1. Called to order - at 10:30 by Chief Jerry Summers
Present are:
Chief Jerry Summers
John Young Buffalo Watson
Janet White Fawn Smith
James Quite Bear Ellis
Curtis Sumner
Eric Thunderbird Smith (proxy for Tim Sanders)
James Milton Woods (proxy for Kelly Bernal)
Elder Elmo Foster
Elder Bea Foster
2. Opening prayer – Elder Bea Foster
3. Minutes of 08 June 2002 Meeting
– John Watson ask that we amend the minutes to accept James Greens resignation.
Janet Smith motion to accept the amendment and the minutes from 08 June 2002,
Eric Smith 2nd, motion passes unanimously
4. Treasurer’s Report – Janet
Smith gives report
5. Report by Enrollment Committee
- Janet Smith said we are still getting 15 – 20 request a week for reissuing
of cards. Out of order item – Janet Smith also states that a gentleman
by the name of Jim Farrar in Michigan would like to carry our flag at pow wows
and represent our tribe in his area once he becomes a member. All elders
and council approves once we have a seal and flag, and that as long as it’s
done for Respect and Honor Only, not for profit. Paul Blue Panther Drew
asks about the Photo ID Cards. Janet Smith, Laurie Red Elk Spencer & Tim
Spencer explain that they are just a pilot program and that you don’t have to
have one, but if you would like one at this time the cost is $8.00. If
anyone chooses to get the Photo ID Card you can send a photo to enrollment@westerncherokeenation.org
or you can get your picture taken at on of our meetings or ask a friend who
has a digital camera to take your picture and e-mail it to Laurie at the e-mail
address above. Elder Elmo Foster states that he would like
his 3year old grandson enrolled.
6. Report by Election Board –
Eric Smith says that the procedures were passed out but with some of the last
minute changes that were made just the other day, he has not had time to draw
up a copy with all the changes for all to read. John Watson just asks
if we can keep the election procedures simple and Paul Drew agrees. Elder
Elmo asked why vote for council? John Watson and Paul Drew explain that
this way our people’s voices are heard and they pick whom they want to represent
them. Paul Drew asks if we will sell the mailing list to anyone?
Eric Smith states that NO we will not for any reason. Eric Smith
motion to table the issue until the next meeting, Janet Smith 2nd, motion passes
unanimously
7. Old Business:
a. Non Profit Corporation -
Chief Jerry Summers says he got a letter from the IRS and they said it would
take about 120 days. James Ellis says that he has not heard from
the state of Missouri yet.
b. New Seal – Janet Smith tells everyone present about the seal that
Paul Matheny designed. The black represents the West, the red represents the
East, the blue in the center represents the Mississippi River, the seven-pointed
Star represents the Seven Cherokee tribes, the gold hand represents that we
(the Cherokee People) have always been here. James Ellis suggests that
we keep the seal we have now for the corporation and the new one for the tribe.
Along with the changes to the new seal, the rope on the outer circle is made
solid and the “s” in the word Cherokee is taken off of the seal.
Paul Drew asks the council and Elders if the hand on the seal represents a
war sign. Elder Elmo Foster states that for the Cherokee it is a peace
sign. John Watson motions------that it should "be" a commemorative seal----.
The other council members support the changes and agree to make our seal now
as a commemorative seal. James Ellis motions to keep the commemorative seal
we have now for the corporation and the new seal with the changes for the
tribe, Eric Smith 2nd, motion passes unanimously John Watson
motions that it our commemorative seal represents bring the seven directions
together in building and that it should b remembered and put in a place of
honor. Elder Bea says that the commemorative seal represents who
we are and the new seal represents who we can become, James Woods 2nd, motion
passes unanimously
c. Reaffirm phone poll vote:
i. Tim Spencer- administrative
assistant ii. Payment of 501(c) 3
John Watson motions to accept, Eric Smith 2nd, motion passes unanimously
D. Change status of Laurie Spencer
from volunteer to member of the Enrollment Committee – Janet Smith says she
has been a member of the tribe for some time now but we never changed her
status and that Laurie is her right hand on the committee. Janet Smith
motions to elevate Laurie Spencer from volunteer to member, James Ellis 2nd,
motion passes unanimously E. Rescind vote taken Jan. 12, 2002 regarding corporation board - the
following is a copy of that vote: “Tim Sanders moves to establish that
the Board of Directors for the Non-Profit Corporation be identical to the
membership of the Tribal Council. James Green seconds, and the motion
passes four to one, with James Ellis voting no” James Ellis reads that portion
of the 12 Jan. 2002 minutes and then he motions to rescind, John Watson 2nd,
motion passes unanimously
8. New Business:
a. First reading of constitutional amendment –
John Watson reads
Article 1 Section 6
to redefine a "quorum" as being "a majority of the SEATED Tribal Council."
This measure was done to rule out the future possibility of a takeover attempt
within the leadership of the Western Cherokee as occurred in the past. John
Watson motions to accept it with the changes, Janet Smith 2nd; motion passes
with James Ellis abstaining. All council initials the changes.
Chief Jerry Summers asks the Elders permission to remove the “State of Emergency”
at this time. Elders Bea & Elmo Foster saw no reason to continue the
"State of Emergency" and voted to return control of the affairs of the nation
back over to the Tribal Council.
b. Consideration of by-laws for not-for-profit –
John Watson states that there are two versions of the by-laws; council agrees
that they like the longer version and John Watson ask Tim Spencer to read
aloud for all present. (By-laws
link) There is some discussion on it then Eric Smith motions
to accept the by-laws, Janet Smith 2nd, motion passes unanimously
c. Consideration of Deputy Chief – Tabled until later
in the meeting
d. Consideration of new council members (if any)
– Janet Smith nominates Tim Spencer, Curtis Sumner 2nd, after some discussion
from the council on whether or not to wait until the October meeting, Janet
Smith motion to put Tim Spencer on council immediately, Curtis Sumner 2nd,
John Watson votes yes, James Ellis & Eric Smith & Milton Woods abstaining
and Chief Jerry Summers shows his support, Tim Spencer then took the “Oath
of Office”.
e. Consideration of Tribal Secretary position – Janet
Smith motions to affirm Laurie Spencer as Tribal Secretary/Treasury, Eric
Smith 2nd, some discussion, motion passes unanimously
f. Consideration of Deputy Chief – Chief Jerry Summers
speaks on the subject and then nominates John Watson for the position.
Eric Smith asks if there were any more nominations. James Ellis asks that
we table this until the meeting in Oct. 2002. Paul Drew points
out that if we table it until Oct. then we would be putting our Chief in violation
of the constitution because it would be over the 60 days that our constitution
allows. There was some more discussion. Janet Smith motions to
accept John Watson as Deputy Chief, Tim Spencer 2nd, Curtis Sumner 3rd, James
Ellis votes NO, Milton Woods & Eric Smith abstaining, Chief Jerry Summers
shows his support. John Watson resigned his position on the Council,
accepted the position of Deputy Chief, and took the "Oath of Office."
g. Appropriation for embossing seal – Tim Spencer
lets council know about two embossed seals and the cost and asked council
to approve the funds for the two embossed seal, one for the Tribe and the
other one for the corporation. Paul Drew asked who would hold the embossed
seals- the council stated that Laurie Spencer would due to the fact that she
is the Tribal Secretary/Treasury. Paul Drew stated, that is who he thought
should hold them. James Ellis motion to allow the funds for the embossed
seals, Curtis Sumner 2nd, motion passes unanimously
h. Other new business:
i. Ron Nixon from Potosi,
Missouri speaks about the Cherokee gathering at the VFW hall in Potosi on
Sept. 28, 2002. Ron also states that candidate for Representative “Sayers”
is supporting the event. James Woods ask that we have a blanket or booth
for the nation at the event. John Watson reminds everyone that they
can sell items as “Western Cherokee” or “Tribal” made only, not Native American
made
j. Elders Bea & Elmo Foster nominates James Woods
& David Summers for the Elder Board. Chief Jerry Summers then asks James Woods
& David Summers to come up front and asks Elder’s Bea & Elmo Foster if they
have any questions for the two gentlemen. The Elders said no.
James Woods & David Summers accepts the nominations. The Elders approve,
James Ellis motions to accept both gentlemen for Elder Board, Curtis Sumner
2nd, motion passes unanimously Eric Smith reminds
council and James Woods that he has to step down from the election committee
since he accepted the Elder position. James Woods resigns from the election
committee so he can accept the place on the Elder board. James
Woods & David Summers take the “Oath of Office”.
9. Comments by Elders – None
10. Comments by Council – Chief
Jerry Summers says that we still need volunteers and that anyone wishing to
be on Council or Elders please send a resume to him at the Poplar Bluff address.
He also stated that our next scheduled meeting was possibly going to be in Van
Buren, Missouri and that the exact location is still to be announced.
11. Concerns of Membership –
None
12. Closing Prayer/Adjourn
– Chief Jerry Summer’s give closing prayer. Meeting adjourns at 3:03pm.
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.
