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Meeting of the Council of the Western Cherokee
October 12, 2002
Water Crest Park, Van Buren, MO
1. Call to order (Confirm Quorum)
Meeting called to order by Jerry Summers at 10:49 Council members present are
Kelly Bernal, Tim Sanders, Janet Smith, James Ellis, and Tim Spencer.
Curtis Sumner is absent without proxy. Executive officers present are
Jerry Summers and John Watson. Elders present are Bea Foster, Elmo Foster,
Milton Woods, and David Summers.
2. Opening Prayer
Paul Matheny opens the meeting with prayer.
3. Reading of minutes from last meeting
Tim Sanders moves to accept the minutes from the last meeting. Janet Smith
seconds, and the motion passes unanimously except for James Ellis who abstains.
4. Old Business
a. Financial report
Laurie Spencer gives a financial report. Tim Sanders moves to accept
the report, Kelly Bernal seconds, and the motion passes unanimously.
b. Report by Enrollment Committee
Janet Smith gives a report on the number of new enrollments and new cards
issued. Tim Sanders and John Watson each ask follow-up questions which
Janet responds to. Kelly Bernal moves to accept the Enrollment Committee’s
report, Tim Spencer seconds, and the motion passes unanimously.
c. Report by Election Board
Eric Smith reports that the procedures are ready to be voted on, which will
be taken up under new business. Eric plans to get the election process
started in March, with voting to happen in September 2003 and new officers
taking office in October. John Watson recommends a November election.
Tim Sanders and James Ellis ask questions which Eric responds to and several
people comment on. Further discussion is postponed until new business.
d. Report on 501(c)3 status
Tim Spencer reports for Corp. Secretary on a required amendment that has been
made to the articles of incorporation, and that paperwork was submitted on
October 9. He reports that we should hear something within a few weeks.
John Watson explains what the 501(c)3 means for the future of the people.
5. New Business
a. Consideration of new Council members
Jerry Summers introduces Joe Browning from Jeffersonville, IN, who talks with
the Council and answers their questions. He indicates that he is not
prepared to be put on Council today but will be making a decision regarding
whether he is interested in serving in this capacity.
Ron Nixon’s resume is distributed, and Jerry Summers informs
him that Council will consider his resume.
b. Discussion of role of Robert’s Rules of Order in Council
meetings
Tim Spencer brings up the question of whether we should replace Roberts Rules
of Order as the operating procedure for Council meetings. James Ellis
offers a suggestion to replace Roberts Rules of Order with a separately written
set of procedures. Several people comment on the issue. James
Ellis gives a first reading of an amendment he proposes to Section 5b of the
Constitution regarding proxies, and the Council agrees to consider the matter
at the next meeting. Tim Sanders suggests that James Ellis identify
any other problems with Roberts Rules of Order so the Council can address
those issues.
Jerry Summers calls a lunch break at 12:19. Meeting
is called back to order at 13:49
c. Discussion of extending time frame in Article 5, Section
2 of the constitution for another 90 days
Tim Spencer points out that we are not yet in a position to fulfill the obligations
of this section, and moves to extend the time frame for another 90 days.
John Watson suggests that we amend the extension until elections. Tim
Spencer amends his motion accordingly. Tim Sanders seconds, and the
motion passes unanimously.
d. Vote on election procedures
Tim Sanders moves to adopt the election procedures presented by Eric Smith.
Tim Spencer seconds. James Ellis moves to remove sections 2C and 4A5.
Tim Spencer seconds, and the amendment passes unanimously. The motion
passes unanimously.
e. Community outreach-better ways of reaching our people,
esp. in AR and OK
John Watson expresses his desire to reach our people better. No motion
is made.
f. Acknowledgement of Paul Matheny’s work on the seal
The Council applauds Paul Matheny for his work on the seal, and John Watson
expresses his thanks on behalf of the Council. Paul Matheny presents
ideas for a flag for our tribe.
g. Other New Business
James Ellis rescinds the proposed Constitutional amendment he read before
lunch. Tim Sanders proposes a new Constitutional amendment for first
reading which would remove Article I, Section 7a and Article I, Section 5b
from the Constitution. The intent is to enact these sections as resolutions
upon their removal from the Constitution, thereby making meeting procedures
a statutory rather than a Constitutional item.
All Council members unanimously confirm their vote from
the September 23 resolution to rescind Resolution 040402B in full. Tim
Spencer and John Watson confirm that Curtis Sumner voted in the affirmative
by phone.
6. Comments by Elders
Each of the elders present except Elmo foster speak briefly.
7. Comments by Council Members
None.
8. Comments by membership and local group reports
Ron Nixon reports on a gathering held in Potosi on September 28. Jerry
Summers passes around a newspaper article about the event.
9. Closing Prayer/Adjourn
Jerry Summers sets the next meeting for December 14 in Van Buren at the Youth
Center.
Paul Matheny closes in prayer.
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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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