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Meeting of the Council of the Western Cherokee
February 9, 2002 10:00 AM
Potosi, MO
1. Call to order (Confirm Quorum)
Meeting called to order at 10:10; present are Kelly Bernal, Janet Smith, John
Watson, James Ellis, Tim Sanders, Tim Spencer (proxy for James Green), Jerry
Summers, Eric Smith (proxy for Elmo Foster), James Woods (proxy for Bea Foster).
Eric Smith has submitted a letter from the Fosters indicating their desire for
these two men to serve as proxy.
2. Opening Prayer
Jerry Summers opens with prayer.
3. Reading of minutes from last meeting January 12, 2002
Tim Sanders moves to adopt the minutes from the last meeting, John Watson seconds
and the motion passes unanimously.
4. Old Business
a. Financial report
Janet Smith reports on our income, expenses, and current balance, and mentions
that specifics can be obtained by contacting Janet. John Watson moves
to accept the financial report, James Ellis seconds, and the motion passes unanimously.
b. Report by Enrollment Committee
Janet Smith presents a report from the Enrollment Committee’s meeting on the
3rd and presents a set of procedures for the Council to adopt so the Committee
can begin processing applications. Adoption of the procedures is tabled
for discussion in new business.
c. Report by Election Board
Minutes of Election Board 02/03/01
James Ellis reports that the Board confirmed the timeline for the election and
established spending limits. Voter registration forms and a public notice
will go out next week to various sources. James reports on procedures
such as getting a post office box set up and handling logistics of mailings.
Tim Sanders mentions that the Board requests that all official information regarding
the election shall come only from the Election Board chair, and that the next
committee meeting will be held on March 3. Tim Sanders moves to give the
Election Board authorization to contact other tribes, governmental organizations,
and the press inviting them to observe the election process and informing them
of our impending election. James Ellis seconds and the motion passes unanimously.
Eric Smith asks the Council to consider whether we should place a seal on our
communication, and the issue of the seal is tabled until after we can contact
James Green regarding the contest set up at the last Council Meeting.
d. Discussion of nonprofit corporation
Tim Spencer reads a statement from James Green in support for establishing a
501 corporation. There is some discussion regarding what type of federal
nonprofit corporation we need to form. Janet Smith moves to authorize
James Ellis and Tim Spencer to begin working on getting a nonprofit corporation
established of the type that has the smaller filing fee. Kelly Bernal
seconds and the motion passes unanimously.
5. New Business
a. Discussion of tribal records and matters pertaining thereto
Jerry Summers reports that he went to the federal courthouse in Jonesboro AR
and brought them records pertaining to our situation, and we are waiting to
hear back from the judge.
b. Consideration of new council members
John Watson moves to table consideration of new Council members. Eric
Smith mentions that Elders Bea and Elmo Foster have requested that the Council
add people to the Council. Tim Sanders questions the legitimacy of Eric
Smith’s proxy and the Council discusses whether to accept Eric’s proxy.
Tim Sanders moves to accept the proxy this time and to ask the Elders to establish
procedures for future proxies. John Watson seconds and the motion passes
unanimously. Tim Spencer seconds the motion to table consideration of
new Council members. Tim Spencer and John Watson vote yes, Kelly Bernal,
Janet Smith, James Ellis, and Tim Sanders vote no. Council interviews
Curtis Sumner for a position on Council.
Lunch break is called at 11:48; meeting resumes at 13:05.
Janet Smith moves to place Curtis Sumner on the Council for 60 days, to be
reevaluated at the April Council meeting. Tim Sanders seconds and the
motion passes 4 to 2, with Kelly Bernal, Janet Smith, James Ellis, and Tim Sanders
voting yes and John Watson and Tim Spencer voting no. Jerry Summers administers
the oath of office.
James Ellis asks for people to solicit resumes for Council positions, and
Eric Smith asks Jerry Summers to issue a statement to that effect for publication
in The Red Path.
c. Discussion of funding for Enrollment Committee
John Watson moves to make up to $75 available for Enrollment Committee use between
now and the April Council meeting. Tim Sanders seconds, and the motion
passes 6 to 0 with Tim Spencer abstaining.
d. Other New Business
James Ellis mentions that it should be possible to hold our next meeting in
Bartlesville OK on April 13. Tim Sanders moves to have Jerry Summers secure
a location for a meeting in Bartlesville on April 13, John Watson seconds and
the motion passes 5 to 0, with Tim Spencer abstaining.
John Watson resigns as Sergeant at Arms, and nominates Tim Spencer to take
his place. He mentions that the duties consist of maintaining order in
a most respectful manner if behavior at meetings gets out of hand. Tim
Spencer accepts the nomination. No other nominations are made, and the
Council votes unanimously to place Tim Spencer in this position. Eric
Smith and James Woods volunteer to help Tim Spencer.
Due to a recent change in Tim Spencer’s membership status, Tim Sanders moves
to place Tim Spencer as a full member of the Election Board, John Watson seconds
and the motion passes unanimously.
Tim Spencer leaves the Council meeting at this point for medical reasons.
Tim Sanders moves to accept the Enrollment Committee procedures Janet Smith
has handed out. James Ellis seconds and the motion passes unanimously.
6. Comments by Elders
None.
7. Comments by Council Members
James Ellis mentions the need for a Public Relations Committee and suggests
that we look into the issue at the next meeting.
8. Comments by membership and local group reports
Eric Smith invites the membership to participate in a campout on May 17-19 at
Lake Wappapello. He has more information for anyone who asks.
Kim Thebeau reports about the press coverage of a local Potosi meeting and
that there were about 70 people at the last meeting.
9. Closing Prayer/Adjourn
John Watson moves to adjourn, Janet Smith seconds, and the motion passes unanimously.
Jerry Summers closes in prayer at 14:07
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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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Today Is
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