“Our original goal was $120,000, but we met that goal so we now have raised the goal to $200,000,” Alex Baker said. “We’ve met our original goal through cash and pledges that will come in over the next three months.”
The money will be used to pay for lobbying services provided by the Washington, D.C.-based American Indian law firm of Anderson Tuell LLP. The firm was hired earlier this month by tribal Chairman Purnell Swett to represent the tribe before Congress. According to Swett, the firm’s two principals, Michael Anderson and Loretta Tuell, are former Bureau of Indian Affairs officials. Their law firm has been successful in winning federal recognition for other tribes.
After some debate, a divided council on Aug. 19 approved a resolution supporting the chairman’s actions to obtain federal recognition, including the hiring of the lobbyist.
Council members as late as Thursday, however, had still not seen the specifics of the contract. Swett said Friday that the contract is a month-to-month agreement, and no housing or any other public money is being used to pay the lobbyist. He declined to provide details of lobbying strategy.
“I support the chairman’s federal recognition efforts and support his strategy,” said Councilwoman Louise Mitchell, who voted against the resolution. “But when it comes to entering a contract, I think the contract first has to be agreed to by the Tribal Council.
“It’s hard to support something that you know nothing about.”
Councilman Terry Collins also voted against the resolution.
“This (lobbyist) was thrown on us so quickly,” he said. “I didn’t know anything about it ... I still haven’t seen the contract.”
The Lumbees have been without a lobbyist in Washington, D.C., since June when the tribe and Nevada-based Lewin International terminated their contract. The contract had given Lewin, a gaming consultant, the sole authority to serve as the tribe’s lobbyist for federal recognition.
Swett’s decision to hire AndersonTuell without involving the council is being challenged by Cynthia Hunt, who helped craft the tribe’s constitution.
“I don’t think the chairman has the authority to take it on his own to enter into this kind of agreement,” said Hunt, a technical adviser to the tribe’s first Constitutional Assembly. “The constitution has been violated.”
Hunt, who is employed by Legal Aid of North Carolina and has been involved in Indian issues for the past 26 years, noted the similarities in the process used by both Swett and past chairman Jimmy Goins to hire a lobbyist to represent the tribe in its federal recognition efforts. Goins hired Lewin.
“What concerns me is that this is deja vu. When are we gong to learn?” Hunt said. “I’ve put in a lot of work over the years trying to form a formal government for the Lumbees. The intent of forming the formal government was to make the leadership accountable to the people, and stop business from being done behind closed doors.”
Beth Jacobs, a principal in the Lumbee Sovereignty Coalition, also believes Swett overextended his authority when leaving the council out of the hiring process.
“Purnell has just decided that the Lumbee government is a dictatorship and that the elected representatives have no say,” Jacobs said. “It’s troubling when you give all the power to one person ... . The process is the problem. What point is there in having a council and constitution if the councilmembers, elected by the people, have no say?”
Jacobs said the Tribal Council is delegating its constitutional authority and responsibilities to the chairman.
Jacobs said that eventually the question of executive powers vs. those of the legislative branch of government will have to be determined by the Lumbee Supreme Court.
“This is a constitutional issue the courts will have to determine,” she said.
The Lumbee Sovereignty Coalition was formed earlier this year in opposition to the Lewin contract. The group is now acting as a government watchdog.
Jacobs said that she is glad the tribe now has representation in Washington and supports the tribe’s efforts to gain federal recognition.
“My whole thing is that we need more accountability and transparency in our government,” Jacobs said. “We have the right to know what our government is doing.”




