April 27, 2023 at 11:23 a.m.
Town chair's role in LdF road issue a topic at annual meeting
Advisory motion to have Gaulke removed from further negotiations fails
A motion brought by Lac du Flambeau resident Barri Klingaman called for Gaulke to be recused by the town from all future negotiations between the town and the tribal council of the Lac du Flambeau Band of Lake Superior Chippewa Indians during the ongoing issue regarding Annie Sunn Lane, Center Sugarbush Lane, East Ross Allen Lake Lane and Elsie Lake Lane.
The roads were barricaded by the tribal road personnel on Jan. 31 because of expired easements over tribal land in the past decade on portions of the roads.
Since then, there have been lawsuits filed but the town has been able to reach a 90-day agreement with the tribal council to re-open the roads while the two governing bodies meet to work out a longer term resolution.
One of the larger pieces of litigation since Jan. 31 related to the situation is a federal lawsuit against members of the tribal council filed on behalf of most of the property owners affected by the road closures.
On April 10, U.S. attorneys filed an amicus brief taking the side of the Lac du Flambeau tribe in the matter and the lawsuit was turned over to the presiding federal judge on April 14.
About 10 minutes into the meeting, after Gaulke went over the 2022 budget summary which was the only item on the agenda, he asked if anyone would like to speak before the meeting was adjourned.
"I would," Klingaman said. "I'm going to say a few words before making a motion to the group. The town is in crisis. We face severe legal and financial exposure as expressed in two recent documents, the U.S. Department of Justice amicus brief and the letter from the BIA (Bureau of Indian Affairs) to (Congressman) Tom Tiffany."
Klingaman said the amicus brief was important because "it provides a road map and clarifies settled law governing this reservation."
"The brief states that the relationship between the U.S. government, the tribe and the town with respect to with rights-of-way determination and several applicable federal laws," she said. "The brief should heighten our awareness of the seriousness of the breach by the town of Lac du Flambeau against the U.S. government and the (tribe) letting the easements expire 11 or so years ago."
Klingaman aimed her next set of comments directly at Gaulke.
"How serious is this?" she asked. "As the brief explains, by letting the easements expire, the town board, led by chairman Matt Gaulke, lost rights to the easements and the rights-of-way. The chair is directly responsible for creating the situation of trespass. The town is directly responsible for the situation of trespass. Matt has been the presiding chairman over this issue for 13 years. He's had 13 years to negotiate a settlement with the tribe. Whether through neglect of duty, willful lack of interest or not taking the laws that govern the town rights-of-way seriously on this 'checkerboard' reservation, he (Gaulke) and his legal counsel, Gregory Harrold, put the town into harm."
Klingaman then said she was going to "call the question."
"Do we have the confidence in the town chairman's ability to negotiate a settlement at this critical juncture given his proven record of failure on this issue?" she asked. "It's been 13 years. Or will he lead the town into a lawsuit by the tribe or the U.S. government that could bankrupt the town. If that's the case, we are all part of that suit."
The town, she said, needs what she described as the "best team at the table."
"We seek immediate and fast-track negotiations toward settlement of four roads," Klingaman said. "We ask for the tribe's goodwill to negotiate a respectful, fair, ongoing settlement between the town and the tribe."
She said town supervisors Gloria Cobb and Bob Hanson "have the skills and the respect of the tribe."
"Matt Gaulke should be recused from negotiations based on his longstanding neglect of duty," Klingaman said. "Therefore, I move that the town to require that chairman Matt Gaulke be recused from further easement or rights-of-way negotiations with the tribe effective immediately."
After she asked for a second to her motion. Gaulke spoke.
"I must say that this motion is not allowed under state statute at the annual meeting," he said. "It would be advisory only."
Klingaman's motion was seconded by Gary Munson and Gaulke began to call the question but was interrupted by people asking if there was going to be discussion.
Lac du Flambeau resident Norm Wetzel asked how people attending the meeting via Zoom would be able to vote on Klingaman's motion.
"They don't," Gaulke said and told the audience the town has been advised by attorneys with the Wisconsin Towns Association to not allow voting via Zoom, something they have advised other towns not to do in recent years as it pertains to annual meetings.
"We put that on our website as soon as we got word from the Wisconsin Towns Association," deputy clerk Susan Schoonover, who coordinates Zoom for town board meetings, said. "I have no faces on my screen right now."
A public hearing
Gaulke once again attempted to call the question on Klingaman's motion but there were other people who wanted to speak.
Mike Hornbostle, a Lac du Flambeau resident who lives on one of the four roads and is also co-owner of Hornwinkels Bear Stube, said on Friday, April 21, the town board "was planning on negotiating with the tribe on tribal property."
"It has to be a public hearing," he said.
The tribal council passed a resolution in mid-March prohibiting Hornbostle and his partner, Marsha Panfil, from being "allowed on or within any entity of the Lac du Flambeau tribe," citing anti-tribal statements the couple have made in interviews and on social media.
"It has to be done in public," Hornbostle continued, referring to the April 21 town board/tribal council meeting. "Everyone that lives here has to be allowed there. I've been banished. I'm not allowed there. You can't do that on Friday. It has to be moved."
"And why is that?" Gaulke asked.
"Because of state statute," Hornbostle said. "Because it's a public hearing."
"We are allowed to go into closed session while negotiating other legal matters," Gaulke said.
"Not negotiating," Hornbostle said. "While you're setting up to negotiate, you as a board are allowed to (convene into closed session) but you are not allowed to negotiate in private with any other organization."
"I'll have to double check on that," Gaulke said.
"Do you want the number?" Hornbostle asked and he provided a phone number for the attorney general's office.
"I've also filed an information report with the sheriff's office that has been turned over to the district attorney also," he said. "So, anything that's been negotiated during an illegal meeting is void and not enforceable. So, no matter what you guys do, you can't hold the tribe to it. There's a way around it and that is don't go over there with a quorum. Go over with your attorney and one person."
After another 30 minutes of discussion, Gaulke called the question on Klingaman's motion and it failed, 33 against and 13 in favor of Gaulke's removal from the negotiating process.
One other motion was brought to the floor during the April 18 annual meeting.
The second motion came from Lac du Flambeau resident Steve Bunda, who proposed the town create the position of administrative coordinator for town roads.
The purpose, basically, would be to have the person "codifying all town road records" and do the background on and oversee matters pertaining to the town's jurisdiction of its roads.
While several of those present expressed interest in the idea, there was concern it would take too long for the person hired to fill that position to be effective in helping resolve current questions regarding road issues in relation to tribal claims.
Bunda's motion was defeated, 24 to 22.
Brian Jopek may be reached via email at [email protected].
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