Minutes Archive

Western Cherokee Council meeting minutes,
8 Dec 2001,
Poplar Bluff, MO.

1. Call to order (Confirm Quorum); sitting council (5 members, which is a majority) agree unanimously to open the meeting as a special session, and that the Council has the authority to conduct business at this meeting.
Meeting opened at 10:38 with prayer by Bea Foster.
Present are:
· Jerry Summers (Deputy Chief)
· James Ellis
· John Watson
· Tim Spencer (proxy for James Green)
· Tim Sanders
· Janet Smith
· Elmo and Bea Foster (Elders)
· Various guests

2. Elmo Foster addresses the group on “Truth, Honor, Respect”, Bea Foster addresses the group as well.

2.1 (out of order item). Council accepts Jack Green’s proxy for David Householder as Treasurer on the word of Michael Green, James Ellis, John Watson, and Elmo Foster; with the caveat that David must notify us within 30 days regarding the status of the proxy, and if he does not confirm Jack Green as his proxy that any business predicated on Jack Green’s proxy will be invalidated. [Note: 12/11/01 David has invalidated]

2.2 (out of order item).  Council accepts Paul Drew’s proxy for John Duke as Elder based on an email John Duke sent out.  Council adopts a resolution (motion made by Janet Smith and seconded by James Ellis; a roll call vote is taken and the Council agrees unanimously) (1) reconfirming John Duke as a member of the Nation and of the Board of Elders, (2) affirming that John Duke’s membership in both bodies cannot be revoked except by 2/3 vote of all branches of tribal government and with certain other restrictions, and (3) publicly apologizing to John Duke for the confusion.  Tim Sanders asks for clarification of the second paragraph from the end, and Paul Drew agrees with Tim that the interpretation of this section serves to clarify the constitutional removal procedure rather than granting special status to Elder Duke that the rest of the Elders do not have. 

3. Reading of minutes from last meeting October 6, 2001.  John Watson moves to accept the minutes without reading, Janet Smith seconds and the motion passes unanimously.

4. Treasurers Report.  Omitted.

5. Constitutional Committee Report.  Tim Sanders speaks about the working document and announces that the draft is finished.  He and John Watson ask the membership to look over the document (which is on the Web) and give feedback.  Michael Green asks that the Council consider adopting it as a working document at the next meeting.  Paul Drew and Michael Green both suggest that a quorum be considered a majority of the seated Council rather than 8 members.  James Ellis moves to adopt the Constitution as a working document today and to work under this constitution for now, with appropriate amendments to be presented by the Constitutional Committee as needed, until the document is voted on by the membership.  John Watson seconds.  A roll call vote is taken, and the vote is unanimously affirmative with the exception of Tim Sanders, who votes no.

Elmo Foster speaks briefly before the group breaks for lunch at 12:02.

Meeting called back to order at 13:08.

6. Enrollment Committee Report.  Janet reports that there was a meeting on December 1 that she was not at and she says that she “cannot go along with the stuff that they have submitted”.  At John Watson’s request, Janet explains some of the specific problems with the procedures the others established.  Because of confusion over the makeup and leadership of the committee, and lack of communication from the other committee members, John Watson moves to affirm Janet Smith as Chair of the committee.  Tim Sanders seconds and the motion passes unanimously with Janet Smith abstaining.  John Watson moves to reject the procedures as developed at the December 1 meeting.  James Ellis seconds and the motion passes unanimously.  James Ellis moves to table any discussion of honorary memberships and adoptions until the next meeting.  John Watson seconds, and the motion passes unanimously.

7. Election Committee Report.  Tim Sanders reports that there has been difficulty getting in touch with Don Collier and arranging a meeting for the committee.  Tim and Don have discussed some foundational ideas over the phone, and the committee hopes to meet with Sherian Hundhausen of the Chickamauga band to get suggestions based on their recent election.  Tim intends that the committee will meet to establish detailed procedures before the next council meeting, and asks for additional volunteers who can participate on the committee and provide suggestions.

8. Report on Storage Records.  Omitted.

9. Old Business

a. Returning of Records Announcement.  John Watson announces that people wishing to dissociate themselves from the Nation can request their records to be returned after submission of a $5 processing fee.  He clarifies that we must keep a copy for our records for legal purposes.

b. Enrollment Application.  Janet Smith passes out a draft of an application.  There is discussion about whether we should have a question on the application asking whether applicants have received any benefits as a result of being a member of another tribe.  Consensus is that we should ask whether they have received such benefits but we should not inquire as to the specific nature of benefits.  James Ellis suggests we clarify that applicants are joining a tribe and not a corporation.  Tim Sanders asks that the committee explain question 11 when John Duke is present at a meeting.  Consensus is that we should add the new address [see below] to the application.  Janet says she will make changes and send the application over email for Council approval so the committee can begin sending out applications before the next meeting.

c. Enrollment Procedures for Committee.  Omitted.

9.1 (out of order item).  John Watson moves that we establish a post office box under the name of the Western Cherokee in Dexter for mailing the applications.  Tim Spencer seconds, and the motion passes unanimously.  John Watson makes a $32.50 contribution to the Western Cherokee for establishment of this post office box.

10. New Business

a. Consideration of new Council Members.  Curtis Sumner introduces himself to the Council.  Several people ask questions of Mr. Sumner and he responds.

b. Consideration of rotating meeting for the year of 2002.  John suggests that we have 8 meetings next year, at least 100 miles apart, and that we start talking about this at the next meeting.  John moves to attempt to schedule the April meeting to be in Bartlesville, OK.  Tim Sanders seconds, and the motion passes unanimously with Tim Spencer abstaining.

c. Opening PO Box for Enrollment Applications.  [see above]

d. Consideration of creating or adopting a new seal.  John Watson moves to table discussion until the next meeting, Tim Spencer seconds and the motion passes unanimously.

10.1 (out of order item).  John Watson presents a proposed resolution [120801-2] authorizing John Duke to retrieve the records and act as custodian thereof.  John Watson moves to adopt the resolution, Tim Spencer seconds and the motion passes unanimously.  Tim Sanders recommends that we make an attempt to see that Lee Overturf is compensated for his expenses in association with storage of the files.  John Watson recommends that we take care of this issue when we get a financial report so we can have exact figures to work with.

10.2 (out of order item).  John Watson presents a proposed resolution [120801] for suspension and initiation of recall proceedings against Lee Overturf.  Tim Sanders mentions that the document charges him with mental incapacity rather than willful negligence, and that there is not a scheduled hearing date for recall proceedings.  The resolution is reworded to take these issues into account, and Lee’s hearing is scheduled concurrent with a Council meeting on January 12, 2002.  Tim Sanders and Paul Drew point out that this hearing can and should be held before both the Business Committee and the Tribal Council on the same day to make sure we are covered under both the current and old versions of the Constitution.  John Watson moves to adopt the resolution, Janet Smith seconds and the motion passes unanimously.

10.3 (out of order item).  James Ellis reads an email from Jan McDonald, and John Watson comments.  The email concerned Lee Overturf’s attempt to change the location of the meeting.  James Ellis expresses his intent to initiate recall proceedings against Jan McDonald, and will have Jerry Summers send her the appropriate paperwork and schedule her hearing for the January 12 Council meeting.

10.4 (out of order item).  John Watson moves to name Paul Drew as [Historian/]Constitutional Advisor for the Council.  Janet Smith seconds, and the motion passes unanimously.  Paul accepts.

11. Comments by Elders.  Paul Drew addresses the group on John Duke’s behalf about “honor, respect, and dignity”.  Bea Foster speaks very briefly.

12. Comments by Deputy Chief.  Omitted.

13. Concerns of membership.  Omitted.

13.1 (out of order item).  John Watson moves to eliminate Lee Overturf’s address from the website and to use the new PO Box for correspondence.  Tim Spencer seconds, and the motion passes unanimously.

13.5 (out of order item).  Janet Smith moves to hold the next Council meeting on January 12, 2002, in Blytheville AR, assuming Paul Drew can make appropriate arrangements.  Tim Sanders seconds, and the motion passes unanimously.

14. Closing Prayer/Adjourn.  Bea Foster closes in prayer and the meeting is adjourned at 15:31.

10.4 Amended.  Historian to be dropped from the position of "Historian/Constitutional Advisor" to read "Constitutional Advisor" only.

It is felt people have the right to know
Past Council
Meetings & Minutes

According to emails and postings there are no minutes being posted for any meetings since 2007
 

Even if it's not good new.
it's good news to know.

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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