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Gail Dana, an elder tribal citizen, lives in the Passamaquoddy community at Sipayik. A published author, she actively advocates for truth telling, a healthy tribal community and effective and responsible governance.
One should never celebrate too soon, certainly not before the votes have been counted. The Passamaquoddy Tribe at Sipayik has not, in fact, endorsed Sen. Susan Collins, as reported recently by the BDN. The tribal community and the tribal governing body determines the chief’s role and authority through tribal law. The chief of the Passamaquoddy Tribe at Sipayik is not authorized to endorse political candidates on our behalf.
Here I offer tribal citizens and the citizens of the State of Maine a tribal perspective shaped by deep knowledge of the legacy and impact of tribal, state and federal governance systems on tribal communities. We understand that elected officials are chosen to first serve the interests of the collective. They are expected, not as individuals, but as a governing body to deliberate carefully and to act in the tribe’s best interests. The governing body enacts tribal law and we expect them to abide by it.
Since the 1980 settlement act, the limits of tribal authority have been specifically circumscribed by federal and state law. The Passamaquoddy Tribe was recognized as represented at that time by the Joint Tribal Council (JTC) of the Passamaquoddy Tribe with separate councils at Pleasant Point/Sipayik and Indian Township/Mdocmeegook. Certain authorities continue to be retained by the Joint Tribal Council, while each community, as a political subdivision, is administered by its own chief and council.
In general, tribal governments function as municipalities under state law, except that “internal tribal matters including … tribal organization, tribal government and tribal elections … [are] not subject to the jurisdiction of the State.” In 1990, the Passamaquoddy Tribe at Sibyig officially adopted a body of law approved by referendum, now known as the Sipayik Constitution, that circumscribes the role and powers of the chief at Sipayik.
Tribal law requires the chief of the Passamaquoddy Tribe at Sipayik to chair meetings of the governing body, to implement its policy decisions and retain primary administrative responsibility for tribal government operations. The chief must act in accordance with policy decisions made in tribal council meetings, open to all tribal citizens. As in any responsible, accountable government, the chief’s power and authority are limited. The chief carries out the will of the people in consultation with the tribal council.
We all deserve governments that honor and respect the dignity of every single person. Our tribal traditions and the instructions in our language direct us to each be fully responsible for the decisions we make. We place a high value on each person’s right to choose. We vote to register our support for the candidate that aligns with our most closely held values. Each individual tribal citizen who votes in state or federal elections has the right and responsibility to choose their best candidate.
We do not share that responsibility with tribal government. The right to vote and to make your choices known in state and federal elections arises solely from the recognition of individual U.S. citizenship, completely independent from any tribal citizenship or affiliation.
State and federal elected officials often publicly endorse and sometimes campaign for candidates for positions in those governments. The tribal chief has no standing in those systems. The tribal chief’s role as spokesperson for the tribe, circumscribed by the authority granted to the chief by the people and the tribal council, does not include endorsement of any candidate for office on behalf of the Passamaquoddy Tribe at Sibyig. Absent direction by the tribal community or its governing body, the chief does not have the authority to speak for the Passamaquoddy Tribe at Sipayik.
Neither tribal citizens collectively nor the elected tribal government at Sipayik has taken a position on any candidate currently running for state or federal office. We each alone must make the decision to give our vote to the one who believes in us and we in them.