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Meeting of the Council of the Western Cherokee
March 9, 2002 10:00 AM
Poplar Bluff, MO
1. Call to order (Confirm Quorum)
Meeting called to order at 10:10; present are Kelly Bernal, Janet Smith, John
Watson, James Ellis, Eric Smith (Proxy for Tim Sanders and Proxy for Elder Elmo
Foster), Tim Spencer (proxy for James Green), Jerry Summers, James Woods (proxy
for Bea Foster). Janet Smith has submitted a letter from the Fosters indicating
their desire for these two men to serve as proxy.
2. Opening Prayer
Curtis Sumner opens with prayer.
3. Reading of minutes from last meeting February 6, 2002
John Watson moves to adopt the minutes from the last meeting, Tim Spencer 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, Tim Spencer seconds, and the motion passes
unanimously.
b. Report by Enrollment Committee
Janet Smith presents a report from the Enrollment Committee’s meeting on the
3 March:
· Introduced proposed new form of enrollment card – Enrollment Committee has
decided on pilot program for a few months for the cards to gauge acceptance
– new picture ID plastic cards only to be used for identification at this
time, until council approval.
· Discussed climbing numbers of enrollment
· Mentioned numerous letters from our members that are currently associated
with the WCNAM (Paragould) who are writing expressing a desire to now align
with WC.
· James Ellis makes a suggestion that a “Welcome Package” be included by return
mail to all new members.
c. Report by Election Board
· A preliminary draft of Standard Operating Procedures was submitted to the
council by the election board for review and suggestions for change.
· Election Board Member Eric Smith outlined a proposal to offer advertising
in the Election Board News Letter.
· John Watson asks the reason for the delay in getting the proposals to the
council in a timely manner. Eric Smith replies that Tim Sanders, that
all documents were sent out to all Election Board members by email on 4 March,
and adds that Tim Sanders stated to him that he did not get the information
until Friday because of school and problems with his lap top computer.
· John Watson states that he cannot accept the Candidates Filing Application
in its current form – Eric Smith says that there is a typographical error.
Appropriate pen and ink changes are made to the document on the spot, with
the concurrent agreement of a majority (3 of 4 members present) of the Election
Board.
· John Watson asks about screening procedures for candidates. Tim Spencer
(Election Board member) states that are none in place at this time but that
procedures are in the draft standard operating procedures delivered to council
this morning.
· Milton Woods (Election Board member) reads the following statement form
Tim Sanders, Election Board Chair:
The Election Board requests the Council to formally take a vote agreeing
that elections will take place this year according to the timeline established
by the Election Board.
The Election Board has decided to replace selling of mailing lists to
candidates with an opportunity for candidates to get word out to the voters
through a special Election Newsletter, details of which will be forthcoming.
The Election Board requests that the Council clarify which entities the
Election Board may invite to observe the election. The Election Board
recognizes that contacting other groups was approved at the February meeting
but would like the Council to specify which groups in light of the fact
that several Council members have expressed reservations about contacting certain
tribes since February.
The Election Board emphatically asserts a need to elect at least 7 Council
members this year along with a Chief and Deputy Chief, and requests that the
Council determine whether 7 or 14 Council seats will go up for election this
fall, or whether the matter is to be referred back to the Election Board
for final decision.
The Election Board asks Council for clarification regarding what level
of autonomy the Board has in making and implementing decisions. Specifically
the Board asks that the Council give the Board freedom to make and implement
decisions the Board makes pursuant to the Standard Operating Procedures once
they are adopted.
· John Watson states that once the procedures are approved that the council
should not have to intervene.
· Eric Smith states that Tim Sanders wants autonomy - John Watson and Janet
Smith reiterate that the actions and procedures of the Election Board must
be in accordance with the Constitution for the Western Cherokee and final
approval must be given for the procedures from council, the executive department
and the Elders. This point is acknowledged and accepted by the three
present members of the Election Board.
· Tim Spencer states that autonomy is required in the actual election process;
e.g., the ballot counting, the conduct of the election, etc. Kelly Bernal
offers an example of a council member could not come in and change the rules
{during the election} because things were not going their way. Tim Spencer
answers in the affirmative. Autonomy is required for a valid election
after the procedures have been approved and the election process is underway.
Council Chair calls lunch break at 11:44 AM
Meeting called to order at 12:24 PM – Discussion of Election Board issues
continues
· James Ellis make a motion to accept the Election Boards Timeline as presented,
Janet Smith seconds, passes unanimously.
· John Watson makes a motion to accept the Candidate filing form with the
changes that have been made to it today, Curtis Sumner seconds, passes unanimously.
· Eric Smith states that he will make the typing corrections and send out
to all election board members for publication.
· John Watson makes a motion to accept the Voter Registration form, Curtis
Sumner seconds, passes unanimously.
· James Ellis asks if the candidate filing form will be made public.
John Watson states that it will be in both paper form and on the web site..
Kelly Bernal makes a motion to accept the candidate filing form, John Watson
seconds, passes unanimously.
· Eric Smith discusses the concept of the election board newsletter being
the media for candidates to publicize. John Watson suggests that
the Election Board newsletter be limited to three issues. James Ellis
asks if the advertising fees charged the candidates will be used to help offset
the election costs. Eric Smith responds in the affirmative and makes
mention that it is the decision of the Election Board to turn over unused
funds, if any remain, to the Western Cherokee after the conclusion of this
election cycle. John Watson makes a motion to approve the concept, with
a limit of three issues, Tim Spencer seconds, passes unanimously.
· John Watson asks that the question of the number of council seats
that will be up for election be tabled until next council meeting. Janet
Smith mentions that she has a letter to read from Elders Bea and Elmo Foster
in relation to this matter – John Watson withdraws his motion. Janet
Smith reads from the Elders Bea & Elmo Fosters letter. (Letter requests
that the council table the issue of the number of candidates until next month
as well as other election issues.) James Ellis states that he cannot
support tabling the election issues. John Watson relays Elder Duke’s
thoughts on the subject. Vote is taken to table the issue – Curtis
Sumner makes a motion to withdraw the vote in favor of a roll call vote, Kelly
Bernal seconds, and the motion carries. John Watson again makes the
motion to table the question of the number of council seats up for election:
Curtis Sumner, Janet Smith John Watson, Tim Spencer and Kelly Bernal vote
to table the question. James Ellis votes no and Eric Smith proxy for
Tim Sanders abstains.
d. Tim Spencer makes a motion as proxy for James Green to appoint
Janet Smith as Interim Treasure, John Watson seconds, passes unanimously,
with the abstention of Eric Smith proxy for Tim Sanders.
e. John Watson makes a motion to table the discussion of the oath of
office because more time is needed. Tim Spencer seconds, passes unanimously.
f. After some discussion, John Watson makes a motion to accept a Temporary
seal for the Western Cherokee, Kelly Bernal seconds, passes unanimously, with
the abstention of Eric Smith proxy for Tim Sanders.
g. Tim Spencer, Sergeant-at-Arms, asks the councils permission to proceed
with the formulation of a Policies and Procedures manual. He also asks
for the formal formation of the Department of Public Safety, and for the office
of Sergeant-at-Arms to become a dual role incorporating the responsibilities
and duties of the office of the Director of the Department of Public Safety.
He also asks that Eric Smith be appointed as Director, Physical Security Division,
that Milton Woods be appointed as Director, Safety Division, and that Laurie
Spencer be appointed Director, Emergency Medical Services. Council asks
that the personnel issues be tabled pending submission of written resumes’.
John Watson makes a motion to formally establish a Department of Public Safety,
to authorize the drafting of a policy and procedures manual pending council
approval and to make the office of Sergeant-at-Arms a dual role to now encompass
the office of the Director, Department of Public safety. Janet Smith
seconds, passes unanimously.
h. Janet Smith states that the current paper enrollment cards need
several changes, specifically they need to be changed to read “Western Cherokee”
vice “Western Cherokee Nation of Arkansas and Missouri”, and that the newly
adopted seal needs to be on them. John Watson makes a motion to accept
Janet Smith’s proposal and Tim Spencer proxy for James Geene seconds, passes
unanimously, with the abstention of Eric Smith proxy for Tim Sanders.
5. New Business
a. Chief Summers states the Elder John Duke needs to be added to
resolution 030202 so that he may negotiate with Charles Yow about the return
of our records. Janet Smith makes a motion to accept this proposal.
James Ellis abstain, Eric Smith proxy for Tim Sanders Votes no. Motion
carries 5 to 1.
b. James Ellis states that it may be a good idea to hold a meeting
in Arkansas and/or Oklahoma – requests the idea be placed on the agenda for
the next meeting. John Watson states that he thinks it would be better to
have a Town Hall meeting in Oklahoma and that Elder Duke is working on this.
c. James Ellis states that the next agenda item is to appoint someone
to the constitutional committee. No action is taken at this time.
d. Janet Smith reads a letter from Elders Bea and Elmo Foster asking
that the council formally elevate Jerry Summers to the position of Acting
Chief. Janet Smith makes a motion to do, John Watson seconds,.
Discussion: Eric Smith reads a statement from Tim Sanders. John
Watson remarks that Deputy Chief Summers is already in the position by default
and that there is no difference other than title. Vote is taken:
Curtis Sumner, Janet Smith, John Watson and Kelly Bernal vote yes, Tim Spencer
and Eric Smith abstain, James Ellis votes no. Motion Carries. 13 March 2002
- James Green exercises his right of Proxy to amend the vote cast in his stead
by Tim Spencer to vote in favor of the motion.
e. Janet Smith reads a proposed change to Paragraph 6 of the Enrollment
Committee’s procedures. John Watson makes a motion to accept the Enrollment
Committee’s suggestions and authorize the change, Tim Spencer seconds.
The motion carries with Eric Smith casting a no vote as proxy for Tim Sanders.
6. Comments by Elders
None.
7. Comments by Council Members
John Watson thanks every one for their help, participation and attendance.
8. Comments by membership and local group reports
None
9. Closing Prayer/Adjourn
Closing prayer by Curtis Sumner. Meeting adjourns at 14:10 Local
(2:10 PM)
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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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