Observer-Dispatch (Utica, New York), February 2, 2006, Thursday

Copyright 2006 Observer-Dispatch (Utica, NY)
All Rights Reserved
Observer-Dispatch (Utica, New York)

February 2, 2006 Thursday 1 Edition

SECTION: A-SECTION; Pg. 1A

HEADLINE: Our workers vote, Oneida Nation warns

BYLINE: Elizabeth Cooper

BODY:
By ELIZABETH COOPER
Observer-Dispatch
ecooper@utica.gannett.com
The Oneida Indian Nation said Wednesday it is using the voting power of its 4,600 employees, which make up the Mohawk Valley's largest private work force, as leverage to get local politicians to stop working against the Nation's plan to put its land into federal trust.
The Nation says it will help Turning Stone Resort and Casino workers register to vote and provide "candidate education programs" for employees, even as it warns them the federal government's rejection of the land-into-trust proposal could cost them their jobs. The Nation's push for federal trust status could help it circumvent March's U.S. Supreme Court ruling that the city of Sherrill could tax Nation properties.
"The region's representatives at the federal, state and local levels had better understand that the Nation's employees are informed, motivated and engaged politically, and are now ready to hold their elected representatives accountable for their votes, statements and actions," Nation Government Relations Director Diane Stirling said in a prepared statement.
Several Central New York politicians said their stance doesn't mean they want to see any jobs taken away. But they said they believe there are ways of saving those jobs other than placing thousands of acres of Nation land into trust, which would exempt it from local taxes and regulations.
"I'm doing what I believe is the right thing, and that's everyone being treated equally under the law," said Oneida County Legislator Jack Gardner, R-McConnellsville. "If that's wrong, then I guess I'll have to be voted out of office."
Two Nation employees said Wednesday politicians' stance on the land-into-trust application would affect how they vote in the future.
Brian and Kelly Marino of Blossvale criticized Gardner, who was among a majority of Oneida County legislators who recently came out against the land-into-trust plan. They noted that 150 Nation employees live within Gardner's Western Oneida County district.
"He expresses his views but he has not called a meeting to maybe speak with us," Kelly Marino said of her own county legislator. "To me, he's not representing all his constituents. He hasn't asked me."
She and her husband spoke with the Observer-Dispatch from their jobs at the Nation. Nation spokesman Mark Emery was on the line during the conversation.
The Nation's decision to enlist its employees as foot soldiers in the battle for trust status marks a new tactic in the larger, ongoing land-claim case that dates to the 1970s. It has brought out crowds and strong opinion on both sides in ways reminiscent of the conflict seven years ago after the Nation sought to sue 20,000 individual landowners who lived on property the Oneidas' claim.
In its statement, the Nation criticizes the county legislature for opposing the push to put land into trust, and it predicts dire consequences for Turning Stone employees, 2,400 of whom live in Oneida County. Stirling is quoted as saying a failure to put land into trust "could abruptly end their employment."
Asked Wednesday if the Nation would close Turning Stone if trust status were not granted, Nation spokesman Mark Emery said, "the resort cannot stay open if the land doesn't go into trust."
Certain types of gaming are illegal in New York state, including much of what Turning Stone offers, except on Indian land. Placing the footprint of Turning Stone Resort and Casino into trust would keep the casino legal and protect the jobs of those who work there, Nation officials say.
Some politicians said they think the Nation's rhetoric has gone too far.
"It's unfortunate that the Oneida Indian Nation is using scare tactics with their employees to promote the idea that they do not have to pay their fair share of property and sales taxes," Oneida County Board of Legislators Majority Leader James D'Onofrio, R-New Hartford, said. "The county of Oneida has no recourse but to utilize all legal means to force the federal government and the courts to act because recent history tells us at a fair negotiated settlement is unachievable."
But in using their workers' political views as a weapon in battle, the Oneidas are following a long-standing American tradition, two professors from Cornell University's Industrial and Labor Relations School said.
"It doesn't seem to me that it's particularly unusual for any type of business, particularly a large economic entity in an area, that they would indicate that their employees might vote in the interest of their jobs," said Sally Alvarez, director of labor programs at the school.
Professor Esta Bigler, director of the school's labor and employment law programs, agreed.
"Why is it different from the way many organizations act?" she asked. "It seems to me that these kinds of things happen across the board in a democracy."
Bigler said groups as diverse as the National Rifle Association and the auto industry use their membership or employment totals as a way to flex political muscles on issues important to them.
Still, Alvarez noted, "I can see why the politicians would accuse the tribe of using scare tactics. You could certainly argue that it's not as upfront a tactic as it could be, but it's a fairly normal part of the rhetorical battles."
Alvarez and Bigler said the solution was for both sides to be as open as possible with the public so residents can draw informed conclusions.
POINTS OF VIEW
County politician
Oneida County Board of Legislators Democratic Minority Leader Harry Hertline said there are other ways to protect jobs at the Oneida Indian Nation than placing the land into trust.
"It's not the county's intent as I know it to shut down the casino. Economically they've done well for Oneida County, we don't question that. Putting all these lands into trust doesn't solve the problem, it creates greater problems down the line. Hopefully the Oneida Indian Nation will come to the table and negotiate. We've been waiting for it."
Vernon resident
Longtime Vernon resident Fred Gerow said the land-into-trust application should be rejected because the Oneidas should be paying their taxes and obeying local laws like everyone else.
"The whole thing is a farce. As far as the employees being put out of work, that's a big joke, too, because nobody's going to close that casino down. It's a scare tactic as far as (Nation Representative Ray) Halbritter is concerned."
Nation employee
Brian Marino of Blossvale and his wife, Kelly, work for the Oneida Indian Nation, and they say it could be catastrophic for their family if Turning Stone Resort and Casino were to close.
"I think I will probably change my vote to get somebody in there that's going to help the area economically. And if shutting down the casino is on their agenda, that's not helping the area at all."
Politicians pressured on land-into-trust decisions
By ELIZABETH COOPER
Observer-Dispatch
ecooper@utica.gannett.com
The Oneida Indian Nation said Wednesday it is using the voting power of its 4,600 employees, which make up the Mohawk Valley's largest private work force, as leverage to get local politicians to stop working against the Nation's plan to put its land into federal trust.
The Nation says it will help Turning Stone Resort and Casino workers register to vote and provide "candidate education programs" for employees, even as it warns them the federal government's rejection of the land-into-trust proposal could cost them their jobs. The Nation's push for federal trust status could help it circumvent March's U.S. Supreme Court ruling that the city of Sherrill could tax Nation properties.
"The region's representatives at the federal, state and local levels had better understand that the Nation's employees are informed, motivated and engaged politically, and are now ready to hold their elected representatives accountable for their votes, statements and actions," Nation Government Relations Director Diane Stirling said in a prepared statement.
Several Central New York politicians said their stance doesn't mean they want to see any jobs taken away. But they said they believe there are ways of saving those jobs other than placing thousands of acres of Nation land into trust, which would exempt it from local taxes and regulations.
"I'm doing what I believe is the right thing, and that's everyone being treated equally under the law," said Oneida County Legislator Jack Gardner, R-McConnellsville. "If that's wrong, then I guess I'll have to be voted out of office."
Two Nation employees said Wednesday politicians' stance on the land-into-trust application would affect how they vote in the future.
Brian and Kelly Marino of Blossvale criticized Gardner, who was among a majority of Oneida County legislators who recently came out against the land-into-trust plan. They noted that 150 Nation employees live within Gardner's Western Oneida County district.
"He expresses his views but he has not called a meeting to maybe speak with us," Kelly Marino said of her own county legislator. "To me, he's not representing all his constituents. He hasn't asked me."
She and her husband spoke with the Observer-Dispatch from their jobs at the Nation. Nation spokesman Mark Emery was on the line during the conversation.
The Nation's decision to enlist its employees as foot soldiers in the battle for trust status marks a new tactic in the larger, ongoing land-claim case that dates to the 1970s. It has brought out crowds and strong opinion on both sides in ways reminiscent of the conflict seven years ago after the Nation sought to sue 20,000 individual landowners who lived on property the Oneidas' claim.
In its statement, the Nation criticizes the county legislature for opposing the push to put land into trust, and it predicts dire consequences for Turning Stone employees, 2,400 of whom live in Oneida County. Stirling is quoted as saying a failure to put land into trust "could abruptly end their employment."
Asked Wednesday if the Nation would close Turning Stone if trust status were not granted, Nation spokesman Mark Emery said, "the resort cannot stay open if the land doesn't go into trust."
Certain types of gaming are illegal in New York state, including much of what Turning Stone offers, except on Indian land. Placing the footprint of Turning Stone Resort and Casino into trust would keep the casino legal and protect the jobs of those who work there, Nation officials say.
Some politicians said they think the Nation's rhetoric has gone too far.
"It's unfortunate that the Oneida Indian Nation is using scare tactics with their employees to promote the idea that they do not have to pay their fair share of property and sales taxes," Oneida County Board of Legislators Majority Leader James D'Onofrio, R-New Hartford, said. "The county of Oneida has no recourse but to utilize all legal means to force the federal government and the courts to act because recent history tells us at a fair negotiated settlement is unachievable."
But in using their workers' political views as a weapon in battle, the Oneidas are following a long-standing American tradition, two professors from Cornell University's Industrial and Labor Relations School said.
"It doesn't seem to me that it's particularly unusual for any type of business, particularly a large economic entity in an area, that they would indicate that their employees might vote in the interest of their jobs," said Sally Alvarez, director of labor programs at the school.
Professor Esta Bigler, director of the school's labor and employment law programs, agreed.
"Why is it different from the way many organizations act?" she asked. "It seems to me that these kinds of things happen across the board in a democracy."
Bigler said groups as diverse as the National Rifle Association and the auto industry use their membership or employment totals as a way to flex political muscles on issues important to them.
Still, Alvarez noted, "I can see why the politicians would accuse the tribe of using scare tactics. You could certainly argue that it's not as upfront a tactic as it could be, but it's a fairly normal part of the rhetorical battles."
Alvarez and Bigler said the solution was for both sides to be as open as possible with the public so residents can draw informed conclusions.
LAND-INTO-TRUST AT A GLANCE
--After the U.S. Supreme Court's 2005 decision that the Oneidas were subject to local taxes, the Nation has applied to put more than 17,300 acres of non-reservation land into federal trust, exempt from taxes.
--Officials, including those from school districts and Gov. George Pataki, oppose the plan on the grounds that it would cement an unwieldy patchwork of Nation land.
--The Oneidas say if the land on which their Turning Stone Resort and Casino sits isn't put into trust, it could jeopardize most of the Nation's 4,600 jobs.