1985 Business Committee Meeting Minutes
Date1985
ClassificationsArchive
Object numberBC.BCM.1985
DescriptionBusiness Committee Meeting MinutesJanuary 17 - Business Committee Meeting
February 11 - Business Committee Meeting
February 25 - Business Committee Meeting
March 11 - Business Committee Meeting
March 25 - Business Committee Meeting
April 1 - Business Committee Meeting
April 8 - Business Committee Meeting
April 22 - Business Committee Meeting
April 29 - Special Business Committee Meeting
May 7 - Business Committee Meeting
May 13 - Business Committee Meeting
May 21 - Business Committee Meeting
May 28 - Business Committee Meeting
June 5 - Business Committee Meeting
June 8 - Special Business Committee Meeting
June 10 - Business Committee Meeting
June 24 - Business Committee Meeting
June 28 - Business Committee Meeting
June 29 - Business Committee Meeting
June 30 - Special Business Committee Meeting
July 8 - Business Committee Meeting
August 13 - Special Business Committee Meeting
August 21 - Special Business Committee Meeting
August 27 - Business Committee Meeting
September 3 - Special Business Committee Meeting
September 10 - Special Business Committee Meeting
September 16 - Business Committee Meeting
September 29 - Business Committee Meeting
October 24 - Special Business Committee Meeting
October 31 - Special Business Committee Meeting
November 10 - Special Business Committee Meeting
November 17 - Business Committee Meeting
December 1 - Business Committee Meeting
December 8 - Business Committee Meeting
Collections
Finding AidRegular Business Committee Meeting Minutes:
BC.BCM.Jan.17.1985:
Roll call, meeting called to order.
1-Considerable discussion was held regarding Judge Luther Bohanon's order, issued January 10, 1985, concerning the Enterprise Management Consultants, Inc. lawsuit against the tribe.
2-Steve Parker requested that Bingo attendance head counts conducted tribal police, written and verbal complaints against EMCI, and all other evidence of possible use in the Feb. 4 hearing be submitted to him within 24 hours. Parker also noted that CFR Court Judge Phil Lujan had postponed the hearing scheduled for his court on Jan. 21-another date has not yet been set. According to Parker, "Lujan is not relinquishing jurisdiction; the January 21 court date is simply inconvenient for him."
3-Administrator John Barrett agreed to compile information on EMCI and deliver it to Parker on Friday, January 18. Parker will then prepare a brief to be filed in federal court by Monday, Jan. 21, 1985. Parker stated he intended to file a Motion To Reconsider with the federal court as well. Parker also stated that he was considering filing a Motion To Substitute with the court. That motion would name R. Whitecotton and Kenneth Peltier as defendants as B.C. Mbrs and release Thelma Bateman and C.B. Hitt.
4-Move to accept Pot. Resolution #85-130 stipulating CFR Court jurisdiction over the tribe in action brought against them by EMCI. Motion passed.
5-Move that $5.18 be paid to EMCI for the tribe's lease cost with interest. Motion passed.
6-Move to accept Pot. Resolution #85-131 indemnifying mbrs of the B.C. and tribal employees for legal costs in the federal court action brought by EMCI against the tribe. Motion passed.
7-Bill Rice noted that the tribe still owed him $3700.00 for defending them in two CFR Court actions and two federal court actions disputing the 1984 election.
8-Move to accept Pot. Resolution #85-132 indemnifying Dr. Levier and John Barrett for legal fees occurred in a lawsuit brought against them and the tribe by Duane Hughes. Bill Rice defended the tribe in that CFR Court lawsuit and won. Levier has paid $270 out-of-pocket legal fees in that matter. Motion passed.
9-Dr. Levier and John Barrett gave a report on a meeting with Finley and Cook Accounting Firm. Finley and Cook are preparing an estimate on how much it will cost to do the programing necessary for tribal rolls, the tribal mailing list and computerized financial statements for tribal operations. According to John Barrett, the purchase of an IBM 38-12 may be necessary for a hook-up between the tribal complex and the accountants' office.
10-Move to accept Pot. Resolution #85-133, requesting grant funding of $1800 from the Presbyterian Self-Development Grant fund for the purchase of a typesetter. Motion passed.
11-MOve to purchase a computer equipment for the tribal museum for $3300. The equipment is part of the optical character reader package for the archives approved by the 1984 General Council. Motion passed.
12-Parker noted that he thought the individual Committee Members and employees named in the EMCI lawsuit should hire Bill Rice as their individual attorney, due to the fact that Bohanon's order viewed Parker's representation of both the tribal entity and the officials as a conflict of interest. B.C. went into Executive Session.
Meeting adjourned.
BC.BCM.Feb.11.1985:
Roll call, meeting called to order.
1-Move that minutes of the Nov. 26, 1984 B.C. meeting be approved with one correction. Motion passed.
2-Move to accept the Jan. 17 corrected minutes. Motion passed.
3-Chairman Bruno announced that B.C. will meet on the second and fourth Mondays of each month. Daytime meetings will be held until further notice.
4-Chairman Bruno announced that negotiations with Enterprise Management Consultants were on-going. Tribal attorney Steve Parker has sent EMCI two drafts of management options approved by the B.C. No word has been received as to whether or not EMCI will accept the tribe's proposals.
5-Chairman Bruno noted that Bill Rice has been paid the $3700 owed him for representation in litigation stemming from the last election. Francis Levier has also been reimbursed for his out-of-pocket expenses in Duane Hughes litigation. According to the Chairman, Bill Rice has been notified that settlement of the EMCI suit is pending.
6-Move to accept Pot. Resolution #85-135 appointing Doyle Owens as Chairman of the Potawatomi Tax Commission. Motion passed.
7-Move to accept Pot. Resolution #85-136 naming Kenneth Peltier as Secretary of the Potawatomi Tax Commission. Motion passed.
8-Move to accept Pot. Resolution #85-137 appointing John Barrett to the Potawatomi Tax Commission. Motion passed.
9-Move to accept Pot. Resolution #85-138 appointing Dr. Francis Levier to the Potawatomi Tax Commission. Motion passed.
10-The Resolution number #85-139 is reserved for the final appointment to the Tax Commission. Chairman Bruno requests that the Tax Ordinance definition of Commission appointments be reviewed at the next B.C. Meeting.
11-Andy Bradford requested funds from the tribe to support the Potawatomi Softball Team. Move to allocate $200; motion passed.
12-Discussion was held on the possibility of the tribe running its own softball field. Francis Levier will investigate.
13-Move to accept Pot. Resolution #85-140 presented by Opal Coachman, director of Tribal Rolls, and approving 10 people for enrollment. Motion passed. Another resolution requesting enrollment of two people was tabled.
14-Move to purchase a used memory typewriter for Tribal Rolls at a price of $900. Motion passed. John Barrett requested approval for purchase of three typewriters at a cost of $1068 after trade-ins of old equipment. Motion passed.
15-Discussion was held on the Tribal Scholarship Program. Chairman Bruno requested the original General Council guidelines established for the program. It was also noted that numerous people in the past were denied scholarship monies because they didn't live in the immediate vicinity. People who have attempted to appeal to the Committee have been unsuccessful due to the disappearance of the old Scholarship Committee records. Secretary Kenneth Peltier is still trying to locate them.
16-Administrator John Barrett gave a report on a investment project put together for the tribe by Dean Witter Reynolds.
17-Chairman Bruno requested John Barrett contact tire dealers in regards to potential enterprise.
18-Move to approve a $185.18 check to the tribe's Dean Witter Reynold's representative as reimbursement for his plane ticket from New Mexico. Motion passed.
19-Move to reimburse John Barrett $118.13 for charges to his American Express account for the Dean Witter Reynolds Representative. Motion passed.
20-Move to reimburse John Barrett $130.59 for submitted expenses. Motion passed.
21-John Barrett announced that the tribe has received a grant for $2375 from the Community Services Block Grant Program. Went into Executive Session.
Meeting adjourned.
BC.BCM.Feb.25.1985:
Roll call, meeting called to order.
1-Secretary Kenneth Peltier read the minutes of Feb. 11, 1985. Minutes were corrected and move to accept minutes as corrected.
2-Discussion was held between the B.C. and FireLake Manager Mike Kimmel concerning the leasing out of the golf course. Kimmel stated that he had been in contact with potential investors and that he intended to be part of a group that would bid for the golf course management contract. Chairman Bruno noted that he was aware of at least 2 other interested parties who would also be submitting bids.
3-Discussion was held on leasing tribal lands for grazing rights.
4-Discussion was held on the status of the proposed Constitutional revision and charter currently in Washington.
5-Steve Parker noted that he had received a letter from the attorney for Enterprise Management Consultants, Inc. asking him to draft a contract proposal for management of the bingo hall. Parker stated he would draft a contract for the B.C.'s perusal within the next week. Judge Bohanon has agreed to a 60 day continuance of the case to allow time for out of court negotiations.
6-Discussion was held on the lawsuit alleging civil rights violations by former Tribal Administrator John Schoemann and former Chief of Police Billy Peltier. The tribe has been named as a co-defendant in the suit that will be heard March 15 in CFR Court.
7-Move to approve a list of applicants for Housing Improvement Program funding submitted by Director Jerry Fox. Motion passed.
8-Jerry Fox advised the Committee that he was no longer interested in running the weekend swap meet and they should begin looking for a replacement.
9-Discussion was held on proposals submitted by IBM and Finley and Cook for computerizing compliance and internal financial audits. It was noted that there is a federal program available that might allow the tribe to have a representative from the Inspector General's office assigned to them. Agenda was tabled due to several B.C. having to leave.
BC.BCM.March.11.1985:
Minutes read and corrected.
1-Kenneth Peltier read Pott Resolution #85-142 making changes. Motion passed.
2-John Barrett-Pott Resolution #85-143. Anadarko area staff (Betty Bell) assisted in writing an amendment replacing Article VII of the Constitution, would validate election ordinance and bring into line with Judge Lujans order. Betty Bell has agreed to help expenditure secretarial election. Motion passed.
3-John Barrett-CFR Appeal Process, Steve Parker working on it.
4-Leon Bruno-Chief Jasper interested in leasing property. Approx. 80 acres of unleased tribal land in Hardesty and Gordon Cooper Drive area, previously leased for alfalfa cuttings. Mike Jasper-50/50 shares. He cut hay and you get half to sell yourself or he will sell it for you. You should get 3 cuttings off property. Asked if they would consider a replanting of area? Could get five years from alfalfa plantings. Asked if they would do a 5 year lease on 50/50. Max Wano- Need lease clause where we could get out if enterprise opportunity arose, in exchange for reimbursement for year invested costs. Mike Jasper said sure, for this year we could cut and share, then in the fall he'd plant alfalfa for the next year. They would go 50/50 on the profits. He is selling prairie hay for $2.75 a bale/ $3.00 for pure alfalfa so if your only getting $.050 a bale you're losing. Leon Bruno-Said we would, if you cut and take care of this seasons cuttings and then by fall you'll know if you still want to do it and then we could set up 50/50 contract, if you are still interested. Mike Jasper-says No, up front money every October we will sit down. I'll appreciate open books and your representative. Leon Bruno said We'll get the lease together. Make sure CFR jurisdiction.
5-Lease course, snack shop, storage equipment. April through Sept is growing period. BIA can't get anything approved for this season according to Pruner (90 days) 80 days we like to make deal with tribe. .Tribe shouldn't accept a lot of dollars, because there's allot of capital improvements necessary. says Mr. John Flowers.
6-Propose-First year managing, tribal grants still apply to October 1, 1985. Bank notes on golf carts and equipment, we'll either lease or purchase equipment or assume notes. Tribes merchandise should be purchased by us as its sold off. A contract of ten years and the right to negotiate. We'll do capitol improvements. Mr. John Flowers-Sprigging roughs with Bermuda and fertilizer. Tree planning program and the preservation of existing trees.
7-Propose-In lieu of sales taxes payment of $5,000.00 that in excess, we collected last year was $3,941.15 and $5,500.00 the 2nd year on up to Oct. 1st fiscal year due date.-Tribe and lessors should both seek grants.-Tribe will continue insurance on buildings.-April 1st, 1985 is "go" date. -In case of war, flood, war, disasters, act of God, we get out of contract.
8-Flowers-If we break even and keep up improvements, we'll be happy. We'll include maintenance schedule with lease. Do we pay utilities and structural maintenance? as for JTPA/OJT/CTGP program money being used in a private operation is very questionable.
9-John Barrett-Says we should hold out for 5% across the board. We need grazing lease. (2) Golf course figures (3)Insurance.
10-Leon Bruno-8 OG&E lights and poles (Doris Rouse says bill run about a $150.00 a month) OG&E would sell for $1800.00. Bruno checked out the price, the lights run $30.00 a piece and the poles are about $50.00 each, maybe we should replace with our tribe's own for about $1,000.00. John Barrett said Also, put plug-ins on all poles. B.C. mbrs discussed what do with worn out, existing underground system. Doyle Owens motioned to have OG&E remove it. Motion passed.
11-Leon Bruno says Mr. LeRoy Wheeler says they have the packet, but haven't decided to accept or reject. They want to make a deal temporarily today so they can run quarter of a million.
12-Mrs. Waymirer-President of Western Heritage Life Insurance Company. Contract up for renewal with Continental. Ask for confidentiality on proposal. Mike Thompson added some health care provisions.
13-Mike Kimmel says-Mr. John Flowers, Board of Directors of Shawnee Country Club, went through school on a golf scholarship. Group of Investors.
14-Mr. John Flowers says three factions to begin with now, we're together with one proposal. Dollar Saint Patrick's Day Bingo. Leon Bruno says no deal until proposal is approved. Meeting recessed then went into Executive session, went into recess until further notice.
BC.BCM.March.25.1985:
Roll call, meeting called to order.
1-The B.C. minutes from the last meeting were suspended from the agenda due to their length so George Carter, ANA Director was introduced to the B.C. Mbrs present.
2-Mr. Carter informed the mbrs of the B.C. of the status of the ANA Program. It was also decided that he would report to them regarding the Tax Commission.
3-Business Manager Stan Holder read a letter dated March 25, 1985 form the Commission Director, George Carter requesting that the B.C. be advised to amend Section 202 and 203 to bring the Tobacco Tax down to its present amount of 2cents per package. Effective June 1 raising it 1 cent. (Attachment letter included). Discussion was held on this topic. It was mentioned that FireLake Golf Course had a present tax of 5cents needing to be 3 cents since it is also a tribal enterprise.
4-Motion made to accept POT Resolution #85-145 to amend Ordinance #84-3 Section 202 and 203 of the General Revenue and Taxation Act of 1984. Motion passed. (Attachment letter included).
5-Cheryl McKinney, Tribal Planner was introduced to the Committee. A Resolution was brought forth regarding utilizing funds derived from tribal taxation to purchase Law Enforcement uniforms for the Tribal Police Force. Motion to accept POT Resolution #85-147 to utilize funds derived from the Tribal Taxation to purchase Law Enforcement uniforms after a discussion was held as to exactly how many uniforms were to be purchased with $4,200 with six people on the Police Force. Motion passed. (Resolution attached).
6-A Resolution was brought forth to allow for the investment of the excess monies that are currently in the Prosthetics Account. Discussion was held on the matters of changing from a current 5% interest to a possible 12% interest earned on these invested monies. Paine Webber would be the investment representative for the Tribe since they have a home office in the state of Oklahoma.
7-Motion to accept Resolution POT #85-146 to allow the Business Manager to invest current Prosthetic monies. Motion passed. 8-Discussion was made on the Tribal Personnel Policy. It was decided that they would wait until each B.C. Mbr could read it through before passing it or there would be a call from the Tribal Chairman.
9-Opal Coachman came before the B.C. with a Resolution for the Scholarship and Health Aids Programs drawdown. Motion made to accept a resolution for the drawdown of Scholarship and Health Aid funds. Resolution passed (attached letter).
10-A resolution to accept the enrollment of six people into a mbrshp with the CBPTribe. Motion to accept Resolution POT #85-152 making those listed mbrs of the Tribe. Motion passed.
11-Georgia Shaw was named the new member of the Health Aids Committee replacing Doris Rouse.
12-Discussion was held on the vacant position of WIC Director. Jerry Levi proposed a restructuring of the program combining WIC with the Food Distribution Program.
13-Mike Kimmel, FireLake Golf Course Manager concerning salary situation. The B.C. went into Executive session. Then came back into Regular Session.
14-Discussion was held on the Hownikan tribal newspaper. The administration is currently seeking new prospects.
Meeting adjourned.
BC.BCM.April.1.1985:
Meeting called to order, roll call.
1-For the record, resignation that was submitted on March 25, 1985 was destroyed, as was the one turned in on Friday, March 29, 1985 and the B.C. now has a full Committee again.
2-The new personnel policy that was made up by the office of personnel, was submitted to the B.C. for approval, with the correction where the words read quote, "tribal administration be changed to read as business manager." Motion to accept the personnel policy that was made up by the office of personnel, with the correction changes. Motion passed.
3-Mike Kimmel contract on the FireLake Golf Course was discussed with the Business Manager, Stan Holder. The Business Manager says we would be on a 22% direct cost schedule. Mr. Holder says we can operate on a 29.9% by paying back $7.00 out of every hundred dollars for the next three years.
4-Mr. Holder, Business Manager, also discussed the tax on beer, liquor and cigarettes. Mr. Holder is having a package made up for the B.C. to send in to the Solicitor's opinion.
5-Mr. Holder also said all workers that drive Government vehicles would have to have a Government vehicle's drivers' license.
6-Mr. Holder also said that the tribe's CTGP program grant money came in and that all borrowed money would be paid back to tribal enterprises. Mr. Holder said Mike Kimmel would continue to operate on program money up to the end of the fiscal year and there after, the tribe would have to come up with the differences. Mike Kimmel would be paid a guaranteed salary for the rest of the fiscal year, than a guaranteed $20,000.00 plus 7% or 8% of the adjusted gross income.
7-Stan Holder said that the WIC Program would be getting a new director with a salary of $18,000 per year. 8-Chairman Leon Bruno suggested that the B.C. get a loan at the Federal National Bank for $35,000.00 for the 6.5 acres of land at the Maranatha Baptist Church located on the Southside of the Absentee Shawnee tribal complex. Motion was made to make this loan at the Federal National Bank in Shawnee, OK and buy the 6.5 acres from the Maranatha Baptist Church congregation.
BC.BCM.April.8.1985:
Meeting called to order, roll call.
1-Darrell James, Account Executive from Paine Webber came before the B.C. and made a presentation in regards to the investment of current Prosthetics monies which was passed in POT Resolution #85-146 at the last B.C. meeting. He discussed with them the possibilities of investing the monies in C.D.'s, Treasury Bills, Treasury Notes, etc.
2-Discussion of the Tribe's Constitutional Revision. Business Manager San Holder received a letter from Joe Walker, Superintendent of the Shawnee Agency stating that there was an error in our constitutional Revision. Discussion was held on what other changes needed to be made to the Constitution. It was decided that there would be a vote by all eligible members of the Tribe to vote on the revised Constitution.
3-Motion was made to rescind POT Resolution #85-143 concerning the absentee ballot voting procedure. Motion passed.
4-Discussion was held with John Caldwell, Leroy Wheeler and Greg Wheeler of Enterprise Management Consultants, Inc. regarding the Bingo Contract. If both parties signed the contract, the law suit would be dropped by EMCI. Also, if bingo becomes illegal, EMCI would continue to pay the Tribe $10,000 or turn the building back over to the Tribe. EMCI would not be allowed to do other business in the building unless they had a license from the Tribe. John Caldwell wants to leave 8 Guarantee to Agent: the option to remain in the building and pay $10,000 month guarantee to the tribe shall be that of the Agent. Steve Parker, Attorney said the agent and principle shall not interfere with or attempt to influence internal affairs or government decisions of the principles.
5-Steve Walgrin was introduced to the B.C. and he says he would like to put in a proposal on the golf course and lease the FireLake Golf Course. He would like to get it in by or in the month of July 1985.
6-Pay raise for Nicki Peltier. Holder says Nicki Peltier can be paid in bonuses of some nature in the very near future as Policeman of the Month. He also told the B.C. that the light bar and other equipment had been purchased. Holder informed the B.C. that Jerry Fox will only be the director over the HIP Program only. The maintenance director will be open and are currently seeking one.
7-George Carter is working on the tobacco tax ordinance and liquor ordinance and has the packet from the State of Oklahoma and will make it workable for the Tribe.
8-The Comptroller's position was discussed at a salary of around $26,000 per year. Motion to sign proposed agreement. Motion passed.
Meeting adjourned.
BC.BCM.April.22.1985:
Roll call, meeting called to order.
1-Indirect Cost Proposal. Stan Holder asked if it could be postponed until Nate Atchieson from Finley and Cook arrived.
2-Jerry Fox informed the B.C. that he'd like to relinquish his position as Personnel Director because he has too much to do and feels that he's not doing the job well.
3-Discussion was made on the Home Improvement Program.
4-Mr. Fox informed the B.C. that the compressor was out at the Firelodge. Jordan Heat & Air gave a bid on what they would give us for the compressor unit for the air conditioner. The compressor keeps going out due to the people that are up there during the day that turn the air conditioner way down and then open up all the windows and doors. Mr. Fox requested permission to purchase metal thermostat boxes for the air conditioning unit at the Firelodge. Mr. Fox also informed the B.C. of the excellent job the person that is doing the maintenance at the tribal complex is doing. He has also done well by the Museum. He has invited a couple of schools to the Museums and given them lectures. Business Manager Stan Holder stated that we need some source of readily available cash, especially when people come in with already made goods to sell to the Museum.
5-Motion made to make a loan to the trading post of $7,500.00 Motion passed.
6-Jerry Fox discussed the possibility of having the National High School Rodeo here in Shawnee and a need of 600 RV hookups at the swap meet grounds. People from 35 states in the U.S. and provinces of Canada will be coming with at least 3 people per family. The influx of money brought into Shawnee would be $30,000,000.00 The estimated crowd would be around 50,000 people. The National High School Rodeo is looking for a permanent home. He stated Oklahoma would be perfect since it is the hub of the nation. Mr. Fox stated he would like to have an answer in 30 days. The National High School Rodeo would be here for the years 1989, 1990 and 1991.
7-Mr. Fox informed the B.C. that we put an ad in the paper for a Personnel Specialist. The complex needs someone to keep Personnel in line with the policy that we have right now. There is a need to have a Personnel Specialist in office 8 hours a day.
8-Fox also informed the B.C. that Enterprise Management Consultants, Inc. put a sign on the corner of the Convenience Store without prior approval. Chairman Bruno told Mr. Holder to contact EMCI about the sign.
9-Before presenting Nate Atchieson, Finley & Cook and Cheryl McKinney, Tribal Planner, Mr. Holder informed the B.C. that he does not want to become involved politically. HIs main concern is for the Business part of the Tribe. Chairman Bruno suggested that a memo be put out that all tribal personnel be kept out of politics.
10-Mr. Atchieson presented to the Committee the Indirect Cost Proposal. He explained that with the new rate being 22.74%, approximately the same as the Inspector General suggested, that we shouldn't have an over-recovery.
11-Chairman Bruno discussed a letter from Michael Minnis. It concerned the libel suit with Billy Burch, Mel Merritt, John Schoemann, and Mary Lynn Hillemeyer naming John Barrett, Leon Bruno, C.B. Hitt and Thelma Bateman. There had been earlier discussion of taking Minnis off the case and putting Steve Parker on. Chairman Bruno suggested that Stan Holder review Parker's contract to see if he allowed to hire another attorney if needed. Holder said the Bureau of Indian Affairs wants a Resolution to justify that the B.C. made the decision to hire a co-attorney rather than make it look like a tribal employee hired an attorney themselves.
12-Discussion on Robert Talley's property and the loan on it. It was decided that the B.C. is not interested at this time. Mr. Holder informed the B.C. that the mailing at the Bureau had been carried out. It was completed around 3 p.m. Friday afternoon.
13-The B.C. will set up a meeting with the Election Committee regarding election.
14-Old Business discussed on a bounced check that Priscilla Sherard received from the Tribe. She claimed that the bank would not honor the check. Doris Rouse, Finance Director informed the B.C. that the money was still in the bank.
15-Stan Holder has some business on Bob West with CTSA. He claims the tribe owes CTSA $11,000.00. Mr. Holder will get with Steve Parker for an opinion.
16-Chairman Bruno suggests we stop payment on the Priscilla Sherard check.
17-Motion to revise Resolution #85-147 and add the word "equipment" to it. Motion passed.
18-Motion that there be a hold on all pay raises until the Personnel Specialist is aboard and that we deny the personnel actions. Motion passed.
19-Stan Holder discussed the pow-wow grounds and the possibility of building showers and bathrooms.
Meeting adjourned.
BC.BCM.May.7.1985:
Meeting called to order.
1-First on agenda was Viola Johnson and daughter Mary concerning the adoption of their grandson.
2-2nd was Jerry Fox. Mr. Fox needed a Resolution for the adoption of an inventory of housing needs for the CBPTribe Home Improvement Program.
3-Motion to accept Resolution POT #85-151. Motion passed.
4-Mr. Fox explained his being adopted to the referendum election committee and that he would not be here during the Potawatomi tribal election. Chairman Bruno explained to him that his position was for the referendum only and that he wouldn't have to be here at that time.
5-Mr. Fox was dissatisfied on the way the Personnel Policy was by passed and not followed and he was still dissatisfied with the way Mr. Stan Holder handled the problems.
6-Business Manager Stan Holder informed the B.C. that Mr. George Carter has turned in his notice of resignation of 30 days.
7-Cheryl McKinney's position was advertised as was the two maintenance personnel.
8-Stan Holder says he really doesn't know why Jerry Fox was so upset because he did sign the paperwork.
9-Opal Coachman informed the B.C. that she needed a Resolution pertaining to enrollment listing. She was assigned Resolution POT #85-152.
Meeting adjourned.
BC.BCM.May.13.1985:
Roll call, meeting called to order.
1-Stan Holder who asked if he could be last so the others on the agenda could get their business through first so they could return to their jobs. The B.C. went into Executive Session. The B.C. came out of executive session and went into regular session.
2-George Carter, ANA Director and Tax Commission was next on agenda. Mr. Carter asked if the B.C. would accept his request that he might withdraw his resignation. Mr. Carter was going to resign to tend to some personal business with his family and also some business with his own tribe. He told the Committee that the job with the Comanche Tribe would take from ten to fifteen working days to complete. He asked if he might continue to work at the Potawatomi Tribal Complex but take leave without pay on the days he would spend helping the Comanche Tribe. Also, Mr. Carter sees no trouble in getting out the ANA Grant by June 30. Kenneth Peltier accepted the acknowledgement of his withdrawing his resignation.
3-Mr. Carter had had discussion with Mr. Bill Rice. His request was that we pay him the last installment of $7,000.00. Mr. Rice is going to have someone else research the four codes that he has left to do. The others are in rough draft form. The Committee thinks that we shouldn't pay him until we see some of the work he has done. Mr. Carter says that he will get what Mr. Rice dies have and get it to the Committee as soon as possible.
4-Mr. Carter presented a Resolution to raise the tobacco tax from 2 cents to 3 cents per individual package effective July 1, 1985. Motion was made to accept this Resolution Pot #85-153. Motion passed.
5-Discussion was held on the ANA budget revision. Mr. Carter would like to take care of the contingency line item that was included before. Doyle Owens stated he would like to have the full B.C. present before they take the budget into consideration. Chairman Leon Bruno joined the meeting and took over the chair.
6-Gary Bourbonnais, Chairman of the Election Committee, was next. Discussion was held on the Candidate Advertising in the Hownikan. He brought fourth to the B.C. the cost of having the candidates put their advertisement in the Hownikan-the prices for the regular edition and the special election edition. Requested that the people who have or will file for office get this form. It was also requested that a filing list be placed outside the B.C. office in the tribal complex so anyone interested will know who is running for what office.
7-Mr. Bourbonnais presented the names of the persons to be accepted by the B.C. to appoint the following persons, if accepted, to the vacant seats of the Election Committee. He asked the Committee to refer back to their Election Ordinance to see if it stated anything about if an Election Committee member is related to a candidate. Chairman Bruno says to leave ordinances as is. It was decided that the Election Committee would interpret the Election Ordinances with the B.C.
8-Motion was made to appoint Don Yott, David Bourbonnais to serve on the Election Committee and that Ben Rhodd serve as alternate. Motion passed.
9-Motion was made to accept the rules for advertising in the Hownikan for candidates running for office with the changes made that were discussed earlier. Motion passed.
10-MIke Kimmel, FireLake Golf Course Manager was next on the agenda. He approached the Committee with a request to get the Committee's permission to purchase 10 golf carts. Mr. Kimmel says that by adding the 10 it would bring his fleet up to 50 and that makes for a full house. Mr. Kimmel informed the B.C. that there was a man in Kansas City who could get him a good deal on those ten golf carts. Chairman Bruno asked for a motion to authorize Mike Kimmel to go to Kansas
BC.BCM.May.21.1985:
Meeting called to order. Roll call.
1-B.C. members discussed the financial statue of the annual pow-wow of June 14, 15 and 16.
2-Motion was made that $4,000.00 be presented to the PIP Club to help finance the annual pow-wow. Motion passed.
3-Motion was made to accept POT Resolution 85-155 to bring the CBPTribal Election Ordinance into compliance with the Potawatomi Tribal Constitution. The Voting Ordinance shall be changed to read "Every member of the Citizen Band Potawatomi Tribe 18 years of age or older shall be entitled to vote in all tribal elections". Motion passed. Meeting adjourned. Copy of Resolution Pot# 85-155 Certification attached.
BC.BCM.May.28.1985:
Roll call, meeting called to order.
1-First on agenda was Election Committee. The Election Committee needed to set rules to conduct the election and still be in consistence with the election ordinances and the Constitution. Mr. Bourbonnais explained Rule I and Rule II.
2-Tribal Rolls. Opal Coachman of Tribal Rolls was next on the agenda. She presented two resolutions pertaining to tribal members of the CBPT. Chairman Bruno said we need to table the material on the enrollee that Opal Coachman had. Committeeman Richard Whitecotton is now present at the meeting.
3-Stan Holder, Business Manager stated he will represent the CBP Police Force who was next on the agenda. Chairman Bruno recommended that Robert Komahcheet get a raise. Business Manager said we can raise him to $5.00 an hour out of Tax Commission monies. Chris Herly can be hired and paid out of Revenue Sharing with a salary of $9,385 for eight months. The advantage of this is that Mr. Herley has his own equipped car.
4-It was recommended that there be a ceiling on the purchasing of gasoline. A study would be done by checking the mileage readings at the beginning of a shift and also at the end of the shift.
5-Security Officers will not carry firearms according the Inspector General. The Security Officers will be required to carry a baton and patrol tribal property only.
6-Business Manager Stan Holder stated that at night, we would have an armed individual taking the money to the bank. He informed the B.C. that we have an agreement worked out with the bank.
7-Kenneth Peltier made a motion to increase Robert Komahcheet's salary to $5.00 per hour. Motion passed.
8-All police officers have received their government driver's license.
9-Stan Holder informed the B.C. that the new manager of the Bingo Hall has approached some of the police officers with the possibility of their working at the Bingo Hall on their off-duty hours as Security Officers. Subject was discussed and the B.C. did not object to it. Chairman Bruno stated that the Police Force's first duty during the weekend of the pow-wow will be the pow-wow.
10-Jan Carlton, Convenience Store and Jerry Compton, W.E. Alford came into the meeting to negotiate a contract. Stan Holder thinks we need a better paper trail for our auditors. Stan Holder says he will contact Mr. Compton as soon as the contract is made available from Steve Parker, Tribal Attorney.
11-Jerry Compton stated that we could put a 24 x 24 canopy over the front gas pumps at the Convenience Store and split the cost over a period of time. Cost estimated between $4400 to $5500 installed and included concrete.
12-ANdy Bradford, softball manager explained how well the team was doing. Qualified for the Nationals. Not sure how much the entry fee is at this time. June 7, 8, and 9 is a softball tournament at Del City. The entry fee is $100.00. He says they have a chance to win new uniforms. Motion that we give the ball team $100.00. Motion passed.
13-Business Manager Stan Holder stated that he submitted documentation to Larry Allen, Federal National Band and a letter from Jack Clemence, Absentee Shawnee Housing Authority. He asked for permission to approach other banks. Chairman Bruno says to pursue any banks.
14-Mr. Holder informed the B.C. that he received a memo from the Personnel Specialist that Jerry Fox was reinstated his annual leave. It was decided that he can either pay it back or have it deducted from his time that it shows on the records.
15-Mr. Holder stated that we are spending about $40,000.00 for management at the Convenience Store. Possibility of combining assistant Director and Bookkeeper positions.
16-Stan Holder says he'd like to check into putting up a wind generator. He stated that we spend about $72,000 a year on our electric bills, averaging about $6,000 a month.
17-Secretary Kenneth Peltier read previous minutes from March 25, April 1, April 8 and April 29, 1985. Motion was made to rescind resolution pertaining to drawdown. Motion passed.
18-Motion that we accept these minutes with corrects to be made. Motion passed.
19-Secretary Kenneth Peltier read minutes from May 13. Motion to accept these minutes with changes. Motion passed.
20-Motion to rescind the action taken on the May 21 Business Committee Meeting on the election ordinance was made. Motion passed.
21-Motion to accept minutes of May 21, 1985 with changes made. Motion passed.
22-Jerry Levi, Food Distribution made a report on his organization which is made up of 14 food distribution programs in Oklahoma. The organization has formed a resolution. Some food programs are not getting equal treatment. Mr. Levi also says there needs to be something done about getting so much old foods. Chairman Bruno wants to study it further.
Meeting adjourned.
BC.BCM.June.5.1985:
Roll call. Meeting called to order.
1-Motion was made to pass Resolution POT #85-156 placing 60 acres into trust. Motion passed.
2-Motion made that we submit the budget to a vote of tribal members to approve or disapprove the action taken by the B.C. Motion passed.
Meeting adjourned.
BC.BCM.June.10.1985:
Roll call.
1-Some discussion was held on article that was put in the Hownikan by Business Manager Stan Holder. The Election Committee wants this article withdrawn. Motion that the article be withdrawn from the Hownikan. Motion passed.
2-Motion to adopt Resolution #85-157. Copies of the Resolution will be attached to the minutes. Motion passed.
3-Chairman Bruno asked Business Manager Stan Holder to explain the computer program. Mr. Holder explained that once Tom Knight completed, we could do away with the manual system. He explained that there was a need for Mr. Knight to work another 100 hours.
4-Motion made to accept another contract of 100 hours with Tom Knight. Motion passed.
5-John Shea has a resolution that needs to be passed by the B.C. to secure funds for the Title VI Program.
6-Discussion was held on the Title VI Program.
7-Motion made to accept Resolution 85-158 in support of the Title VI Program. Motion passed.
8-Mr. Billy Walkabout wanted on the agenda to discuss a program he has been working on for some time. Discussion was held on his program. Vice-Chairman Doyle Owens had to leave the B.C. meeting.
9-THe B.C. received a report from the Tribal Police Department. Memo was give to the Business Manager Stan Holder to draw up a memo and issue it as to who has the authority of the Potawatomi Police Force stating as to who had the jurisdiction on tribal land.
10-Mr. George Carter of the Tax Commission presented a resolution to the B.C. amending CBP Ordinance #84-3 amending the way the Tax Commissioners are appointed. Discussion was held on the subject.
11-Motion to adopt Resolution 85-159 removing the individuals from the Tax Commission. Motion passed.
12-Mr. Carter presented to the B.C. a Sales Tax Permit which will be issued to the concessions at the pow-wow.
13-Mr. Carter also presented the ANA Budget. Discussion was held on the Budget. Motion to accept the ANA Budget as submitted. Motion passed.
14-Motion made to purchase half beef in the amount of $300.00 for the P.I.P. Club's Annual Pow-Wow. Motion passed.
Meeting adjourned.
BC.BCM.June.28.1985:
Meeting was called to order. Roll call.
1. Meeting was with the Election Committee for preparing an agenda and budget for the General Council of June 29, 1985.
2-Motion was made that we formulate an advisor committee to study the CBPTribe's Election Ordinances and that those persons that served on this year's Election Committee are Chairman Gary Bourbonnais, Vice Chairman Norman Kiker, Secretary Sherrie Randell, Election Committeeman Don Yott and David Bourbonnais make up this advisory board.
Meeting adjourned.
BC.BCM.July.8.1985:
Roll call, meeting called to order.
1-Minutes of June 30, 1985 B.C. meeting were read. Corrections were made, motion to accept minutes as corrected passed.
2-Chairman Barrett announced the next order of business would be the swearing-in of the newly elected Grievance Committee Members. Chairman Barrett read Article 8 of the new tribal constitution to the Grievance Committee Members clarifying their role as an investigative arm of the tribe. CFR Court Judge Lawrence Wahepah then swear in Beverly Hughes, Dennis Duvall and C.B. Hitt as (two year term) Grievance Committee Members.
3-Chairman Barrett then issued an open invitation to the newly elected Grievance Committee to attend any and all meetings of the B.C. in order to keep abreast of decisions and issues.
4-Chairman Barrett addressed the G.C. on the issue of making B.C. Member administrative employees of the tribe. The Chairman explained that in the early days of BIA interference with the tribal governments tribes had been encouraged to hire outsiders to run their tribes-based on the BIA opinion that Native Americans were not qualified or experienced enough to fill administrative positions. The Chairman further explained that the new B.C. members had run on-and were elected on-the platform that they were the most educated, experienced candidates to run the tribe's affairs-and that that was what they intended to do. The Chairman also explained that nearly all of the federally recognized tribes paid their elected officials to run the administration and business affairs of the tribe.
5-The Assistant Administrator's report to the B.C. was read. Items of importance included: publication of the Hownikan will be July 11, 1985; intradepartmental terminations due to administrative reorganizations; parking lot completion under the HUD grant; Schoemann libel suit hearing scheduled July 15; resignation request sent to Steve Parker; regional meetings report-all eight B.C. and G.C. members are interested in attending first regional ; typesetting equipment has been ordered and will be paid for by an $1800 grant from the Presbyterians.
6-A request form Potawatomi Chief of Police Nick Peltier for compensation for 192 hours of comp time was heard. Move to approve monetary compensation to Peltier to be divided between three equal payments; motion passed.
7-Pot. Resolution #86-166 was amended. Move to adopt amended resolution, motion passed. The new resolution will be numbered Pot. #86-166A.
8-Move to accept Pot. Resolution #86-167 "Authorizing per diem payment for Grievance Committee meetings on an as needed basis. Motion passed.
9-Move to reappoint Doyle Owens to the tribal scholarship foundation; motion passed.
10-Move to approve Pot. Resolution #86-168 "Appointing Bob F. Davis, B.C. member, to the prosthesis committee and removing a present member (Richard Whitecotton)", motion passed.
11-Discussions was held on the possibility of establishing a tribal education foundation, staffed by volunteer tribal members, that would assist tribal members in searching out alternative funding sources for educational expenses.
12-Dr. Levier gave a report on Finley & Cook (CPA's) analysis of the tribal accounting and computer systems. For a monthly fee of $8500 Finley & Cook will complete the computer accounting system and have all departmental budgets on a daily update system by Aug. 1, 1985. Included in the monthly charge will be services and communications with the Inspector General's office, indirect cost negotiations and full consolidations of the tribal bookkeeping/accounting systems. B.C. consensus was to have Dr. Levier draft a contract with Finley & Cook for a one year period, at the end of which, re-evaluation and renegotiation could take place. Motion passed.
13-Discussion was held on the new Bingo contract. Enterprise Management Consultants is currently paying the tribe on the tenth of every month. Tribal police are responsible for head counts at the Bingo Hall at every session.
14-Discussion was held on the possibility of establishing employee achievement/incentive awards. Dr. Levier will draft a plan.
15-Discussion was held on the purchase of Maranatha property to house the HUD pilot project elderly housing complex. Approval was granted for the purchase of the property abstract.
16-Dr. Levier reported that the air conditioning in the Fire Lodge was not adequate for the senior citizen activities held there. Consensus was to put the equipment/service needs of the Fire Lodge up for competitive bid.
17-Discussion was held on implementing a Potawatomi Preference Procurement Policy. Dr. Levier will draft a resolution for presentation to the B.C.
18-Move to repeal Pot. Resolution #84-73. Motion passed. (Resolution pertained to employment of B.C. members).
19-Move to repeal Pot. Resolution #84-7B (authorizing Steve Parker to act on behalf of the tribe), motion passed.
20-Move to accept Pot. Resolution #86-169 authorizing WIC funding; Pot. Resolution #86-170 authorizing ICWA funding and Pot. Resolution #86-171 authorizing funding for the Consolidated Tribal Governmental Program for fiscal year 1986. Motion passed.
21-Move to donate $110 to the Potawatomi Softball Team for expenses. Motion passed.
22-Consensus decision was that funds from the Bingo head-tax should be going into the Tax Commission account rather than General Account. Francis Levier will make changes.
23-Move to establish a Tax Appropriations Subcommittee, composed of B.C. members, to determine tax appropriations from business revenues allocated to the general tribal operating fund. Motion passed.
24-Discussion was held on a tribal member's request that the tribe adopt her grandchild. Since the child does not fall within the blood degree guidelines for CBP enrollment, it was the B.C. consensus that the tribal Indian Child Welfare worker should be advised that she may assist the tribal member with the court authorities but that the tribal constitution prohibits the child's adoption by the tribe.
Meeting adjourned.
BC.BCM.Sept.16.1985:
Roll call, meeting called to order.
1-Secretary Kenneth Peltier read the minutes of the Aug. 27 B.C.M. Personnel actions previously taken were removed from the minutes to conform with confidentiality requirements. Move to approve minutes. Motion approved.
2-Discussion was held on the cost of repairing parking lot areas where flooding has occurred. Committee consensus was to assign Dr. Levier the task of comparative analysis between competitive bidders.
3-Discussion was held on options available to the tribe to complete its computerization of all departments. Chairman Barrett asked that the final decision be postponed until the entire Committee was present with all written materials in front of it.
4-Discussion was held concerning discovery of an over-expenditure of Indirect Cost funds during the period of March 11, 1985 to June 30, 1985. The disallowed expenditures stem from over hiring of permitted staff slots in violation of approved federal contracts. Consensus was to meet with Tribal Attorney to determine whether or not the previous administration's actions were deliberate and, if so, do they constitute a breach of fiduciary trust.
5-Discussion was held regarding the hiring of an in-house CPA.
6-Submitted a proposed Indirect Costs budget drafted by Finley and Cook, Tribal Accounting firm. After discussion and minor changes, Dr. Levier moved to accept the draft budget; Motion passed.
7-Chairman John Barrett moved that the FireLake Golf Course Manager, Mike Kimmel, be instructed to file monthly inventory sheets on pro shop supplies with the tribal administrator. Motion passed.
8-Tribal Rolls Director, Lori Bowlan, has requested a laminating machine to e3ncase new tribal roll cards in plastic before mailing them out. It is hoped that by laminating roll cards there will be fewer requests for reissues. John Barrett moved to authorize Ms. Bowlan to seek competitive bids on the machine and turn in the three lowest bids to the B.C. Motion passed.
9-Discussion was held on changing the design of the tribal roll cards and having them numbered in sequence to protect illegal distribution. It was also announced that the tribal police were currently making employee identification cards for employees that will be collected when the employee leaves the tribe. I.D. cards will be mandatory for access to the building after office hours.
10-Francis Levier announced that the tribe has received $22,000 to connect the two existing food distribution buildings. Advertisement for bids will be placed in area papers.
11-Chairman John Barrett reviewed the status of the libel suit against the tribe brought by John Schoemann, Marylynn Hillemeyer and Mel Maritt. Mr. Barrett read the list of witness called on behalf of the plaintiffs and noted that Jack Thorpe, Principal Chief of the Sac and Fox Tribe, has been called on Schoemann, Hellemeyer and Maritt's behalf. Chairman Barrett requested a letter be drafted to the B.C. of the Sac and Fox Tribe, noting that the indications from the filing of the plaintiff's list of prospective witnesses are that Principal Chief Jack Thorpe intends to interject in a matter relating to the CBP's sovereign and internal affairs and that such an action will be viewed as a direct interference in the internal affairs of the Potawatomi Tribe's sovereign status and is a threat to intertribal goodwill. Chairman Barrett will draft the letter to the Sac and Fox B.C. and request their clarification as to their tribal position. It was the consensus of the B.C. to also include in the letter an official request that the Sac and Fox Tribe refrain from participating in issues pertaining to internal affairs of the CBP Tribe.
12-Discussion was held on appointments to be made to the Housing Authority Board of Directors. Dr. Francis Levier will contact Don Smith, our Tribal Rep. on the Board.
13-John Barrett read a letter from the Tribal Attorney recommending that litigation be brought against John Schoemann for past fiduciary violations. Move to approve Pot. Resolution #86-200 "authorizing the Tribal Attorney to bring suit against John Schoemann and others for monies received because of Schoemann's breach of his fiduciary duty and violations of tribal and federal laws while tribal administrator." Motion passed. Meeting recessed, B.C. reconvened.
14-Move to adopt Pot. Resolution #86-201 and Pot. Resolution 86-202 authorizing Tax Commission appropriations for $10,000 payroll and operating expenses of the tribe not covered by federal programs. Motion passed.
Meeting adjourned.
BC.BCM.Sept.29.1985:
Roll call, meeting called to order.
1-Lori Bowlan, Tribal Rolls Director, submitted 8 applicants for tribal enrollment. Since all applicants met the mandatory blood degree requirements, move to approve Pot. Resolution #86-203 approving the 8 new enrollees. Motion passed.
2-Chairman John Barrett read the minutes of the September 15, 1985 B.C.M. Move to approve the minutes with several additions and corrections noted. Motion passed. Move to recess, motion passed. Meeting reconvened.
3-Discussion was held with Tribal Police Chief Nick Peltier concerning a law enforcement incident involving Tribal Officer Chris Hurley functioning as a cross-deputized sheriff's deputy. B.C. consensus was that Hurley had acted in the line of duty.
4-Francis Levier presented a comparative report on various computer systems under consideration for the tribe. Dr. Levier noted that an accountant has been hired by the tribe. With the new accounting set-up and the purchase of computer equipment, Dr. Levier felt the tribe would be able to save at least $20,000 annually over the cost of an outside firm. Computer equipment will be purchased through the government lease-purchase contract format and the tribe will own it in three years. Dr. Levier will apply for the tax-exempt finance rate. The new computer system will also have the capacity to allow the tribe to "sell computer time" to help offset the purchase expense. After much discussion, move to approve purchase of a System 36 IBM computer. Motion passed.
5-Discussion was held on travel allowances. Federally funded programs have a specific guidelines but administrative officials traveling on non-federal business trips- such as the regional councils- need to have expense money allocated. By sticking with the federal $75 a day per diem system, several committee mbrs have recently been unable to purchase out of town accommodations without spending a great deal of money out of their own pockets. Francis Levier noted for the record, also, that even though we had stuck with the federal allowed per diem, we were unable to get federal rates at most hotels. Move to raise the travel per diem for officials staying in high cost areas to $100 per day. Receipts for amounts in excess of the per diem will be turned in to B.C. and handled on a case by case basis. Motion passed.
6-Discussion was held on the structure and funding of the Tribal Police Force. Francis Levier will be setting up a meeting with the BIA concerning reimbursement for their use of our police officers.
7-Move to hire Washington D.C. law firm of Cotten, Day and Doyle as special counsel for the tribe (Pot. Resolution #86-204) to assist the tribe in getting its proposed charter released from the Department of Interior and to assist in getting the tribe EPA licensed at the same regulatory step as states presently hold. Motion passed.
Meeting adjourned.
BC.BCM.Nov.17.1985:
Roll call, meeting called to order.
1-Reading of the minutes of the Nov. 10, 1985 was waived until the next meeting. 2-Discussion was held on the existing personnel policy's provisions for payment of annual leave to employees who are terminated or quit. Motion to amend the policy to include a provision for payment of accumulated annual leave to full-time employees who leave the tribe's employ after their 90 day probation period has expired. No annual leave will be paid to probationary employees; no employee will be allowed to accrue more than 30 days' leave annually, in compliance with federal regulations. Motion passed.
3-Move to approve Pot. Resolution #86-207 approving five people for tribal enrollment. Applications submitted by the Tribal Rolls Director fall within the guidelines of the tribal constitution's provisions for enrollment. Motion passed.
4-Move to approve a purchase a order submitted by FireLake Golf Course for $2,264.95 for the purchase of pro shop inventory. Motion passed.
5-Move to approve Pot. Resolution #86-209 "Requesting the Commissioner of Indian Affairs to waive 25 CFR sct.271.2r which provides 'That in any case where a contract is let to an organization to perform services benefitting more than one Indian Tribe, the approval of each such Indian Tribe shall be a prerequisite to the letting of such contract' as it relates to contracting of the Shawnee Agency Police services only." The purpose of the Resolution is to apply for funds available through the BIA for law enforcement entities. Motion passed. Meeting recessed. Meeting reconvened.
5-A presentation was made by Ralph Morrison of the Oklahoma Motor Sports Association. B.C. consensus was to discuss Morrison's proposal with the tribe's financial consultant and have a feasibility study on the proposal be part of an economic development study under consideration by the tribe. 6-Bob Seaborn addressed the B.C. on the possibility of locating in a tribal industrial park under consideration. Seaborn is also interested in renting either the Cherry or Talley buildings if the tribe should decide to purchase either of them. Dr. Levier will be making an offer to FDIC on the Talley building; Chairman Barrett is handling negotiations on the Cherry building. Mr. Seaborn will be presenting a financial statement to the B.C. at a later date.
7-After discussion it was the Committee consensus to begin development of a warehouse/rental space building fronting Hardesty Road and located on land presently owned by the tribe if swift purchase of other sites under consideration is not possible.
8-Dr Levier noted that the four-laning of Beard Street in front of the tribal complex has resulted in the city's having an excess of fill dirt to dispose of. It was agreed that the city could dump this fill in the flood plain area near the creek located on trust land.
9-Francis Levier made a motion to move ahead with a cost estimate on a 60x180 commercial building and proceed with the appropriate paperwork necessary to qualify for the Indian Financing Act. Motion passed.
10-Move to appropriate $5,000 to DAC, International to conduct an economic feasibility study for the tribe and its proposed projects. Motion passed. B.C. adjourned to executive session.
BC.BCM.Dec.1.1985:
Roll call, meeting called to order (noted Francis Levier's absence for the record).
1-Chairman Barrett noted for the record the attendance of Bob Davis, Kenneth Peltier and himself at a recent Tax Commission meeting where $39,629.00 was allocated for purchase of the system 36 computer system. The amount will be repaid to the Tax Commission account when the loan (currently in processing) for the computer comes through.
2-Chairman John Barrett read the minutes of the Nov. 10, 1985 B.C.M. Move to accept the minutes, motion passed.
3-Chairman John Barrett read the minutes of the Nov.. 17, 1985 B.C.M. Move to approve the minutes as read, motion approved.
4-It was the consensus of the B.C. to have the CHR and Food Distribution programs supervise the distribution of 3,000 new toys provided to the tribe by the Ayuda prison group in New Jersey.
5-Doug Wagner, Roger Morrison and Ronald Morrison addressed the B.C. on the possibility of constructing a raceway on tribal lands located near Oklahoma City. Their proposal is being submitted to DAC, International, a Washington firm conducting an economic feasibility study for the tribe. 6-Discussion was held on prospective sites for constructing a historical park and providing a site for the original Sacred Heart buildings being turned over to the tribe. Both the Maranantha Baptist Church property and the Mormon Site on S. Beard Street were discussed as possible locations. Meeting adjourned.
BC.BCM.Dec.8.1985:
Roll call, meeting called to order.
1-Move to waive the reading of the previous minutes. Motion passed.
2-Move to approve Pot. Resolution #86-210, authorizing a drawdown of $40,000.00 from interest accrued on the set-aside funds for the Potawatomi Scholarship Foundation. Motion passed.
3-Move to approve Pot. Resolution #86-211, authorizing a drawdown of $40,000.00 from interest accrued on the set-aside funds for the Potawatomi Health Aids Committee. Motion passed.
4-John Barrett gave a review of meetings held during the week with reps of DAC, International who are currently conducting an economic feasibility study for the tribe. Move to approve a recommendation by Rob Burpo, investment counselor for DAC, that will increase the tribe's accumulated interest rate by three percent by placing existing account balances in annuity policies. Motion passed.
5-Move to approve Pot. Resolution 86-212 enrolling six applicants on the tribal roll. Motion passed.
6-It was the consensus of the B.C. to authorize Dr. Levier to begin negotiations with the Bureau of Indian Affairs to certify all Citizen Band allottees as full blood. Discussion was held on the numerous blood degree inaccuracies on our tribal roll and the need to recalculate all tribal members' blood degrees to insure a Citizen Band in perpetuity. If the BIA should reject our proposal, Dr. Levier is to request the Bureau to stipulate who was not a full blood at the time of allotment. Proposal made and passed.
7-Motion to cancel plans for an employee Christmas party and donate $200 for meat for the Title VI Elderly Feeding Program's Christmas luncheon which will be attended by the staff. Employees will be given December 24th off as a paid administrative leave day. Motion passed.
8-PGA representative Jim Awtroy met with the B.C. to submit his findings on the management of FireLake Golf Course. Move to allocate $1,850.00 to Mr. Awtroy to design a management plan and budget for the golf course. Motion passed.
9-Robert Talley met with the B.C. and submitted a proposal for the tribe to purchase his property in Tecumseh. Doyle Owens moved to decline Mr. Talley's proposal, motion passed.
10-Don Diehl met with the B.C. and submitted a proposal to purchase the Maranantha Baptist Church Property. The B.C. delayed action until further study on the proposal.
11-Motion to approve monthly meetings of the Potawatomi health Aids Foundation. Motion passed.
12-Motion authorizing Dr. Levier to write a letter of protest to Indian Health Services protesting their limitation of services to people one-quarter Indian or more. Motion passed. Business Committee went into Executive Session.
Meeting adjourned.
Special Business Committee Meeting Minutes:
BC.SBCM.April.29.1985:
Meeting called to order, roll call. Election Committee was present.
1-Recommendations on the Election Board:1 -Keep politics out of the election.
2-Separate office for the Election Committee. Possible office in the Museum.
3-The need for a full-time person in the office.
2-Discussion was made on how the Secretary was supposed to verify names.
4-HOlder stated that if the Revised Constitution was passed, the tribe would have absentee voting. If it is not passed, the tribe will vote as usual. Also, there needs to be something in the newspaper that if a Tribal Mbr is going to vote in person, they can turn in their blank absentee ballot to the Election Committee.
5-It was discussed that persons running for office can submit material for advertising in the paper to Stan Holder. The filing period is open as of now and are in our 60-day filing period.
6-Motion to appoint the following people to the Election Committee: Gary Bourbonnais, Shiree Randall, Norman Kiker, two others to serve and two alternatives. Motion passed. The oath was administered. This new election committee will be searching for two more mbrs plus two alternatives. 7-While the Election Committee went over their ordinances to make changes necessary, the B.C. met with Larry Allen of Federal National Bank of Shawnee. Discussion was held on the Maranatha Baptist Church land and how it may be necessary to refinance the 16 acres down at the Commodity Food Building for $30,000. The next step would be to take it to General Council. The load would be used to build 25 units for the elderly. HUD will absorb the operational costs. The housing units will be built with handicap equipment. The Shawnee's have given the Tribe easements for roadways, electricity and water.
8-Stan Holder has a bid on a 1980 Plymouth Grand Fury for the Police Department. The cost is $2700.00 and is fully loaded. The car has been repainted and detailed. He wants to the B.C. to give him the go ahead to accept this bid. Discussion was also held on the Citation police car. Stan Holder informed the Committee that the Police Force is in need of weaponry. Different types of guns and ammo were discussed. Chairman Bruno suggested that the B.C. have the police officers Nicki Peltier and Stan Wells appear at the B.C. meeting before we secure the equipment and let them explain.
9-Stan Holder discussed the matter of him going to Washington, D.C. with Billy Walkabout. Mr. Walkabout is going to receive the Congressional Medal of Honor from the President of the United States. Mr. Holder would go to talk about tribal funding. The month of this trip would be in May.
10-The matter of Billy Walkabout being a special guest at the annual pow-wow was discussed. Also, David Soul of Starsky and Hutch may appear as a special guest at the pow-wow.
11-Chairman Bruno stated we needed a motion to rescind Resolution 85-143. Motion made and passed.
12-Motion to accept guidelines for the Home Improvement Program. Motion to accept guidelines. Motion passed.
13-Discussion was held on the National High School Rodeo.
14-Chairman Bruno asked for a motion to pass Resolution 85-150 authorizing Steve Parker to retain Michael Minnis to assist in current litigation against the Tribe and request approval by the Secretary of the Interior. Motion passed.
15-Discussed Election Committee gave a list of 11 things they wanted. Discussion on a few selections of the Election Ordinance were made to point out the changes made by the Election Committee.
16-Section 401: A person filing for office must sign a release disclosure form. Section 402: If filing fee is not paid by the last day of the filing period, their name will not be placed on the ballot. Election Committee would like to drop the 150 name petition. Discussion was held on a possibility of lowering $150.00. Also discussion was held on whether or not a person who filed for office and withdrew would get their filing fee back. It was decided that the filing fee will be paid by Cashier's Check only and made out to the CBPTribe. Section 407: Any candidate for office may withdraw by filing a written notice of withdrawal to the Election Committee at any time not less than twenty days prior to the election. Section 501: Position on ballot will be determined by the order of filing for a particular office. Dates for filing open May 1, 1985 at 8 a.m. and closes May 30, 1985 at 5 p.m. The Secretary of the Tribe can designate a person to accept the filing fee and letter of filing for candidate for office. All filing fees and letter of filing for candidacy will be filed with Secretary-Treasurer of the Tribe.
17-Robert McKinney came to the B.C. to ask for $150.00 for traveling funds for accommodations to go to Washington D.C. for the Vietnam Veterans Organization June 29, 1985. Motion was made to donate from the CBPTribe $150.00 to Robert McKinney for traveling funds at Washington D.C. for Vietnam Veterans Organization meeting. Motion passed.
Meeting adjourned.
BC.SBCM.June.8.1985:
Called to order, roll call.
1-Reasons for the called meeting was that Gary Bourbonnais, Chairman of the Election Committee, received a phone call from a candidate in regards to the article that was to be released in the Citizen Band Potawatomi Tribal Newspaper, the Hownikan.
2-The election event was the main subject and the regards of how the Election Ordinances were being followed was of the most important concern of Judge Lujan, F.F.R. Court.
3-Regardless of what any candidates say, the Tribal newspaper, the Hownikan is to be a non-political and that the Election Committee has the power of screening of the newspaper articles during the election time that is to be sent out to all tribal members.
4-Chairman of the Election Committee Gary Bourbonnais said Judge Lujan praised his Election Committee for the fine job that they were doing as a committee.
5-B.C. Chairman Leon Bruno said he thinks that something should be said in regards to the other paper in quest.
6-Gary Bourbonnais said that the Election Committee has met, and their decision is for the B.C. to reject the article because it was slanderous, derogatory and pointed an accusing finger at certain candidates.
7-Kenneth Peltier, Secretary/Treasurer said he wanted it rejected and withdrawn before it goes to be printed at the press, whether it's the Shawnee News Star, Oklahoma City Times, etc.
8-This article was written up by the Business Manager Stan Holder for the CBPTribe.
9-After more discussion, the Chairman of the Election Committee asked the Chairman of the B.C., Leon Bruno and Richard Whitecotton if they would withdraw the article that was under discussion and they indicated a "yes", they would "if" a disclaimer was printed in its place in the official Hownikan newspaper, and the Election Committee went along with this suggestion. Kenneth Peltier was asked "If" he had any disagreement with this suggestion and the answer was "no".
10-After discussion all three members present of the B.C. were in agreement to write just a brief article. This article is as follows: All articles pertaining to the election have been screened by the election committee. The only publication used to distribute campaign and election is the Hownikan distributed by the CBPToO.
Meeting adjourned.
BC.SBCM.June.30.1985:
Roll call, Special Business Meeting Committee Meeting called to order.
1-After a review of Article VII and Article IV of the newly adopted Tribal Constitution, move to approve Potawatomi Resolution #86-166 "Adopting administrative procedures allowing Dr. Francis Levier to function as Tribal Admin. giving him full authority to make necessary personnel changes, and suspending the current personnel policies." The resolution appoints Tribal Secretary Kenneth Peltier "to coordinate the Finance Department with Dr. Francis Levier and Finley and Cook (Tribal) CPA's" and repealed preset personnel policies which inhibit necessary personnel changes. Motion passed.
2-Newsly elected Chairman John Barret noted that historically Tribal Chairmen had set their own policy as to whether or not they would vote on issues other than to break a tie. Chairman Barrett requested that the record show he intended to vote on all issues other than those placing him in a conflict of interest situation.
3-Noted that a resignation had been handed in by Tribal Business Manager Stan Holder and moved that the B.C. accept it. Motion passed.
4-Move that Pat Sulcer be made Assistant Admin in charge of the Tribal newspaper, public relations and regional coordination. Motion passed.
5-Move to eliminate the Tribal Business Manager's position and reinstate the position of Tribal Administrator. Motion passed.
6-Motion made to hold in abeyance for review all proposed referendum issues and budgets. Motion passed.
7-Move to release a check for $7000 to the Indian Legal Resource Center, Inc. for contractual development of various tribal codes. Motion passed.
8-Move that liability insurance be purchased for the elected officials of the Tribe. Motion passed.
9-Move that attorney Steve Parker be asked to submit his resignation as Tribal Attorney and that Tribe obtain alternate legal counsel. Motion passed.
10-MOve that the contract between Tom Knight and the former Business Committee be deemed invalid for lack of approval by the Secretary of the interior and that not further compensation be paid to Knight. Furthermore, if the contract had been paid for in advance that legal avenues for recovery be pursued. Motion passed.
Meeting adjourned.
BC.SBCM.Aug.13.1985:
Roll call (Chairman not in attendance yet), meeting called to order.
1-Secretary-Treasurer Kenneth Peltier read the minutes of July 29, 1985 meeting. Noting a correction. Motion to approve minutes as corrected, motion approved.
2-Move to rescind Pot. Resolution #85-164 which authorized Stan Holder to negotiate contracts for the HIP and CTGP programs and authorized Leon Bruno to implement them. Motion passed.
3-Move to adopt Pot. Resolution #86-177 authorizing contracts for the Community Health Representative Program for 1986. Motion passed.
4-Noted that Shiree Randall had contacted Kenneth Peltier in regards to a position with Tribal Rolls. Dr. Levier noted that she had not filed an application and that the job had been filled with the hiring of Lori Bowlan. Chairman arrived, and turned meeting over to him.
5-Review was held on a new personnel policy. Several revisions were made and it was noted for the record that precedent setting policy was being made with the adoption of the policy which includes in part statements..."Specific duties prescribed for the Chairman: "general supervision of the affairs of the Council and of the Business Committee" (Article 5, Section 2) confer direct authority over the administrative affairs of the Tribe except where limited by the record keeping and financial duties prescribed for the Secretary/Treasurer, who "shall have custody of all of the records and papers of the Council...authenticate all accounts or orders of the Council...receive all monies of the Council and keep an accurate account of the receipts and disbursements" (Article 6, Section 4). The Constitution implies direct employment by the Tribe of these two elected officers, given the extensive nature of the Tribe's business affairs. Also conferred by the Constitution is the authority to appoint sub-committees and rep's to act for the B.C. and its officers. It is from this authority that the Tribal Admin was created. The Tribal Administrator functions under the authority granted to the Chairman, with the advice and consent of the B.C. The accounting functions and the employment of the auditors for the Tribe fall under the definition of "affairs of the Council and of the B.C." and are specific functions of the Secretary/Treasurer under the "general supervision" duties of the Chairman who acts with the advice and consent of the B.C...."Move to accept Pot. Resolution #86-180, with recommendations of the B.C. implemented, approving a new personnel policy for the CBPTribe. Motion passed.
6-Chairman John Barrett also noted for the record that he would like to see the approved drawdown for the Scholarship and Health Aids Committees placed in a money market account at a local bank.
7-Move to accept Pot. Resolution #86-181 submitted by Tribal Rolls Departing approving 13 people for tribal enrollment. Motion passed. 8-After discussion it was agreed that a meeting between Finley and Cook Accounting Firm and the B.C. should be set up. Francis Levier will take care of it. 9-Copies of the ANA continuation proposal were submitted to the B.C. for their review.
10-Discussion of the makeup of the constitutionally mandated Removal and Recall Ordinance was held. Francis Levier will contact Browning Pipestem to draft a sample ordinance. Bob Davis had to leave the meeting.
11-Chairman Barrett requested Ken Cadaret research possible funding sources for safety devices for tribal mbrs' homes.
12-Move to appoint Kathleen Kiker as the Tribal Rep to the Title VI Council on Aging; Motion passed.
13-Move that Dr. David Edmunds be adopted into the tribe as an honorary Citizen Band Potawatomi and a reception be held in his honor in the Fort Worth area. He also moved that Dr. Edmunds be named our official tribal historian due to his extensive research on the tribe and that Jean Larue Miller be named the Honorary Tribal Archivist. Pat Sulcer will handle the details and paperwork. Motion passed.
14-Chairman Barrett noted for the record on the previous motion that according to the constitution all appointments and subcommittee establishments are at the discretion and will of the B.C.
15-Move to approve the purchase of five golf carts for FireLake at an estimated cost of $750 a piece; motion approved.
16-Discussion was held on revising the tribal seal for historical accuracy. Francis Levier will discuss matter with Beverly Hughes, who designed the original seal.
17-John Barrett moved to appropriate $1000 to finish turning the old council house into a guest house by October 1, 1985. Motion passed.
Meeting adjourned.
BC.SBCM.Aug.21.1985:
Special Business Meeting was called to order for the purpose of
1-Adopting Pot. Resolution #86-182,
2-reapproving Pot. Resolutions #86-166 through #86-181. These are all resolutions adopted by the seated B.C. since the June 1985 election, which was authenticated in CFR Court as a valid election by Judge Phil Lujan on Aug. 20. Motion to approve Pot. Resolution #86-182, motion passed. 3-Move to approve Pot. Resolution #86-183, approving the budget for the Denver regional council; Motion passed.
Meeting adjourned.
BC.SBCM.Sept.3.1985:
Special Meeting was called to order. Roll call.
1-An immediate funds were needed for the Scholarship Program. Motion for the CBPTribe to do an emergency draw down for the amount of $12,700 from tribal funds for the Scholarship Program needs.
Motion passed.
BC.SBCM.Sept.10.1985:
Special Business Committee Meeting called to order. Roll call.
1-Motion to pass a resolution #198 to authorize a draw down of $12,700 from the interest accrued on the 20% set aside for the Scholarship Program. Motion passed.
2-Motion to pass a Resolution #199 implementing a lease with the Absentee Shawnee Housing Authority on 6.9 acres of land to be used for H.U.D. Project No. OK 953091022 which consists of 25 elderly low rent housing units. Motion passed.
Meeting adjourned.
BC.SBCM.Oct.24.1985:
Special Business Meeting, roll call, meeting called to order.
1-Move to waive the reading of the minutes until the next regular scheduled meeting. Motion passed.
2-Move to accept Resolution #86-206 authorizing Chairman John Barrett, or Secretary-Treasurer Kenneth Peltier, or Vice-Chairman Doyle Owens to sign grazing lease #4883 pursuant to memorandum dated September 20, 1985 from Retha Murdock. Motion passed.
3-Motion made to set the official stand of the Potawatomi Business Committee, to be that we are not interested in joining the Five Tribes joint court system. The Citizen Band Potawatomi Tribe will maintain the CFR Court as the Tribal Court and upon approval of codes and ordinances for the court system these codes and ordinances will be submitted to the Secretary for approval and implementation for the CFR Court on behalf of the Potawatomi Tribe. Motion passed.
Meeting adjourned.
BC.SBCM.Oct.31.1985:
Special Business Committee Meeting called, roll call.
1-Discussion took place on the reaffirmation of the persons who were approved for H.I.P. assistance. 14 applicants were approved for assistance during 84-85. We have received continuous updates on the progress of the homes. Motion was made to reaffirm the previously approved 14 homes to receive H.I.P. assistance. Motion carried.
2-Motion was made to pass Resolution #86-206 acknowledging receipt of the law and order codes which were drafted for the Five Tribes of the Shawnee Agency, and reaffirming the CFR Court as the CBP Tribal Court. Motion passed.
Meeting adjourned.
BC.SBCM.Nov.10.1985:
Special Business Committee Meeting. Roll call, meeting called to order.
1-Chairman John Barrett read the minutes of the Sept. 29, 1985 B.C.M. Move to approve the minutes with one correction. Motion passed.
2-Chairman John Barrett read the minutes of the special business committee held Oct. 24, 1985. Move to approve the minutes with one addition. Motion passed.
3-Chairman John Barrett read the minutes of the special business committee meeting of Oct. 31, 1985. Move to approve the minutes as read. Motion passed.
4-Pot. Resolution #86-207 approving applications for tribal enrollment was tabled on the motion of Francis Levier until the Tribal Rolls Director could be present. Motion passed. B.C. recessed. B.C. reconvened.
5-Move to approve Pot. Resolution #86-208, approving a $40,000 appropriation from the Tax Commission to General Account. Motion passed.
Meeting adjourned.