Western Cherokee 06/08/02 Minutes

Western Cherokee People

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Western Cherokee Council Meeting
14 June 2003
Lake Wappapello, Missouri

Present:
Chief Jerry Summers
Deputy Chief John Watson
Council Member James Ellis
Council Member Tim Spencer
Council Member Kelly Bernal

Elder Elmo Foster
Elder Bea Foster

Not Present:
Council Member Tim Sanders
Council Member Janet Smith
Council Member Curtis Sumner

1) Call to order (Confirm Quorum) - By Chief Summers @ 10:47am

2) Opening Prayer - Chief Summers gives opening prayer

3) Reading of minutes from last meeting - Council Member Tim Spencer motions to wave the readings of the last meeting, Council Member James Ellis 2nd, Roll call vote - Council Members Kelly Bernal, James Ellis & Tim Spencer all approve.

4) Old Business:

A) Financial Report - Tribal Treasurer Laurie Spencer gives the financial report.

B) Enrollment Committee Report - Enrollment Committee Member Laurie Spencer states that at time she was not sure due to Enrollment Committee Chair Janet Smith was handling most of the enrollment items herself.

C) Election Board - Council Member Tim Spencer gives the report - Council Member Tim Spencer tells how the election board is coming along.

D) Funding for the web site - Deputy Chief Watson lets council know that we have received a donation for the funding if council wants to continue the web site and that the donation made would cover the web site for the next 5 years. All council present voted to approve.

E) Discussion of Tribal Council Speaker and Vice-Speaker - There is some discussion on rotating the positions or not to rotate. Council Member James Ellis motions to make it intern period until election then one person will be the chair/speaker until the next election. Council Member Kelly Bernal 2nd, all approve.

F) Second reading of the proposed constitutional amendment - Council Member James Ellis gives the 2nd reading of Article 1 Sec. 5 to change the word Chair/Vice-Chair to say Speaker/Vice-Speaker. Council Member Kelly Bernal motions to change the wording to Speaker/Vice-Speaker, Council Member James Ellis 2nd, all present approve.

Elder Elmo Foster suggest that Council Member Tim Spencer be the Speaker and Council Member James Ellis the Vice-Speaker. Council Member Kelly Bernal motion to accept Elder Elmo Fosters suggestion to make Council Member Tim Spencer Speaker and Council Member James Ellis Vice-Speaker, Council Member Tim Spencer 2nd, all present approve.

5) New Business:

A) Extension of Election registration deadlines until 01 July per Chief Summers request - Council Member Tim Spencer motion to do a roll call vote just to confirm the e-mail vote taken for extinction of the voters sending in there voters registration forms deadline, Council Member James Ellis 2nd, roll call taken- Council Member James Ellis, Council Member Kelly Bernal & Council Member Tim Spencer all approve.

Out of Order Issues - New candidates for Council:

Chief Summers introduces candidate Jeff Cover, some questions are asked by Council Members, and by members present. Chief Summers ask the Elders what their opinions is - the Elders all approve. Council Member Tim Spencer motions to accept Jeff Cover to be on Council, Council Member James Ellis 2nd, all present approve.

Chief Summers reads the oath of office - Jeff Cover takes the oath of office, everyone present welcomes him in.

Speaker Council Member Tim Spencer call for a small break @ 11:30

Meeting called back to order @ 11:50

Speaker Council Member Tim Spencer gives the floor to Chief Summers - Chief Summers nominates to place Paul Drew on Council until the election. Speaker Council Member Tim Spencer ask the Elders, Council and members present if they have any question for Paul Drew- some questions are asked of him. Council Member James Ellis motion to accept him to council until the elections, Council Member Jeff Cover 2nd, all approve.

Chief Summers reads the oath of office - Paul Drew takes the oath of office, all welcome him in.

Chief Summers introduces Harold (Bill) Sischo and recommends him being placed on Council.

Speaker Council Member Tim Spencer ask if we could delay the vote on him until later in the day so that everyone has a chance to know him some before taking the vote, everyone agrees.

Mr. Sischo asked if he could present something to the Chief - everyone agrees. Mr. Sischo presents to the Speaker Council Member Tim Spencer a "Chiefs Necklace" and ask that it be passed down to the next Chief and so on. and then ask him to present it to the Chief Summers. Speaker Council Member Tim Spencer present the gift to Chief Summers with the understanding that the "Chiefs Necklace" will be passed down to the next Chief and so on.

Mr. Sischo also presents one for the Deputy Chief and ask that it to be passed down and so on. It is presented to Deputy Chief Watson with the understanding that it to is to be passed down to the next Deputy Chief and so on.

5) New Business:

B) Enrollment Department Issues:

1) Authorization to Purchase Legacy Software for records database - Laurie Spencer explain the program and presents the cost to all of Council, Chief and Deputy Chief. Council Member James Ellis motions to go ahead and purchase Legacy program for the $65.00, Council Member Kelly Bernal 2nd, all present approve.

2) Costs to Refurbish/Pain Filing cabinets for files - Speaker Council Member Tim Spencer states that the cost to repaint the ones donated already will be only $8.00 for the paint. A member present Ms. Tucker says that she would like to donate the $8.00 to repaint the filing cabinets. All of Council, Chief and Deputy Chief give their thanks to her donation.

3) Continue authorization for Enrollment Committee funds of $75.00 every two months for expenses - All of Council approves to continue the authorization of $75.00 for the Enrollment Committee.

C) Discussion of July Activities in Salem - Deputy Chief Watson goes over the activities for the weekend.

D) Other New Business:

1) Vice-Speaker Council Member James Ellis motion to reimburse Tim & Laurie Spencer for the $20.00 they paid for the butchering of the hog for this weekend, Council Member Jeff Cover 2nd, all present approve.

2) Chief Summers ask if we are keeping the Post Office Box in Poplar Bluff and if so then we need to allot the funds to pay for it. Speaker Council Member Tim Spencer motions to approve the funds for another 6 months for the Post Office Box, Council Member Jeff Cover 2nd, all present approve.

3) Resignations from Council Members - Sec./Treasurer Laurie Spencer reads to Council Members and all present that Council Member Janet White Fawn Smith, Election Board Chairman Eric Thunderbird Smith and Council Member Curtis Sumner resignations - some discussion - Speaker Council Member Tim Spencer motions to accept all of their resignations and he also calls for a Roll Vote, Council Member Kelly Bernal 2nd, Roll Vote - Speaker Council Member Tim Spencer - yes for all, Vice-Speaker Council Member James Ellis - yes for Curtis Sumner & no for Janet & Eric Smith, Council Member Kelly Bernal - yes for all, Council Member Jeff Cover - yes for all, Council Member Paul Drew - yes for all.

4) Awards to be given - Speaker Council Member Tim Spencer states that we have two awards to be given, then turns the floor over to Chief Summers - Chief Summers reads the White Bear awards that he would like to given to Mr. Paul Matheny & Mr. James Green. Speaker Council Member Tim Spencer ask for any and all discussion of the awards being given from all present. Elder Elmo says send them and no other discussion. Council Member Kelly Bernal motions to send both the awards, Council Member Jeff Cover 2nd, all present approve, Council Member Paul Drew votes no.

5) Council Member Paul Drew mentions the wording in the constitution & amendments - Council Member Paul Drew refers to the number of Council Members and how it reads now and mentions having it say a group(s) of seven ( 7 ). Speaker Council Member Tim Spencer asked to table this till after lunch so that they could have time to redo the wording so that it could be done right. Everyone agrees to table it until after lunch.

Speaker Council Member Tim Spencer motions to go ahead and accept Mr. Sischo to set on Council. Council Member Paul Drew 2nd, all present approve with only Vice-Speaker Council Member James Ellis abstaining.

Chief Summers reads the oath of office - Mr. Bill Sischo takes the oath of office - all welcome him in.

Lunch Break @ 1:05pm

Meeting Resumes @ 2:28pm

Speaker Council Member Tim Spencer ask Council Member Paul Drew to read the changes to Article 1 Section 2. - this is an Amendment to the Constitution- “ This amendment is to change the required number of Tribal Council Members from a fixed figure of 14 to an open number that must be a division of the Traditional number of “7” (i.e. 7,14,21, ect. ) A maximum number shall be set by the Tribal Council at a future date. “ Speaker Council Member Tim Spencer motion to accept the changes to the amendment, Council Member Paul Drew 2nd, all present approve.

Chief Summers states that he has to go ahead and leave because he has a wedding to do this afternoon and says good bye to all.

Council call for close session for a few minutes. - Present in close session is : Tim Spencer, James Ellis, Kelly Bernal, Jeff Cover, Paul Drew, Bill Sischo, Deputy Chief Watson & Sec./Treasurer Laurie Spencer - Not Present - Tim Sanders & Chief Summers.

Called back to open session

6) Comments by the Elders - None

7) Comments by the Council - None

8) Comments by the Membership & Local Group Reports - Member Kim Theabu reminds everyone of the meeting of the Potosi group in July.

9) Comments by the Chief & Deputy Chief - None

10) Closing Prayer - Elder Bea Foster gives closing prayer at the end of the Corporate Board Meeting.

Council Meeting Adjourns @ 3:45pm

Corporate Board Meeting to follow Council Meeting.

Western Cherokee Corporate Board Meeting

14 June 2003

Lake Wappapello, Missouri

Present:

Vice -President, Deputy Chief John Watson
Sec./Treasurer Laurie Spencer
Board Member, Council Member James Ellis
Board Member, Council Member Kelly Bernal
Board Member, Council Member Tim Spencer
Board Member, Council Member Jeff Cover
Board Member, Council Member Paul Drew
Board Member, Council Member Harold (Bill) Sischo

Not Present:
President, Chief Jerry Summers
Board Member, Council Member Tim Sanders

1) Call to order - (Confirm Quorum) @ 4:00pm

2) Roll call on all present - Vice- President, Deputy Chief John Watson, Sec./Treasurer Laurie Spencer, Board Member, Council Member James Ellis, Board Member, Council Member Kelly Bernal, Board Member, Council Member Tim Spencer, Board Member, Council Member Jeff Cover, Board Member, Council Member Paul Drew & Board Member Bill Sischo.

After this where is says Board Members is also known as Board Members, Council Member & Vice-President is Vice-President, Deputy Chief.

3) Old Business:

A) Elections - Vice- President John Watson motions to appropriate the funds for elections by using the funds collected by all candidates - $150.00 and more if needed. Board Member Bill Sischo 2nd, all Board Members approve the funds.

B) Corporate Office - Board Member Tim Spencer motions to go ahead and open the office since we now have the funds. Vice- President John Watson 2nd, all Board Members approve to go ahead and open our corporate office in Salem, Missouri.

Board Member Tim Spencer mentions that we will need volunteers to help with Election Day ballot counting.... He also reminds those running for office that they can not volunteer to help.

C) Donations - Board Member Bill Sischo says he would like to donate a computer to the enrollment committee to be used for a database for enrollment purposes. Donation were also made from Crossroads Corner for door prizes for our corporate office open house. The Western Cherokee Tribe also donate a couple of tee shirts for door prizes at open house

D) 4th of July Funds - Vice- President John Watson mention that we will need to appropriate the funds for 4th of July weekend. We will need at least $500.00 in change. Board Member James Ellis tells everyone about the vendors he has talked to like coke and those for the food. Board Member Bill Sischo says he will donate the condiments. Board Member Jeff Cover donates a drum for a raffle & Board Member Bill Sischo donates a 22” Eagle Knife also to be raffled off on the 4th of July 2003. Board Member Tim Spencer motions to appropriate $1200.00 for the 4th of July celebration in order to do our fundraising. Board Member Kelly Bernal 2nd, all Board Members approve the funds.

4) New Business- None at this time.

5) Closing Prayer - Elder Bea Foster gives closing Prayer.

6) Corporate Meeting Adjourns @ 4:40pm

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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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