest pay and wealthiest employees of the Sault Tribe. The vast majority of these folks are non-Tribal people.
CAPITALISM AND FAIR MARKET VALUE?
Don't confuse this issue with increasing the wealthiest of Sault Tribe employees with anti-capitalism. You have to pay folks what they are worth and what the market will bear. The higher-ups in the medical staff within Sault Tribe employment, however,
* Do not work the hours that outside doctors do (30 versus 60 hours a week);
* They do not deal with emergent care situations;
* They do not have hospital privileges for continuity of care during hospitalizations;,
* They are usually working off students loans from the federal government that require that they work for a tribe;
* They are allowed time during the work day to do charts and during this time, are not seeing patients.
The truth of the matter is that several of the medical staff have been complaining for years that they are not paid well enough and have threatened to leave to work elsewhere. The reality is that if they were worth the extra pay, they should take outside jobs so we could then recruit and hire Sault Tribe members who have earned medical degrees but continually get passed over for jobs. One Sault Tribe Member doctor, left employment as her pay level continuously lagged behind that of non-Natives at our clinics. Currently, I do not know of any Sault Tribe members who work as doctors in our clinics.
CHRONOLOGY OF THIS ISSUE:
1996 - Upon first elected to the Sault Tribe Board, Unit 1 Board Member Payment noticed some serious irregularities in the way Sault Tribe employees received raises. Where the casino manager's three sons all received greater than 20% raises, most employees received an average raise of 3.5%. Two of these individuals sit on the Tribal Election Committee and are Director Cathy Abramson's nephews and Director Hoffman's first cousins;
1997 - Unit 1 Board Member Payment, proposed an overhaul in how wage and salary policy was conducted to ensure that employees received at least a minimum raise to keep pace with the cost of living while setting a maximum raise of 5% for the top employees, if the maximum was set at 5% for the lowest paid employees;
1998 - Bouschor commissions and outside study by Arthur Anderson (remember them with the corruption scandals with Enron?). It was no surprise that the results told Bouschor what he wanted to hear - "Pay the top people, including himself, even more."
2000 - Bouschor then commissions a second study by BGI Inc. to do another study to try to boost the top paid folks even more. They came back with a set of recommendations which held the top pay at bay, while recommending the lower paid staff be increased. Instead of raising the lower paid folks, Bouschor set an average raise amount for budgeting purposes and put a performance based system in place;
2003 - Vice Chairperson Payment introduces a resolution to redistribute the budgeted pay amounts for the top paid employees to increase the percent increase for the lowest paid employees. Bouschor fights this as many of his campaign supporters and immediately family are the highest paid employees in the Tribe - including himself at $245,000 for Chairperson/CEO then at $800,000 as COO of Greektown Casino;
2004 - Before leaving office and stealing $2.66 million to pay 7 of his closest friends, Bouschor also adjusted a select group of employees to receive huge increases including several who were paid out severances. No market study was done and no justification provided. Did he do this to fraudulently increase the annual raises of those he then gave unwarranted severances to in order to ensure they received a greater payout? At Chairperson Payment's suggestion, those individuals who received unjustified adjustments were put back to their old pay level which saved the Tribe $300,000 annually;
2004 - The Payment administration establishes a Wage and Salary committee comprised of a variety of employees including lower level wage earners. The committee recommends to the board to adopt a 'decremental' pay increase system whereby the lowest paid employees received 7% increases the first year, while the highest paid received 1% and the middle employees received between a 6% to a 2% raise as their annual income went up. This proposal was self contained and did not cost more money than what was already budgeted;
2006 - After much complaining by the highest paid and wealthiest paid employees in the Tribe, the Tribal Board caved and granted larger increases for the top paid employees at the expense of the lower paid employees. Thus, those over $100,000 received 2% raises so the lower paid employees were dropped back down to 5% raises;
2009 - After the current Tribal Administration took over, the lowest paid employees report that they have not received increases at all while Bernard Bouschor publishes an article in the Sault Tribe News that announces big raises were coming for the higher paid medical staff.
2010 - A majority of the Board votes to give the highest paid employees a huge raise in the amount of tens of thousands of dollars. The total costs? $700! Reports indicate that the Medical Director was raised from $150,000 annually to $180,000. The dentist rose from $140,000 to $160,000!
Sunday, February 7, 2010
Sault Tribe Member Poll:
{CLICK HERE} to open an Adobe Acrobat file, It shows the results from an on-line poll of Sault Tribe Members. The results are based on 300 responses. Note: The sample was not randomly drawn and is not representative of the total population.
If you would like to complete the survey (CLICK HERE)
If you would like to complete the survey (CLICK HERE)
Tuesday, February 2, 2010
Proposal to save 400,00.00 and create greater tribal board accountably, to be presented
After several months of planning and careful deliberations, a proposal reviewed by elders from ALL 5 units (Sault, St. Ignace, Hessel, Naubinway, Newberry, Manistique, Escanaba, Marquette and Munising) will be presented at the tribal board meeting on Tuesday night (2-2-2010) to do the following:
1) Cut the Board and Chairperson pay from $67,000 and $100,000 to $30,000 and $50,000 - this will save the Tribe $410,000 immediately;
2) Set Term Limits to 2 X 4 year terms;
3) Set a Dress Code for the Board;
4) Establish a Tribal Board job description;
5) Require the Board to comply with Sault Tribe Constitution for writing Unit Reports monthly;
6) Doc the Board pay for meetings they miss;
7) Require the board have a miniminal level of understanding of their job so they can answer questions when asked;
8) Eliminate Board retirement and replace with option for Board to pay into a 401K
As always, for the latest in the Sault Tribe Updates, click on the attached link…
CHECK BACK HERE TO SEE THE OUTCOME.
Also, I am now on Facebook. Look me up.
Thanks.
1) Cut the Board and Chairperson pay from $67,000 and $100,000 to $30,000 and $50,000 - this will save the Tribe $410,000 immediately;
2) Set Term Limits to 2 X 4 year terms;
3) Set a Dress Code for the Board;
4) Establish a Tribal Board job description;
5) Require the Board to comply with Sault Tribe Constitution for writing Unit Reports monthly;
6) Doc the Board pay for meetings they miss;
7) Require the board have a miniminal level of understanding of their job so they can answer questions when asked;
8) Eliminate Board retirement and replace with option for Board to pay into a 401K
As always, for the latest in the Sault Tribe Updates, click on the attached link…
CHECK BACK HERE TO SEE THE OUTCOME.
Also, I am now on Facebook. Look me up.
Thanks.
Escrow Bouschor’s Pay NOW!
If you would like to access the Evening News front page article today reporting on the MI Supreme Court judgment against Bouschor, click on the following link … CLICK HERE
With the Court reinstating the malpractice complaint, it is possible that we may qualify for up to 3 times the amount Bouschor stole. That’s nearly $ 8 million! The court also found that Bouschor did not have ‘Executive Immunity’ which creates a direct line of liability for Bouschor.
What do you think? Post your comments in response to this post or post a comment on the Evening News site.
At least a few Tribal Board members (DJ Hoffman, Cathy Abramson) do not support continuing the litigation to recover the Tribe’s money. Dennis McKelvie and Lana Causley have both suggested we are wasting our money in this suit. Your input is important and critical at this juncture. Sound off.
Escrow Bouschor’s Pay NOW! Given the Tribe is most likely going to be in a position of collections from Bouschor, shouldn’t the Board escrow his Board pay immediately so when we win the case, we’ll at least recover that amount? Let me know what you think.
With the Court reinstating the malpractice complaint, it is possible that we may qualify for up to 3 times the amount Bouschor stole. That’s nearly $ 8 million! The court also found that Bouschor did not have ‘Executive Immunity’ which creates a direct line of liability for Bouschor.
What do you think? Post your comments in response to this post or post a comment on the Evening News site.
At least a few Tribal Board members (DJ Hoffman, Cathy Abramson) do not support continuing the litigation to recover the Tribe’s money. Dennis McKelvie and Lana Causley have both suggested we are wasting our money in this suit. Your input is important and critical at this juncture. Sound off.
Escrow Bouschor’s Pay NOW! Given the Tribe is most likely going to be in a position of collections from Bouschor, shouldn’t the Board escrow his Board pay immediately so when we win the case, we’ll at least recover that amount? Let me know what you think.
Thursday, January 28, 2010
Outstanding News for the Sault Tribe Membership!
Download Printable version here:
Dear Fellow Tribal Members:
Great News! We have all but won our case against Bouschor and others who took $2.66 million dollars from us in 2004. Please see the information below and attached to see how close we are to not only recovering the money they took but also potentially up to nearly $ 8 million and legal fees! With the favorable judgment for the Tribe (below and attached), Bouschor will likely also be found to have committed an act of theft or dishonesty in the eyes of the Michigan Gaming Control Board, and will therefore be denied a MI Gaming License. When this happens, according to our own Tribal statues, he will be automatically removed from the Sault Tribe Board. No Tribal Board vote is necessary. (download Supreme court ruling here)
When we receive the final judgment in this case, I propose that we lower the Board and Chairperson salaries to half of the current amount to save another $400,000 and use this windfall, to:
* Replenish the Elder Fund to reinstate the $1,600 per Elder amount I originally proposed and gained approval for in 2003;
* Increase the number of Tribal college student scholarships from 200 back up to 800 per year when I was Chairperson;
* Use the balance to tighten our finances and look for ways to benefit middle class Tribal Members who usually get left behind.
Given I have a large email database, it cost about $225 each time I send out a mass email to Tribal Members. If you would like to help with these costs, please send me an email with the subject: DONATE, and I will respond with information about how to do so. Remember, this is not an election expense so your name does not have be reported as an election expense. You do not have to donate to continue to receive updates but every little bit helps.
Also, as I realize no one wants to be inaundated with email messages, I will only use this medium sparingly. If you would like more frequent information, please feel free to visit my web by clicking on the following.
I will be updating information as I hear things. There are a few big cases in front of us and the Greektown bankruptcy proceeding that will determine our future for years to come. Thank you for being interested enough to receive these updates or to visit my blogspot for information.
With Respect and Warm Regards,
Aaron A. Payment, MPA
Former Chairperson and Tribal Board Member
------------------------------------------------------------
Board refuses to terminate Fred Paquin even after an arrest, arraignment and 16 federal criminal indictments.
A Tribal Member asked the Tribal Board at the January 26th meeting of the Tribal Board of Directors what Fred Paquin's employment status was now that he has been arrested and arraigned on 16 federal criminal indictments. The Board's response was that:
Paquin continues to be employed and is only on suspension!
Last fall, the Board voted to eliminate the Tribal evergreen employment contracts as they are considered invalid due to a court ruling. Nonetheless, though the Tribal Board voted to repeal the termination appeals policy in July of 2008 and allow the current administration to fire over 150 employments (90% being Tribal members) they will still not act to terminate Fred Paquin after criminal arrests and prosecutions by the MI Attorney General, the BIA, FBI and currently the U.S. Attorney's office. Members deserve to know why!
------------------------------------------------------------
Download printable version here:
Media Release for Immediate Release
January 29, 2010
MI Supreme Court Rules in Favor of Plaintiff – Sault Ste. Marie Tribe of Chippewa Indians
In case of Sault Ste. Marie Tribe of Chippewa Indians v.
Bernard Bouschor; and Miller Canfield, Paddock and Stone, P.L.C.; Daniel T. Green; Paul W. Shagen; Joseph M. Paczkowski; David E. Scott; Jolene M. Nertoli; James M. Jannetta; Daniel J. Weaver, jointly and severally
C/A CASE NO.: 276712 – L/C CASE NO.: 04-7606-CC
Lansing, MI – Today, the Michigan Supreme Court ruled in favor of the Sault Ste. Marie Tribe of Chippewa Indians in the so-called 7+1+1 case which was originally filed in Chippewa County (50th Circuit Court) but presented to Judge Charles Johnson, 57th Circuit Court, in Emmet County as visiting judge when Judge Lambros recused himself. At the lower court level, Judge Johnson ruled back in 2007, that the defendants were not terminated, that Bouschor did not have the authority to grant severances (in the amount exceeding $2.66 million), and that contrary to Bouschor’s claim, Bouschor did not hold ‘executive immunity’ a status typically held for State Governors or the President of the United States. This latter filing by Bouschor is what qualified the defendants for an automatic appeal in the Michigan Court of Appeals and has delayed the case since the initially filing in 2004. At that level, the MI Court of Appeals threw out the legal malpractice and conspiracy claim. The MI Supreme Court’s ruling today reinstates the Sault Tribe’s complaint with regard to malpractice and may qualify the Sault Tribe for injunctive relief to recover not only the amount Bouschor and defendants conspired to take on election night of 2004, but also ‘treble damages’ which is up to three times the amount. Given the Tribe filed jointly and severally, once a final judgment is granted (possibly via a summary disposition given there now appear to be no facts in dispute) there may not even be a need to go to trial at the district court level. Judge Johnson could, instead, rule in the Tribe’s favor and award damages and legal fees. In the Supreme Court’s ruling, the justices ruled that Bernard Bouschor did not have executive immunity and as such, reinforced Judge Johnson’s earlier ruling that Bouschor is individually liable in this case. If Judge Johnson does not grant a summary disposition judgment, the case will go to trial in the 50th Circuit Court with Judge Johnson presiding as visiting judge. In a prepared statement, former Chairperson Aaron Payment said,
“With all of the legal wrangling by Bouschor and the defendants over the last 5 ½ years, it is no wonder tribal members are dispirited. The rulings by the MI Supreme Court and the prosecution of Paquin give tribal members hope that the rule of law will prevail and justice will be served. Those who would steal from their own people, need to be held accountable. Maybe 2010 will be the year of tribal justice.
DOWNLOAD SUPREME COURT RULING HERE
Dear Fellow Tribal Members:
Great News! We have all but won our case against Bouschor and others who took $2.66 million dollars from us in 2004. Please see the information below and attached to see how close we are to not only recovering the money they took but also potentially up to nearly $ 8 million and legal fees! With the favorable judgment for the Tribe (below and attached), Bouschor will likely also be found to have committed an act of theft or dishonesty in the eyes of the Michigan Gaming Control Board, and will therefore be denied a MI Gaming License. When this happens, according to our own Tribal statues, he will be automatically removed from the Sault Tribe Board. No Tribal Board vote is necessary. (download Supreme court ruling here)
When we receive the final judgment in this case, I propose that we lower the Board and Chairperson salaries to half of the current amount to save another $400,000 and use this windfall, to:
* Replenish the Elder Fund to reinstate the $1,600 per Elder amount I originally proposed and gained approval for in 2003;
* Increase the number of Tribal college student scholarships from 200 back up to 800 per year when I was Chairperson;
* Use the balance to tighten our finances and look for ways to benefit middle class Tribal Members who usually get left behind.
Given I have a large email database, it cost about $225 each time I send out a mass email to Tribal Members. If you would like to help with these costs, please send me an email with the subject: DONATE, and I will respond with information about how to do so. Remember, this is not an election expense so your name does not have be reported as an election expense. You do not have to donate to continue to receive updates but every little bit helps.
Also, as I realize no one wants to be inaundated with email messages, I will only use this medium sparingly. If you would like more frequent information, please feel free to visit my web by clicking on the following.
I will be updating information as I hear things. There are a few big cases in front of us and the Greektown bankruptcy proceeding that will determine our future for years to come. Thank you for being interested enough to receive these updates or to visit my blogspot for information.
With Respect and Warm Regards,
Aaron A. Payment, MPA
Former Chairperson and Tribal Board Member
------------------------------------------------------------
Board refuses to terminate Fred Paquin even after an arrest, arraignment and 16 federal criminal indictments.
A Tribal Member asked the Tribal Board at the January 26th meeting of the Tribal Board of Directors what Fred Paquin's employment status was now that he has been arrested and arraigned on 16 federal criminal indictments. The Board's response was that:
Paquin continues to be employed and is only on suspension!
Last fall, the Board voted to eliminate the Tribal evergreen employment contracts as they are considered invalid due to a court ruling. Nonetheless, though the Tribal Board voted to repeal the termination appeals policy in July of 2008 and allow the current administration to fire over 150 employments (90% being Tribal members) they will still not act to terminate Fred Paquin after criminal arrests and prosecutions by the MI Attorney General, the BIA, FBI and currently the U.S. Attorney's office. Members deserve to know why!
------------------------------------------------------------
Download printable version here:
Media Release for Immediate Release
January 29, 2010
MI Supreme Court Rules in Favor of Plaintiff – Sault Ste. Marie Tribe of Chippewa Indians
In case of Sault Ste. Marie Tribe of Chippewa Indians v.
Bernard Bouschor; and Miller Canfield, Paddock and Stone, P.L.C.; Daniel T. Green; Paul W. Shagen; Joseph M. Paczkowski; David E. Scott; Jolene M. Nertoli; James M. Jannetta; Daniel J. Weaver, jointly and severally
C/A CASE NO.: 276712 – L/C CASE NO.: 04-7606-CC
Lansing, MI – Today, the Michigan Supreme Court ruled in favor of the Sault Ste. Marie Tribe of Chippewa Indians in the so-called 7+1+1 case which was originally filed in Chippewa County (50th Circuit Court) but presented to Judge Charles Johnson, 57th Circuit Court, in Emmet County as visiting judge when Judge Lambros recused himself. At the lower court level, Judge Johnson ruled back in 2007, that the defendants were not terminated, that Bouschor did not have the authority to grant severances (in the amount exceeding $2.66 million), and that contrary to Bouschor’s claim, Bouschor did not hold ‘executive immunity’ a status typically held for State Governors or the President of the United States. This latter filing by Bouschor is what qualified the defendants for an automatic appeal in the Michigan Court of Appeals and has delayed the case since the initially filing in 2004. At that level, the MI Court of Appeals threw out the legal malpractice and conspiracy claim. The MI Supreme Court’s ruling today reinstates the Sault Tribe’s complaint with regard to malpractice and may qualify the Sault Tribe for injunctive relief to recover not only the amount Bouschor and defendants conspired to take on election night of 2004, but also ‘treble damages’ which is up to three times the amount. Given the Tribe filed jointly and severally, once a final judgment is granted (possibly via a summary disposition given there now appear to be no facts in dispute) there may not even be a need to go to trial at the district court level. Judge Johnson could, instead, rule in the Tribe’s favor and award damages and legal fees. In the Supreme Court’s ruling, the justices ruled that Bernard Bouschor did not have executive immunity and as such, reinforced Judge Johnson’s earlier ruling that Bouschor is individually liable in this case. If Judge Johnson does not grant a summary disposition judgment, the case will go to trial in the 50th Circuit Court with Judge Johnson presiding as visiting judge. In a prepared statement, former Chairperson Aaron Payment said,
“With all of the legal wrangling by Bouschor and the defendants over the last 5 ½ years, it is no wonder tribal members are dispirited. The rulings by the MI Supreme Court and the prosecution of Paquin give tribal members hope that the rule of law will prevail and justice will be served. Those who would steal from their own people, need to be held accountable. Maybe 2010 will be the year of tribal justice.
DOWNLOAD SUPREME COURT RULING HERE
Subscribe to:
Posts (Atom)
