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Minutes Archive
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Minutes of 03/03/01 Tribal Council Meeting Special Emergency Meeting of the
I. Meeting was called to order by Paul Matheny – Council Chairman II. Confirmation of Quorum – Paul Drew, Jan
McDonald, Kathy Householder, Art Cook, James Green, Paul Matheny, Lee Overturff,
James Ellis, Carlo Carlino, and Michael Greene (proxy for Tim Sanders)
III. The corporation directors present voted to approve the legality of the meeting. Of the six listed by the Arkansas Secretary of State, four were present and voted unanimously in favor of the special meeting. The directors present were David Householder, Paul Drew, Paul Matheny, and Michael Greene. Those absent were Lola Scholl and James Spurlock. IV. A financial report was given by Lee Overturff giving his best estimate of revenues received by the nation since incorporation in 1998. Mr. Overturff estimated $387,000+ had flowed through the nation. He stated his name had been removed from the nations accounts by Mrs. Scholl and Mr. Turman and he could not account for the past months receipts or expenditures. V. Old Business b. Mr. Michael Harmon, who also withdrew membership from the tribe in December, came to appeal that his membership be restored. Some council persons reminded Mr. Harmon of the falsehood he perpetrated on the entire nation by claiming that President Clinton had signed an Executive Order recognizing the Western Cherokee and how he had raised the hopes of 20,000+ members in vain just to become Principal Chief. Other council members praised Mr. Harmon’s recent efforts to promote peace in the nation, especially between Mrs. Scholl and Harold Turman. Lee Overturff made the motion, seconded by James Green, that Mr. Harmon’s membership be restored provided that he sign a letter stating he would never again become involved in the tribes political affairs. Mr. Harmon did so. The vote was as follows: Abstentions – 2 VI. It was discussed that there is one and perhaps two vacancies on the council and that any member seeking membership submit a letter of identity and qualifications to Council Chairman, Paul Matheny, prior to the next regular council meeting on April 7th. VII. Replacement of interim deputy chief was tabled for later on the agenda by agreement. VIII. A committee of council persons was appointed by the council chairman, Paul Matheny, to review the constitution and by-laws and make recommendations for changes to be presented for approval of the entire council at the April 7th meeting. Changes would then be ratified or not ratified by the elders. Those appointed without objection were: Art Cook Mitch Stein will review the legality of the documents once the other committee members submit changes, at the request of the elders, at no cost to the tribe. IX. A motion was made by James Green, and seconded by Carlo Carlino to recognize John Duke, Jim Gillihan, Bea Foster, and Polly Roark as official elders of the Western Cherokee Nation. Motion carried unanimously. X. A resolution was read by Michael Greene listing grave concerns of the Nation about the financial reporting, legality of actions taken, accuracy and timelines of records and reports, and the dispute in the nation over who the legitimate 501-C3 members are. Motion by Lee Overturff, seconded by James Green, to request the Internal Revenue Service Office in Dallas, Texas, to audit the Nation’s finances and other business since incorporation in February of 1998. The elders supported this action. Motion carried with all in favor and was signed by all councilpersons. XI. A report on communication with the Arkansas Secretary of States Office about the 501-C3 board of directors now listed was given by Michael Greene. These directors were said to currently be: Lola Scholl An additional report on conversations with the Bureau of Indian Affairs was given by James (Quiet Bear) Ellis. He displayed various forms that must be supplied the B.I.A. He stated the B.I.A. had no documentation of any contact from the Nation except one visit by Dr. Tim Jones. The B.I.A. requested a continuous update of the activities and progress of the tribe. XII. A lengthy discussion of documentation presented primarily by council chairmen Paul Matheny with some information offered by member Jack Shepherd, was held regarding child welfare matters handled by Mrs. Lola Scholl and by Mr. Harold Turman. Mr. Shepherd claimed he had turned over all child welfare records he knew of to the Arkansas State Police. Communications were read about improper placement of children, children available for placement or adoption pending a $6,000 fee to Mrs. Scholl. The council concluded that much business in the placement, removal, interstate trafficking, etc. appeared to have occurred prior to the current councils formation last fall. It was also discussed by Mr. Lee Overturff that Mrs. Scholl in defiance of the council’s appointment of a treasurer at the previous meeting, has removed Mr. Overturff from the bank account signature card and has added Mr. Harold Turman to the bank signature card. It was noted that Mr. Turman is neither on the business committee nor tribal treasurer, yet he and Mrs. Scholl have been signing checks for unknown purposes. After discussion the following motion was made by James Green and seconded by Carlo Carlino. There will be an immediate suspension of Mrs. Lola Scholl as principal chief (pending her removal permanently) of the Western Cherokee Nation of Arkansas and Missouri for malfeasance in office and the lack of confidence of the tribal council for Mrs. Scholl to lead the nation in any capacity, now or in the future. Mrs. Scholl is not to represent herself after March 3, 2001, as a leader, spokesperson, or agent of the Western Cherokee Nation of Arkansas and Missouri. Further, Mrs. Scholl is to return or render up all monies from all funds, all artifacts, and all properties belonging to the Nation to the business committee. Mrs. Scholl has the right to appeal the removal from office and the specific charges brought against her within 10 calendar days to the business committee (if she has surrendered all property). The decision of the business committee shall be final unless Mrs. Scholl is not satisfied and within 10 additional calendar days, she may make her appeal before all of the tribal council elders in person and by phone to those who live out of the area. The decision of the elders will be final. The specific charges were: Lack of accountability of the Nation’s
funds and misappropriation of funds. There was a roll call vote with the following results: Lee Overturff – Yes XIII. James Green made a motion, seconded by Carlo Carlino, to leave current tribal records in storage until a new office is acquired in the near future. The motion passed unanimously. XIV. James Green made a motion, seconded by Carlo Carlino, to accept Lee Overturff’s resignation as council treasurer. Unanimous approval given to the motion. XV. Paul Matheny made a motion, seconded by Carlo Carlino, to appoint Kenneth Householder as the treasurer for the Western Cherokee Nation of Arkansas and Missouri. The vote was unanimous in favor of the motion. XVI. James Green made a motion, seconded by Carlo Carlino, to appoint Lee Overturff as acting deputy chief for 90 days. The vote was unanimous in favor of the motion. XVII. Michael Greene (proxy for Tim Sanders) made a motion, seconded by Carlo Carlino, to appoint James Ellis as liaison to the B.I.A. Motion passed unanimously. XVIII. Council agreed that official website of the Western Cherokee Nation would be constructed and maintained by James Ellis and John Watson and that the Paragould website would be defunct. XIX. Elder John Duke stated that he might do a private lineage search on Mrs. Scholl. XX. Meeting was adjourned – Tribal Council Chairman Paul Matheny said without objection the meeting was adjourned. There was no objection.
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It is felt people have the right to know
According to emails and postings there are no minutes being
posted for any meetings since 2007
Even if it's not good new. Over $22,000 and no accounting for it! COURT RULES IN FAVOR OF SUMMERS, WATSON & WESTERN CHEROKEE 3 TIMES As of this date the defendants and their associates have not surrendered Western Cherokee Property as stipulated in two court orders and supported in the Stipulation and Order. What are the fundamental differences between the thinking of the Plaintiffs Jerry Summers, John Watson and the Western Cherokee a Missouri Non-Profit and the Defendants, Unincorporated Association claim and filing with the court. See the legal differences between being a Organized Group Vs. Unincorporated Association. Proof is in their filing with the court Click Here to read PDF file. A court order did state that Chief Jerry Summers and Vice Chief John Watson have been found to be the true officials of the Western Cherokee. This should clearly show the defendants and associates were wrong in their take over attempt but they continue to refuse to abide by the Court Order. By a court ordered election which the defendants controlled they are now legally in control of the Western Cherokee future. Many people believe this ordered election was due to a filing by Timothy Spencer which was a threat of upward of 100 men, women and children would die defending the property if the judge held his ruling.
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Copyright © 2001, 2008 Western Cherokee People - All minutes are public information for the Western Cherokee People
