1987 Business Committee Meeting Minutes
Date1987
ClassificationsArchive
Object numberBC.BCM.1987
DescriptionBusiness Committee Meeting MinutesJanuary 5 - Business Committee Meeting
January 12 - Business Committee Meeting
January 29 - Business Committee Meeting
February 2 - Business Committee Meeting
February 9 - Business Committee Meeting
February 24 - Business Committee Meeting
March 9 - Business Committee Meeting
March 23 - Business Committee Meeting
April 14 - Business Committee Telephone Meeting
April 27 - Business Committee Meeting
May 11 - Business Committee Meeting
May 27 - Business Committee Meeting
June 18 - Special Business Committee Meeting
July 1 - Business Committee Meeting
July 19 - Business Committee Meeting
July 28 - Special Business Committee Meeting
August 27 - Business Committee Meeting
September 30 - Business Committee Meeting
October 14 - Executive Business Committee Meeting
October 18 - Business Committee Meeting
November 25 - Business Committee Meeting
Collections
Finding AidRegular Business Committee Meeting Minutes:
BC.BCM.Jan.5.1987:
Roll call, (By telephone: Councilman Bob Davis and Vice-Chairman Doyle Owens). Meeting called to order.
1-Motion to pass Resolution #87-46 authorizing formal offer be made to purchase the assets of SROOC Incorporated in behalf of the Citizen Band Potawatomi Indian Tribe of Oklahoma and authorizing Chairman John Barrett to sign the pre-agreement on offer letter. Motion passed.
Meeting adjourned.
BC.BCM.Jan.12.1987:
Roll call, meeting called to order.
1-Move to approve the minutes of Nov. 24, 1986. Motion passed.
2-Move to approve the Dec. 16, 1986 minutes after corrections made. Motion passed.
3-Move to approve the Committee minutes of Dec. 22, 1986 Motion passed.
4-Move to approve the minutes of Jan. 5, 1987 meeting. Motion passed.
5-After individual review of the applicants submitted, move to approve Potawatomi Resolution #87-48 accepting three qualified applicants for enrollment in the tribe. Motion passed.
6-Move to authorize the tribal admin to approach two tribal members about the possible tribal purchase of 463/5040 of the Alexander Rhodd allotment for a maximum purchase of $2,000.00. Motion passed.
7-After review of the Dept. of Interior's suggestion concerning the proposed tribal constitutional amendment, move to approve Potawatomi Resolution #87-49, mandating consecutive election of Grievance Committee Members (as well as B.C. Mbrs).
8-After discussion of indigenous inaccuracies in the tribal seal, Committee consensus was to ask Beverly Hughes (the original creator of the seal) to submit draft revisions to the Committee reflecting the traditional woodland flower and vine pattern as well as a single red border.
9-It was announced that the tribe's litigation with the bingo management firm, Enterprise Management Consultants, Inc., has been given a trial date for April 6, 1987.
10-Move to increase the amount the tribal admin was authorized to approve for non-contractual and non-major tribal expenditures to $1,000. Motion passed.
11-John Barrett proposed the tribe look into the possibility of selling K-1 kerosene at the Tribal Store.
12-Reported that piers and sewers will be installed this week at the pow-wow grounds.
13-Discussion was held on the necessity for review, update and coalition of the tribe's regulations and ordinances.
14-Discussion was held on a letter received from St. Gregory's concerning their donation to the tribe of two buildings currently located at Sacred Heart. Discussion was also held on the Bourbonnais cabin, which has been allowed to deteriorate. Chairman Barrett will be contacting the Bourbonnais' regarding tribal renovation and relocation of the cabin.
15-Discussion was held on the Elderly Housing and Activity Center.
16-Move to put the issue of financing the historical project (including the Bourbonnais and Sacred Heart Building) to referendum vote of the Council this June. Motion passed.
17-Discussion was held on FireLake Golf Course maintenance and management.
18-Move to approve Potawatomi Resolution #87-50 incorporating both tribal and Department of Interior changes in the proposed charter and constitutional revision. Motion passed. Business committee went into Executive Session. Reconvened.
19-Discussion held on economic development priorities and governmental legislation affecting the tribe.
Meeting adjourned.
BC.BCM.Jan.29.1987:
Only says "Citizen Band Potawatomi Tribe" at top, forgot to put Business meeting. Roll call, meeting called to order.
1-Move to waive the reading of the previous minutes. Motion passed.
2-After review of the applications, move to approve Potawatomi Resolution #87-51 accepting two applicants for tribal enrollment. A third applicant will be advised they are high enough in blood degree to enroll with the Osage Tribe.
3-Discussion was held on the importance of preserving tribal government documents for archives. Secretary Kenneth Peltier will be preparing copies of all Committee minutes and resolutions for use by the tribal archives and tribal judges.
4-Discussion was held on the Absentee Shawnee Housing Authority's refusal to act on the appointment of the Potawatomi appointment to the Housing Authority.
5-Move to approve the Potawatomi Resolution #87-52 appointing the 1986 Tribal Election Committee as the 1987 Election Committee. Motion passed. The Election Committee will be serving as the tribe's reps for the Secretarial Election coming up in the near future and conducted the annual tribal election in June.
Meeting adjourned.
BC.BCM.Feb.2.1987:
Roll call, meeting called to order.
1-Chairman Barrett swore in the members of the 1987 Election Committee. The Committee was then addressed by BIA officer Ed Herndon regarding their roll in the upcoming Secretarial Election.
2-A B.C./Election Committee joint review of the revised 1986 Election Ordinance was conducted and several changes made by consensus of both groups. The revised ordinance will be run later on in the How-ni-kan.
3-Move to approve the Jan. 12, 1987 B.C. minutes as read. Motion passed.
4-The B.C. is to meet at 7:30 a.m., Feb.4 to conduct a tour of potential future economic development site purchases.
5-Discussion was held on a proposal submitted from an individual wanting to draft and hand-carry the tribe's HUD proposals through the grant procedure. Francis Levier will discuss consultant wages with the applicant and report back to the Committee.
6-Discussion was tabled on purchase of cash registers for the Tribal Store. Meeting recessed. Reconvened with Election Commission present.
7-Move to approve adoption of the 1987 Election Ordinance as revised by the joint committee session. Motion passed.
Meeting adjourned.
BC.BCM.Feb.9.1987:
Roll call, meeting called to order.
1-Discussion was held on the recent Oklahoma Tax Commission levy against Chairman Barrett. B.C. went into executive session to discuss the impending litigation.
2-Upon reconvening, move to approve Potawatomi Resolution #87-53, authorizing Michael Minnis to represent the tribe, its elected officials, employees and agents in any tribally related litigation arising from the Oklahoma Tax Commission. Motion passed.
3-Pursuant to Resolution #87-53, move to authorize Michael Minnis to assist John Barrett in preparing a response to the Oklahoma Tax Commission's levy of $2.6 million against John Barrett personally. Barrett has never done business as the Tribal Store and does not profit from the Tribal Store's cigarette sales. Motion passed.
4-*Confidential Kenneth Peltier moved to send a non-binding letter of commitment to Bill Yarbrough. Motion passed.*
5-MOve to hold the scheduled Tribal Store construction be held in abeyance until the state Tax Commission issue is cleared up. Motion passed.
6-Francis Levier will be sending a letter to the Sac and Fox Tribe requesting an appraisal on the CTSA building.
7-Discussion was held on the need for additional personnel in the accounting department. Francis Levier will present a cost projection at the next meeting.
8-Move to place the tribe's $283.71 share of IIM funds into an annuity. Motion passed.
9-Bob Shapiro gave a report on various economic development projects being investigated by his department.
Meeting adjourned.
BC.BCM.Feb.24.1987:
Roll call, meeting called to order.
1-Move to approve the Feb. 9, 1987 minutes after correcting a resolution number. Motion passed.
2-Move to approve the waiver of signature for IIM monies for a tribal member, aged 91, upon presentation of proof that her children or someone else holds power of attorney for her. Motion passed.
3-Move to authorize the BIA to complete authorized work and release payment funds for the tribe's Housing Improvement (HIP) Program; and authorizing the BIA to administer the program from here on. Motion passed.
4-Francis Levier will be submitting various proposals to the B.C. for consideration of next year's Consolidated Block Grant program CDBG(Community Development Block Grant).
5-It was announced that tribal Mbr Earl Lawson has retired from the Prosthetics Foundation. Several replacement candidates were nominated and will be contacted by Dr. Levier.
6-Tribal attorney Michael Minnis will be drafting a resolution for the B.C.'s perusal authorizing tribal defense of employees, elected officials and appointees in litigation stemming from circumstances of their tribal employment or election. B.C. went into Executive Sessions.
Meeting adjourned.
BC.BCM.March.9.1987:
Roll call, meeting called to order.
1-Move to change the scheduled order of the agenda. Motion passed.
2-Mr. Bradford requested a tribal donation of funds for the Potawatomi Softball Team. $100 is needed for equipment, $500 for registration and $300 registration if team makes the finals. Move to approve the allocation of $900 from the Potawatomi Activity Fund, with the various check amounts made payable directly to the billing parties. Motion passed. If the team wins the trophies will be presented to the Tribe.
3-John Barrett requested that all correspondence, legal briefs, etc., pertinent to the tribe's litigation with the Oklahoma Tax Commission be codified and a copy placed in the archives as well as the Tribal Court chambers.
4-Move to approve the minutes of the Feb. 24 B.C. meeting be approved as read. Motion passed.
5-Move to approve the minutes of the Feb. 2 B.C. meeting as read, motion passed.
6-Move to approve the January 29 B.C. minutes as read, motion passed.
7-Bob Davis nominated Kenneth Peltier to replace him as the B.C. rep to the Tribal Health Aids Committee. Mr. Davis is resigning due to personal time conflicts. Motion passed.
8-Discussion was held on a letter to the tribal attorney from the bingo management group. After discussion of the group's counterproposal to the tribe's settlement proposal Kenneth Peltier moved to instruct the attorney that the counterproposal is totally unacceptable in every way, pointing out that the management group does not have a valid contract but continues to operate illegally, and that the tribe desires compensation for lost revenue and the management group vacate the tribal premises. Motion passed.
9-After review of codes and ordinances adopted by the tribe, move to approve Potawatomi Resolution #87-54 confirming adoption of all previously adopted codes and ordinances (due to the fact that several documents lacked confirmation signatures despite acceptance action reflected in previous minutes). Motion passed.
10-Discussion was held on proposed contract modification to the tribe's CTGP (Consolidated Tribal Government Program) block grant. Consensus was to approve a modification providing for adjustments to police, tribal rolls and museum salaries, as well as provide additional lighting and alarms for the museum.
11-Beverly Hughes and Jo Cunningham are to be sent a copy of the bingo ordinance and Swimmer's requirements for bingo operations, due to their reported conflict of interest. B.C. recessed. Reconvened in Executive Session.
Meeting adjourned.
BC.BCM.March.23.1987:
Roll call, meeting called to order.
1-Consensus was to waive the reading of the previous minutes.
2-Tribal Rolls Secretary submitted Potawatomi Resolution #87-55 approving two applicants for enrollment for Committee consideration. After review of the applicants' files move to approve. Motion approved.
3-Purchase of chairs and tables for the Long Room approved by referendum last year. The low bid received $13,613.57. Move to approve the allocation of funds. Motion passed.
4-It was announced that April 6 was the hearing date set by Judge Bohannon for the litigation between the tribe and the bingo management group EMCI.
5-After review, move to approve Potawatomi Resolution #87-56 authorizing application for a 1987 CDBG (Consolidated Block Grant) grant. Motion passed. Total amount applied for is $350,000. Committee went into Executive Session.
6-Move to appoint Kay Coffey as replacement for Earl Lawson who is retiring from the Health Aids Foundation. Motion passed.
7-Discussion was held on rates for space rental during the pow-wow. Move to set the rates at $7.50 fora large space and $3 fora small and no charge for tents. Motion passed. Proceeds go to the PIP Club.
8-After discussion of the increase in Workman's Compensation rates, move to instruct Francis Levier to prepare guidelines and codes to be implemented in a tribal based compensation fund. Motion passed.
9-Francis Levier reported the tribe was eligible for $5,250 in funds received in a penalty against the Kerr McGee Co. Funds must be used for weatherization, energy assistance, handrails for porches, etc. Applications for assistance are to be submitted to Bob Dunning's office, with a $50 maximum allowed each eligible applicant.
10-Francis Levier reported that the tribe's oil royalties managed by the BIA totaled $283.71 for the year. Funds will go to General Account.
11-Discussion was held with the Grievance and Election Committees on anti-referendum letters currently being circulated by anti-administration individuals. The following points were made in answer to questions:
1-Mildred, Vicki, and Nicki Peltier no longer work for the tribe.
2-Extended B.C. terms are being proposed to lend stability to economic development proposals-a concern since 1971.
3-The tribe, according to state tax records, is getting less than 18 percent of the proceeds of the bingo operation from the current management group. The Shawnee Tribe's recently owned operation pays that tribe 60 percent. Our management group has never had a valid contract with the tribe and has refused to come into compliance with Interior guidelines. Thus the current litigation to remove them.
4-Concerning Dr. Shapiro's work with the tribe: He is employed as a consultant. In the past he worked as a consultant for 125 days for Barrett Refining-he has never worked for both entities at the same time.
5-The non-Indians who formerly ate lunch at the tribe's Title VI program were removed from the program by USDA-despite the tribe's protest. Tribal employees helped place those elderly removed in other community feeding programs.
12-A joint committee review of the proposed charter was conducted so that all elected and appointed officials understood the provisions of the charter; specifically, access to the Indian Revolving Credit Fund.
Meeting adjourned.
BC.BCM.April.14.1987:
Roll call by telephone, meeting called to order via conference all.
1-In honor of Vice Chairman Doyle Owens, who passed away April 13, 1987 (yesterday) the flags are to be flown at half mast. He will be missed in many ways by the rest of the B.C., his fellow workers and tribal members.
2-Consensus to waive the reading of the previous minutes.
3-Move to approve Pot. Resolution #87-58, authorizing the tribal attorney to file a Writ of Mandamus and other Admin. and judicial appeals regarding the case of Potawatomi Tribe vs. Enterprise Management Consultants, Inc. (the bingo operators). Motion passed.
3-Move to approve Pot. Resolution #87-59, to contract fiscal year '88 Law Enforcement Funds from the BIA. Motion passed.
4-Move to approve Pot. Resolution #87-60, to contract fiscal year '88 Tribal Court Funds from the BIA. Motion passed.
5-Move to approve Pot. Resolution #87-61, to retain Benesch, Friedlander, Coplin and Aronoff as special bond consultants. Motion passed.
6-Francis Levier announced receipt of a library grant in the amount of $3,572.00 which will be used for purchasing micro-fiche for the Tribal Rolls reader machine.
Meeting adjourned.
BC.BCM.April.27.1987:
Roll call, meeting called to order.
1-Francis Levier moved to leave the office of Vice Chairman open in honor of the late Doyle Owens. A successor will be elected by the tribal membership in the June election. Motion as Potawatomi Resolution passed #87-62.
2-Move to adopt Potawatomi Resolution #87-63, designating the scheduled museum addition as the "Doyle Owens Memorial Wing". Motion passed.
3-After consultation with the Election Committee, move that 3 amendments be made to the 1987 Election Ordinance. Motion passed.
4-Move to approve Potawatomi Resolution #87-64 instructing the Election Committee to add provisions for amending the constitution to utilize a new formula for determining blood degrees, as well as providing a Council vote on allocation of funds for renovation of the Sacred Heart buildings and adoption of the 1986-97 Admin. Guidelines for utilization of set-aside allocations approved by Council. Motion passed.
5-Move to appoint Bob Davis as the Business Committee Representative to the Potawatomi Scholarship Foundation; motion passed.
6-Move to waive the reading of the past minutes until the next Committee Meeting, motion passed.
7-After review, move to approve General Council allocations #87-11 for cart path expenses; #87-15 for pow-wow grounds, maintenance supplies and construction salaries and #87-13 for maintenance supplies and Long Room ceiling renovations. All allocations area based on funds appropriated by the 86-87 referendum budget vote. Motion passed. Allocation #87-12 was tabled for further documentation.
Meeting adjourned.
BC.BCM.May.11.1987:
Roll call, meeting called to order.
1-B.C. consensus was to change the order of the agenda.
2-A request from a tribal Mbr for permission to run a concession stand at the tribal Swap Meet was reviewed. Move to approve the request on the condition that the applicant receive IHS Inspection and a license from the Tribal Tax Commission. Motion passed.
3-Following discussion on rental of the tribal pow-wow grounds to other organizations, move to charge $100 rental fee per day/night and a $50 returnable clean-up and damage deposit. Renters will be responsible for their own security and clean-up on the grounds. Motion passed.
4-The B.C. instructed Tax Commission Director Ed Wilson to draft a Potawatomi License Plates ordinance for Committee perusal. The action was take as a result of the Oklahoma Tax Commission's attempt to sell "tribal vehicle license plates" to all Oklahoma Tribes. The state's action, following the Sac and Fox Tribe's victory in the courts to issue their own license plates, is being viewed as another attempt by the state to assume jurisdiction of the tribes. Move to have Wilson draft an appropriate ordinance for issuing plates to the tribe and tribal members living on trust land. Motion passed.
5-The B.C. agreed to send a letter to the Oklahoma Indian Affairs Commission declining an invitation to meet together "until appropriate action is taken by the State in the state tax commission's case against the tribe and legislation is adopted recognizing the tribe-state government to government relationship."
6-Patrick O'Connor, tribal Mbr and nationally recognized sculptor, addressed the B.C. on the possibility of creating an eight foot bronze statue for the tribal grounds. Mr. O'Connor has volunteered his time and would only ask for expenses, thus a sculpture normally costing $120,000 could be had by the tribe for approx. $30,000. Move to have Mr. O'Connor submit preliminary sketches. The B.C. will seek funding sources for the project. Motion passed.
7-Assistant Admin Pat Sulcer gave a report on the deteriorating condition of the existing original buildings at Sacred Heart. It was noted that residents of the Konawa-Sacred Heart community had shown an interest in preserving and securing the site to prevent further desecration. Committee consensus was to schedule a meeting with the Abbott and all other interested parties.
8-Move to approve Potawatomi Resolution #87-65 notifying the Senate Select Committee on Indian Affairs of the tribe's opposition to Senator Melcher's proposed bill #1039 that would suspend tribe's ability to tax. A dissertation on the state and municipal right to tax non-residents as correlated to tribe's tax on bingo and cigarettes. Motion passed.
9-Move to approve the March 9, 1987 Business Committee minutes as read. Motion passed.
10-After discussion of the 1987 Pow-Wow, move to allocate $8,000 for prize money for the annual pow-wow. Motion passed.
11-Move to approve the Committee minutes of March 23 as read, with one amended sentence. Motion passed.
12-Move to approve the minutes of the April 14 B.C. meeting as read. Motion passed.
13-Move to approve the April 27 minutes as read. Motion passed.
14-After reviewing the contract for Tribal Attorney General, move to approve with $300 a day limit set for compensation. Motion passed. Committee recessed then reconvened.
15-Move to approve Set-Aside Appropriation #87-16 for $11,197.91 for construction of the showers and restroom facilities at the pow-wow grounds. Motion passed.
16-Appropriations 87-11 and 87-12 were tabled until the next meeting pending authorized back-up information.
17-Move to approve Potawatomi Resolution #87-66 authorizing Francis Levier to be the tribal sign-off representative on IHS installed septic tanks. Motion passed. Committee went into Executive Session.
Meeting adjourned.
BC.BCM.May.27.1987:
Roll call, meeting called to order.
1-Tim Lowry of a newly formed Sacred Heart preservation society addressed he B.C. on concerns of the Sacred Heart/Konawa community regarding the tribe's plans to move three buildings from the Sacred Heart site. According to Lowry, his organization has held several meetings and has scheduled a Sacred Heart clean-up day. The B.C. consensus was that a joint project between Lowry's group, the Tribe and St. Gregory's would be the best solution to the concern over the desecration and vandalism occurring at Sacred Heart. Lowry will address the B.C. with a proposal for security and renovation at a later date. Plans to move the existing buildings from the site will be put on hold for the present time in order to see whether or not renovations and security can be arranged at the site.
2-Tribal Store Manager Jan Gale addressed the Committee concerning the agenda for the store's ribbon cutting celebrating the new expansion.
3-Tribal Rolls Director Ava DeLeon submitted requests and documentation from six applicants for enrollment and a request for recension from the tribe in order to qualify for Chippewa enrollment. Move to approve Potawatomi Resolution #87-67 rescinding a member's enrollment from the Citizen Band so they may be considered for enrollment from the CB so they may be considered for enrollment by the Chippewa Tribe. Motion passed. Move to approve Resolution #87-68, accepting six qualified applicants for enrollment. Motion passed.
5-Discussion was held with the Election Committee concerning Hilton Melot's filing for tribal office and his sister's previous appointment to the Election Commission. The Election Commission was appointed, according to ordinance, before Mr. Melot filed for office. Consensus was that the B.C. and Election Commission would be suspect if they amended the Election ordinance at this late date, as well as suspect if they didn't. Election Commission chairman Norman Kiker assured the B.C. that Melot's sister would be in no position at any time to jeopardize the election outcome.
6-Discussion was held on the set-aside budget to be voted on by referendum. Set-aside funds may only be allocated for the following categories (as mandated by Congress):Maintenance; Economic Development and Land Acquisition. Admin. guidelines established in 1984 will remain the same for set-aside expenditures approved this year.
7-Move to approve $700 be allocated for travel expenses from the Tribal Attributes fund for the pow-wow princess. Motion passed.
8-Move to waive the reading of the previous minutes, motion passed.
9-Move to approve an Oklahoma Natural Gas Company easement for gas hook-up to the elderly housing project; motion passed.
10-Move to approve Potawatomi #87-69 "opposing vehemently a draft bill submitted by Governor Bellmon" to his "blue ribbon commission" on Indian sovereignty. Copies are to be sent to Bellmon, our Congressmen and the Senate Select Committee on Indian affairs. Motion passed.
11-B.C. consensus was to pay Election Commission members $50 when they covered the office for Kenneth Peltier during the filing period for tribal office.
12-After review of two proposed Recall and Removal ordinances, the B.C. selected the draft ordinance submitted by Michael Minnis and made the following changes: Subsection 4-107-add appeal provisions from Art. 9, Section 3, of the Constitution; Subsection 4-102-add numbers of codes to be used in defining misconduct in office. Committeemen also moved to strike banishment as a punishment from all criminal reference codes. Motion passed.
13-Move to make the following amendments to the tribal criminal codes: #234 (a)- strike the words "not his or her spouse"; #233 (a) strike the words "who are not husband and wife." Motion passed.
14-After selecting the criminal codes to be used to define misconduct in office, move to adopt the 1987 Recall and Removal Ordinance pursuant to the tribal constitution. Motion passed.
15-Upon reconvening after an Executive Session personnel discussion, John Barrett moved to have the record reflect the fact the tribe had never paid either Pat Sulcer or Francis Levier Annual Leave or Severance pay when the two were terminated by a previous admin. in March, 1985. Motion passed. The money in question is for accumulated "leave" time never used by Levier and Sulcer. Tribal policy has been to compensate employees financially for unused leave time in the past.
BC.BCM.Aug.27.1987:
Roll call, meeting called to order.
1-The Chairman reviewed the rules of conduct for committee meetings.
2-The minutes of July 1 meeting were read and approved. Motion carried.
3-Minutes of July 19 committee meeting read, with one correction, motion approved.
4-Minutes of July 28 meeting were moved to approve as read.
5-Tax Commission minutes of July 28 were read approved with one correction
6-The B.C. approved Potawatomi Resolution #88-24 by consensus, approving four qualified applicants for tribal enrollment.
7-The order of the agenda was amended to allow Father Michael Roethler of St. Gregory's College to give a presentation.
8-Father Roethler pointed out that statistically Native American children drop out of school most often in either 8th or 10th grade. His proposal (also made to the Kickapoo Tribe) is to establish a list of Potawatomi blood school age children, as well as a list of concerned, successful Potawatomi adults who would be willing to serve as adoptive sponsors to the youth. He can provide college age students willing to serve as tutors for $3.50 an hour. His proposal is to find "tutorial pool" funding, as well as matching successful adults "who give a damn" with children "who might otherwise fall through the cracks." Father Roethler will start the pool with a $1,000 donation of his own. Discussion was held by the B.C. with the Chairman pointing out that there will be a substantial increase in school age tribal membership if the proposed descendency amendment is approved. The Committee agreed to discuss the issue further and get back with Father Roethler within 2 meetings of the Committee.
9-Discussion was held on receipt of BIA funding for the tribal court and approval of the tribal attorney general's contract.
10-Move "that a formal hearing be held for the purpose of inquiring the removal of Toby Kinslow as Vice Chairman of the B.C. for misconduct in office." Motion passed.
11-Move "that a formal hearing on the proposed removal of Toby Kinslow as Vice Chairman of the Business Committee for misconduct in office be held in these chambers (the Long room) on Sept. 30, 1987, beginning at 10 a.m." Motion passed.
12-Chairman John Barrett presented Kinslow with a formal notice of the hearing to consider his removal from office, a bill of the particular charges against him and advised him of his rights under the tribal constitution and removal ordinance.
13-Move to appoint Robert Schmidlkofer to replace Bob Davis on the tribal Grievance Committee. Bob Davis moved to close nominations as was appointed by acclamation, pending his acceptance of the position. Meeting Adjourned. Along with minutes Formal notice and information for Toby Kinslow, and a revised "Tribal Attorney General Contract."
BC.BCM.Sept.30.1987:
Roll call, meeting called to order.
1-Barrett noted for the record that Vice Chairman Toby Kinslow was suspended from the B.C., effective that day, as a result of a hearing of misconduct charges held earlier that day. 6 hours of testimony was taken from 14 witnesses and the B.C. unanimously agreed that Kinslow had committed 5 acts of criminal defamation and one act of obstructing governmental function while in office. Kinslow is suspended pending his right to appeal to the Tribal Supreme Court in a timely fashion. If he does not appeal he will be officially removed from office and a successor named by the B.C. to replace him until the June 1988 election.
2-After evidence was presented by Tribal Rolls Director Ava DeLeon, move to approve Potawatomi Resolution #88-08 enrolling 5 applicants for enrollment; 3- Pott. Resolution #88-09 rescinding a current tribal Mbrs membership at his request, in order for him to join the Chippewa Tribe. Both resolutions passed.
4-Discussion was held on possible new formats for Regional Council meetings including language lessons, historical workshops, Pow-Wow protocol, BIA Business Loans, etc.
5-Chairman Barrett noted he had been contacted by Don Perrote who may be doing a recording with Jim Messina of Potawatomi children's songs. Perrote is requesting the tribe's endorsement to assist him in funding efforts. Move to have Francis Levier contact Perrote and ask him to send a copy of his script before they decide to endorse the project Motion passed.
6-The B.C. unanimously approved Potawatomi Resolution #88-10 approving acceptance of a $3,600 Department of Education Library Grant.
7-Move to approve Potawatomi Resolution #88-11 requesting the BIA establish a new method of distribution for scholarship funds and withdrawing approval of BIA reduction in services. With the new federal regulations many Potawatomi who could not qualify for BIA financial educational assistance because of the blood degree requirement formerly imposed, may not be eligible for assistance. The BIA has tried to allocate funds by tribe based on prior usage by a particular tribe. The BIA would then force the agency tribes to contract the funds under CTGP. The tribe is vehemently opposed to that method of distribution of funds. Motion passed.
8-Move to approve Potawatomi Resolution #88-12 requesting contractual agreement for funding a $24,585 alcoholism program for the tribe. Motion passed.
9-Move to adopt the previously submitted Potawatomi Tribal Vehicle License Act. Only tribally owned vehicles will be affected under this license plate act. Motion passed.
10-Move to change the tribe's current insurance carrier to a "self-insurance" policy designed for the tribe by New York Life. Motion passed.
11-An agenda item concerning golf course status was tabled until next meeting. Motion passed.
12-Discussion was held on possible oil interests on tribally owned land.
13-Move to amend the tribal jury selection ordinance to provide for selection by the tribal secretary, court clerk and judges and naming all tribal members in Pottawatomi County and all counties touching Pottawatomie as potential jurors. Motion passed.
Meeting adjourned.
BC.BCM.Oct.14.1987:
Roll call, meeting called to order.
1-Move to approve the minutes of the August 27, 1987 Business Committee meeting as read, motion passed.
2-Move to approve the September 30, 1987 Business Committee Meeting minutes with 1 clarification, motion passed.
3-Move to approve Potawatomi Resolution #88-13 approving acceptance of $5,767 from the BIA IIM (Individual Indian Monies) funds from the proceeds of Indian Labor. The money will go to tribal museum and education funds. Motion approved.
4-Move to approve the Potawatomi Resolution #88-25 authorizing the BIA to deliver unclaimed per capita shares in excess of $73,000 to the Potawatomi Tribe to be used for education purposes. Motion passed.
5-Discussion was held on establishment of a Tribal Industrial Oversight Committee. Consensus was for B.C. Representatives to rotate turns on the board; a CPA, the tribal director of economic development and the tribal investment counselor will make up the rest of the oversight board.
6-Move to approve Potawatomi Resolution #88-29 submitting a proposed constitutional amendment to the Bureau of Indian Affairs for a Secretarial election by the members of the Potawatomi Tribe and requesting that the BIA not tamper with the sovereign rights of the tribe by attempting to change the make-up of the proposed ballot. Motion passed.
7-Move to sell the tribe's two outdated TRS-80 computers that have been used for typesetting the HowNiKan and to allocate $1500 for purchase of a MacIntosh system compatible with the equipment used by the company that composes the HowNiKan. The machine will also be utilized for flyers, awards, certificates, etc. Motion passed.
8-Meeting went into Executive Session at 3 p.m. to discuss personnel matters and economic development.
Meeting adjourned.
BC.BCM.Oct.18.1987:
Roll call, meeting called to order.
1-Motion made to waive the reading of the previous minutes, motion passed.
2-Motion made to authorize the Chairman and the B.C. to sign a letter of agreement with Rob Burpo, First American Assets, to locate and secure funding for economic development projects for the Potawatomi Tribe. Motion to adopt Potawatomi Resolution #88-49, motion passed.
3-B.C. agreed to waive per diem for this meeting.
Meeting adjourned.
BC.BCM.Nov.25.1987:
Roll call, meeting called to order.
1-Tribal Attorney Michael Minnis gave a report on his office's activities and received consensus approval from the B.C. to:
1-Attempt to locate the truck driver making a spring delivery to the Tribal Store currently in question;
2-Locate and interview Mark Cox, Jan Gale, Betty Garrison, Doris Goodin in connection with activities at the Tribal Store;
3-Request removal of EMCI by the BIA in light of Swimmer's invalidations of their contact;
4-Put together a history on the Bureau's misfeasance in the bingo case and send to Senate Select, Ross Swimmer, David Boren, Wes Watkins, Elenore Thompson and the Anadarko Agency.
2-Move to waive the reading of the previous minutes, motion passed.
3-Move to approve the Potawatomi Resolution #88-33 demanding the BIA act on Ross Swimmer's order invalidating the bingo contract and demanding eviction by the BIA of EMCI, current bingo managers. Motion passed.
4-Minke Minnis announced that as of Dec. 31 his firm would be independently owned by himself with Pierson, Ball and Dowd "of counsel".
5-Move to approve Potawatomi Resolution #88-31 approving a proposal from the Iowa Tribe that the Potawatomi Tribe contract law enforcement funds on their behalf. Motion passed.
6-Move to approve Potawatomi Resolution #88-32 changing the date of the November Business Committee Meeting to November 25 due to Thanksgiving. Motion passed.
7-Move to approve Potawatomi Resolution #88-34 approving four qualified applicants for tribal enrollment submitted by Ross Director Ava Deleon. Motion passed.
8-Move to approve Resolution #88-35 allowing a tribal member to drop their membership in order to enroll with another tribe. Motion passed.
9-Move to approve Resolution #88-36 for a $20,000 draw-down of set-aside interest for use by the Scholarship Committee. Motion passed.
10-After discussion of Regional Council expenses it was the consensus that the tribe would pay for BJ Rowe and Ave DeLeon's hotel room plus a $50 per diem and $50 expense allowance per day while attending councils.
11-Discussion of FireLake Management resulted in the following consensus: the current golf pro is not to sell any inventory without the proceeds coming directly to the tribe; the golf pro is cut off from use of the pro shop cash registers.
12-Move to approve a 30 day allocation of $10,000 tax account funds into CTGP since CTGP funds will not be available until Dec. 1. Motion passed. Meeting recessed.
Meeting adjourned.
Executive Business Committee Meeting Minutes:
BC.EBCM.Oct.14.1987:
Executive Session minutes:
1-Move to approve Potawatomi Resolution #88-27 authorizing tribal negotiations to purchase the Fenn Gallery of Santa Fe, New Mexico, motion passed.
2-Move to approve Potawatomi Resolution #88-28 authorizing tribal negotiations to purchase the American Packing Company.
3- Move to approve Potawatomi Resolution #88-26 authorizing tribal negotiations to purchase an area gasket company. Tribal negotiations will be kept confidential until purchase agreements have been finalized.
Special Business Committee Meeting Minutes:
BC.SBCM.June.18.1987:
Roll call (two via telephone conference), Move to authorize negotiations and purchase agreements for tribal acquisition of Robbison Steel of Oklahoma City. Motion Passed. Potawtatomi Resolution #87-70.
BC.SBCM.July.1.1987:
Roll call, Special Meeting called to order by Chairman John Barrett.
1-Discussion was held on "tax exempt bond" and a recent magazine article concerning them. The Chairman duly noted for the record that the tribe recognizes the caution to be exercised when issuing them. Dr. Shapiro noted that Indian tribe's should consider a lobbying effort in Congress to prevent the concept's demise.
2-Noting that the tribal Constitution, Article 5, section 2, was being interpreted as giving the chairman a direct authority for the admin. of the tribe, Chairman Barrett stated he would institute a chain of admin. command, making the tribal admin. the contact person between the admin. and legislative arms of the tribal operation.
3-Move to amend the personnel policy to reflect the chain of command. A roll call vote was taken, motion carried.
4-Move to insert Potawatomi Resolution #84-93 (adopting federal policy re: ex-post facto conflict of interest) into the personnel policy. Roll call to vote, motion passed.
5-Discussion was held on hiring a publishing company to compose, typeset and print the Hownikan. Competitive bids will be taken. Move that three bids be taken in compliance with the procurement policy for 12 issues of the Hownikan meeting or exceeding current journalistic and graphic standards and authorizing Francis Levier to enter into an agreement for up to $35,000 on an annual contract. Roll call to vote, motion passes.
6-After discussion of the constitutional provision for subordinate committee appointments, the following motions were made: 1-Francis Levier moved to appoint a set-aside Fund Investment Committee composed of Kinslow, Peltier and BIA agent Ed Herndon; the purpose being to assemble and evaluate tribal set-aside investments and report back with recommendations within 2 meetings. Roll call to vote, Motion carried. (Potawatomi Resolution #88-01).
7-Move to establish a Tribal Programs Budget Review Committee consisting of Hilton Melot, John Barrett, Francis Levier and the assistant admin. Motion passed. (Potawatomi Resolution #88-02).
8-Move to appoint Hilton Melot to the Tribal Scholarship Foundation, roll call vote passed. (Potawatomi Resolution #88-03).
9-Move to establish a Sacred Heart Liaison Committee composed of Hilton Melot and Toby Kinslow to work with the Catholic Church and the newly formed Sacred Heart Preservation Society; *Committee is authorized to commit up to $5,000 towards fencing and a trailer for the site. Motion passed. (Potawatomi Resolution #88-04).
10-Move to appoint an Industrial Development and Acquisitions Committee composed of Melot, Levier, Barrett and Shapiro. Motion passed. (Potawatomi Resolution #88-05).
11-Move to create an Environmental Committee composed of Hilton Melot, Ken Cadaret, R.N., and Toby Kinslow to review water well, septic tank and salt water disposal applications and conditions. Motion passed. (Potawatomi Resolution #88-06).
12-According to the Constitution the B.C. will appoint a Grievance Committee until the next election (because no candidates ran for the offices). Nominations were asked for, then nominations closed. Move to appoint Esther Louden, Bob Trousdale and Bob Davis to the 1987 Grievance Committee with Bill Madole as an alternate if one of the appointees declines. Motion passed. (Potawatomi Resolution #88-07).
13-Noting the tribe's annual audit reflected the tribe "had outgrown the need for bookkeepers and now needed accountants," Chairman Barrett proposed the tribal accountants review operations twice monthly, reporting to the tribal secretary once a month. The Secretary will be in the office every Thursday to sign checks and will receive a per diem for that day.
14-Move to approve the June 24, 1987 minutes as corrected. Motion accepted.
Meeting adjourned.
BC.SBCM.July.19.1987:
Roll call, meeting called to order.
1-Special Business Committee meeting was called due to the resignation of Kenneth Peltier form his elected position as tribal secretary/treasurer. According to the Constitution the B.C. may appoint a replacement until the next scheduled election (June, 1988).
2-Move to waive the reading of the previous minutes, motion passed.
3- Move to appoint former Committeeman Bob Davis to the position of secretary-treasurer, vote for motion, Motion passes. Bob Davis is named secretary-treasurer; Potawatomi Resolution #88-14.
4-Move to approve Potawatomi Resolution #88-15, commending the former secretary for a job well done; motion carried.
Meeting adjourned.
BC.SBCM.July.28.1987:
Roll call, meeting called to order.
1-Motion to waive the reading of the previous meetings minutes. Motion passed.
2-A resolution pertaining to enrollment was brought before the B.C. Discussion was held on the family trees and examination of documentation was made. Motion to accept Resolution #88-16 pertaining to enrollment. Motion passed.
3-Members of the Health Aids Foundation presented to the B.C. drawdown #88-01 in the amount of $40,000. Discussion was held on the current rate of consumption of funds. At the suggestion of the B.C. and after considerable discussion with the Health Aids Committee there will be no changes made at the current time in the guidelines of the foundation. The Health Aids Committee will present other possibilities at the next meeting.
4-Motion to accept Resolution #88-17 to appropriate $40,000 from tribal trust funds accumulated interest monies for the Health Aids and Prosthetic Program. Motion passed.
5-Motion that the Tribal Scholarship applications contain the same financial aid packet as required by the Bureau of Indian Affairs scholarship program. Motion passed.
6-Motion made to accept Resolution #88-18 to authorize the drawdown of $20,000 from the interest accrued on the 20% set-aside for the Scholarship Program. Motion passed.
7-Motion made to appoint Dr. Robert Shapiro to the Scholarship Committee, motion passed.
8-Motion to begin new enrollment numbers at 15,000 once the item voted on the Referendum to change the enrollment criteria to descendancy goes into effect either by Secretarial Election or at the Bureau level. Our constitution allows, under Article 3, Section G, for change of enrollment criteria by the authority of the B.C. Motion passed.
9-Motion to amend the CBP Codes and reinstitute Banishment. Motion passed.
10-According to Chairman Barrett, on Sunday July 26, Vice-Chairman Toby Kinslow and a member of the Tribe named Marcia Utter approached Security Officer Joey Stewart and requested to be allowed in the building on Sunday for no particular stated reason. When Mr. Stewart stated that he didn't think he should allow them in the building, Mr. Kinslow stated he would have him fired. Mr. Kinslow then asked for copies of the Tribal letterhead. Mr. Kinslow is, in the opinion of the Chairman, involved in the recent publications published prior to the election that were anonymous hate letter and Mr. Kinslow has, by his actions in conferring with different members of the tribal staff indicated that he doesn't in the opinion of the Chairman, have the best interest of the Tribe at heart. Since all the info that Mr. Kinslow requires is available to him through the normal conditions and working hours of the Tribe, we see no legitimate reason for him to have made this threat to the Tribal Security Officer or to have taken this particular action. The Chairman requested at this time a motion for censure of Mr. Kinslow, "who has chosen not to attend this meeting although he was notified." The Chairman requested specific direction be given to Mr. Kinslow that he observe the Constitution of the Tribe which states that the Chairman of the Tribe has the authority to conduct the business affairs on the Tribe and from the administration of the Tribe occurs. The other authority relating to enrollment and relating to the use of the trust funds is specifically given, in the Constitution to the Secretary/Treasurer and all other actions are taken up by the B.C. as a whole. He also requested the motion to stipulate that Kinlow's independent action constitutes a threat to the well-being of the tribe and he needs to be censured for his actions and warned that in the future any particular attempt of this type will be viewed as a threat to the tribal admin. and will be dealt with under the Articles of Removal of Office. Motion passed.
11-Motion made to approve the Resolution #88-20 requesting to contract of court funds on behalf of the CBPIoO and the Iowa Tribe of Oklahoma under P.L. 93-638. Motion passed.
12-Motion to approve Resolution #88-21 requesting to contract Consolidated Tribal Government Program Funds for FY 88. Motion passed.
13-Motion to approve Resolution #88-22 to amend the Election Ordinance to conform to the Privacy Act. Motion passed.
14-Motion to re-submit the Attorney General Contract. Motion passed.
15-Motion made to approve Resolution #88-23 describing the policy of the tribe in determining essential governmental functions to meet regulatory/statutory criteria as determined under the Snyder Act. Motion passed.
Meeting adjourned.