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08/11/01 Minutes

Minutes of 08/11/01 Tribal Council Meeting 

Council Chairman Paul Matheny called the meeting to order at 10:15 a.m.


Elder Jim Jones offers the opening prayer.


Members present:  Paul Matheny
    Paul Drew
    James Ellis
    James Greene
    John Watson
    Kathy Householder
Proxy:    Eric Smith proxy for Tim Sanders
    Shawna Ellis proxy for Hugh Thompson
    David Householder proxy for Jan McDonald
    Mike Greene proxy for Art Cook

Members Absent without proxy: Ray Dennison

Elders Present:  
    Bea Foster
    Elmo Foster
    Jim Jones
    Jerry Summers

***Unless otherwise specified  herein, “motion passes (or carries) means 
that Eric Smith abstained from the vote on behalf of Tim Sanders.

*   Council Chairman Paul Matheny confirms that a quorum is present to 
conduct the meeting.

*   Chief Lee Overturf makes an announcement that a Special Meeting is called due to the absence of Treasurer Kenneth Householder.
Elder Jerry Summers resigns from the Board of Elders.  The Elders accept his resignation and Chief Overturf introduces Jerry Summers to the council as candidate for Deputy Chief.  Paul Matheny then speaks to the council regarding Mr. Summers qualifications.  Questions are posed to Mr. Summers by several council members and by Elder Jim Jones.  Becky Overturf speaks to the council on Mr. Summers behalf.  Motion is made by James Greene to promote Jerry Summers to the position of Deputy Chief.  James Ellis seconds the motion and a roll call vote is taken.
 Paul Matheny votes yea.
 John Watson votes yea.
 Eric Smith, proxy for Tim Sanders, abstains.
 James Ellis votes yes.
 Shawna Ellis, proxy for Hugh Thompson, votes yes.
 Paul Drew abstains.
 James Greene votes yea.
 Mike Greene, proxy for Art Cook, votes yea.
 Kathy Householder votes yea.
 David Householder, proxy for Jan McDonald, votes yea.
 Motion passed with 8 yes and 2 abstentions.

*   Chief Overturf declares the Special Session to be closed.
Meeting is now back in regular session.

*     James Ellis makes the motion to waive the reading of the minutes. 
Paul Drew seconds the motion.
       Motion is passed by a majority vote.

*     Financial report is given by Chief Lee Overturf.  He states that as of 
  July 7, 2001 to date (Aug. 11, 2001)
  $100.00 paid on  storage
  $294.21 balance due on storage
  $100.00 paid to Stidham law firm
  $160.00 in expenses
  $  20.00 donation received from Ray Dennison for
  $  20.00 donation received from Art Cook for
  Money on hand $0.00.
  Motion to accept the financial report was made by James Greene.  Seconded by James Ellis.  Motion passes unanimously.

  *   A report on the storage of the nation’s records was given by Chief Overturf.  He states that the records must be kept where they are for now due to the security and the cost of storage.  Comment is made by James Greene that the nation is not processing application at this time.  He also states that any  fees that have been sent in to the nation have been returned to the applicants.  Mike Greene states that our adversaries claim that we have people who want their files back and that we are holding them. James Greene states that after the court date if anyone wishing to have their files returned will send us their enrollment card and postage paid envelope, we will send them back to them.  Paul Matheny reiterates that nothing can be done about returning the files until the law suit is settled.  Also, he states that the people must surrender their membership cards and that we should send the applications back to the applicants.  Elder Jim Jones advises that we make the people aware that this action will be permanent.

In old business:
*    Regarding satellite offices:  Chief Overturf states that satellite offices are fine once a permanent office has been established.  He states that at this time a satellite office is not needed.  James Ellis comments on future plans for a satellite office and states that the preparation will take several months as it needs proper planning.  Mike Greene speaks as the availability of using schools & community rooms.  Mr. Greene advises Mr. Ellis to gather information and to present his findings to the council at the appropriate time.  Paul Drew states he has no objection to a satellite office.  He encourages Mr. Ellis to collect the information.  Paul Matheny goes on record that we are not opposed to satellite offices and that they are a very good idea once the law suit is settled.  Elders Jim Jones & Elmo Foster offer their personal views.   Motion is then made by James Ellis to table the issue of satellite offices. James Greene seconds the motion.  Motion carried.

*    Council Chairman Paul Matheny tables discussion on all other committees except for the Fall Festival and the Enrollment Committee.  After some discussion, it was agreed that any parties interested in being on the Fall Festival Committee contact Elder Jim Jones.  John Watson makes a motion to form a Fall Festival Committee and place Elder Jones as Chairman of the committee.  Second is made by James Ellis and motion passes unanimously.

*     James Greene asks the council to consider replacing him on the enrollment committee and decrease the number on that committee to 5 people. Eric Smith asks what the purpose of that committee is.  Chief Overturf explains that these are applications from which money was removed from them by Ms. Scholl and were never processed.  These applications are being processed and are being done at no charge.  Paul Matheny explains the rule on this with the analogy “my mother has a card and I enroll, then a card could be issued based on my mother’s enrollment.”  Chief Overturf asks that Jerry Summers and Becky Overturf be placed on this committee.  It is mentioned by James Greene that he would like to see the people from Oklahoma and other states participate in this.   It is asked that this discussion be tabled until the new council members are elected.

In New Business:
*     Paul Matheny calls for the consideration of new council members and recommends Murl Pierson.  Chief Overturf gives his recommendation of  Mr.Pierson.  Motion to accept Murl Pierson to the council is made by James Greene.  Seconding the motion is John Watson.  A roll call vote is taken.
Paul Matheny votes aye.
John Watson votes yea.
Eric Smith, proxy for Tim Sanders, abstains.
James Ellis votes yea.
Shawna Ellis, proxy for Hugh Thompson, votes yea.
Paul Drew votes yea.
James Greene votes yea.
Mike Greene, proxy for Art Cook, votes yea.
Kathy Householder votes yea.
David Householder, proxy for Jan McDonald, votes yea.
Motion passes.

*     Paul Matheny introduces Janet Smith and recommends her to the council.  Paul Drew speaks on her behalf.  Chief Overturf also recommends Mrs. Smith.  Nomination is made by Mike Greene (proxy for Art Cook) to accept Janet Smith to the council.  Paul Drew seconds.  A roll call vote is taken.
Paul Matheny votes yes.
John Watson votes yea.
Eric Smith, proxy for Tim Sanders, votes yes.
James Ellis votes yes.
Shawna Ellis, proxy for Hugh Thompson, votes yes.
Paul Drew votes yes.
James Greene votes yes.
Mike Greene, proxy for Art Cook, votes yes.
Kathy Householder votes yes.
David Householder, proxy for Jan McDonald, votes yes.
Motion passes.

     A brief ten minute recess is called. Meeting is once again called to order by Paul Matheny.

     Murl Pierson and Janet Smith are sworn into office by Chief Lee Overturf.
*     James Greene makes a motion that the council accept Janet Smith as his successor on the enrollment committee.  John Watson seconds the motion. Motion passes unanimously.  Chief Lee Overturf recommends Rebecca Overturf and Kathy Murphy to be placed on the enrollment committee.  Chief Overturf resigns from the committee.  James Greene nominates Rebecca Overturf to the enrollment committee.  David Householder, proxy for Jan McDonald, seconds the motion.  Motion passes unanimously.  James Greene nominates David Householder to serve on the enrollment committee.  Motion is seconded by John Watson and it passes by majority vote.  Ms. Murphy will be contacted prior to confirmation on the committee.

*     Chief Overturf expresses the need to get the word out regarding meetings.  He encourages people to get together to study and learn their 
culture.  He states the importance of council members to get out and work with the people.  Various meeting places were discussed that would possibly be free to the members for these meetings.

*    Paul Matheny introduces Donna Rogers of Jonesboro, AR to speak on her unpleasant and frustrating experience with Ms. Scholl's highly questionable application processing procedures.  After relaying her experience, several members share their similar experiences with the council. Lunch break is called by Council Chairman at 12:10 p.m.

Meeting is called back to order at 1:40 p.m.

*    James Ellis makes the motion to re-accept Mike Harmon’s resignation from 12/12/2000 as Principal Chief and his renunciation of membership in the nation due to his failure to honor his agreement with the council to "refrain in all manner from involvement in politics or in political influence in the Nation", dated 3/3/01.  Second is made by John Watson.  Floor is opened for discussion and the Elders are polled.  John Watson expounds on the events leading up to this motion to re-accept Mr. Harmon’s resignation (i.e. acts of treason, falsification of documents to the Missouri Secretary of State’s office).  John Watson reiterates that it should be made clear that Mr. Harmon is not being banished, just that his resignation is being re-accepted due to his actions. 9 council members vote affirmatively, 1 abstention.  Motion passes.

*     Discussion on splinter groups by Paul Drew.  Comments are made by Elders Elmo Foster & Jim Jones. Comments are also given by James Greene.

*    Discussion of amending by-laws to require background checks on prospective council members with a grandfather clause for those presently on the council.  Paul Drew states that it would require an amendment to the constitution.  Motion is made by Murl Pierson to table the issue until the next meeting and is seconded by Janet Smith.  Motion passes.

*    John Watson presents resolution 081101A & 081101B for council to approve and sign for Not-for Profit Corp. in Missouri.  Council signs with 1abstention.

*    Paul Matheny makes the council aware of the newest papers given us by  counsel for Lola Scholl.  Comments are offered by Council & Elders.

*    James Ellis reports on Sac River/White River gathering. James Greene makes the motion to adjourn and is seconded by John Watson. 
Motion passes unanimously.  Meeting is adjourned at 3:30 p.m.  October 6, 2001 is the date of the next meeting.

James Greene makes the motion to adjourn and is seconded by John Watson.  Motion passes unanimously.  Meeting is adjourned at 3:30 p.m.  October 6, 2001 is the date of the next meeting.

 

 

 

 
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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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