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08/09/03 Minutes

Western Cherokee Council Meeting
09 August 2003
Salem, Missouri

Present:

Deputy Chief John Watson
Council Member / Speaker -Tim Spencer
Council Member / Vic - Speaker - James Ellis
Council Member Jeff Cover
Council Member Paul Drew
Council Member Bill Sischo

Elder Elmo Foster
Elder Bea Foster

Not Present:
Chief Jerry Summers - with reason
Council Member Tim Sanders - with reason
Council Member Kelly Bernal - with reason

1) Call to Order - ( Confirm Quorum ) @ 10:30 a.m.

2) Opening Prayer - Council Member Paul Drew

3) Reading of the minutes from last meeting ( June 8, 2003 ) - Council Member / Speaker -Tim Spencer reads the Amendment to the Constitution's, Article 1 Section 2, this is the 2nd reading. Some Discussion. Council Member Paul Drew suggest that we change the word open to “a”. So it reads as follows: This amendment is to change the required number of Tribal Council Members from a fixed figure of 14 to “a” number that must be a division of the Traditional number of “7” ( i.e. 7, 14, 21, etc ) a maximum number shall be set be the Tribal Council at a future date. Council Member / Speaker Tim Spencer motion to accept the changes, Council Member Bill Sischo 2nd. - Roll call vote taken - Council Member Bill Sischo - yes, Council Member Jeff Cover - yes, Council Member Paul Drew - yes, Council Member / Vice - Speaker James Ellis - yes, Council Member / Speaker - Tim Spencer - yes, vote carries.

4) Enrollment Committee Report - Laurie Spencer states that there is approximately 36 new applications, not including the children’s that has been mailed in since our last meeting. We have had 6 member’s wanting new cards. Council Member / Vice - Speaker James Ellis suggest doing up a form letter to get everyone to mail their files into the office. - some discussion - Council Member / Speaker mention maybe we could ask Shawna Ellis if she would like to help Laurie Spencer with the enrollment committee and Laurie Spencer ask Dianna Eckstein would like to help with the enrollment committee, Dianna says yes, she would love to help. Council Member Bill Sischo motions to have Shawna Ellis & Dianna on the enrollment committee, Council Member Paul Drew 2nd, All vote yes with Council Member James Ellis abstaining for his wife Shawna Ellis.

Out of Order - to go to Close session of the Corporate Board Meeting.

Called back to Order - back to open session of the Council Meeting @ 11:32.

5) Election Board Report - Council Member / Speaker Tim Spencer presents council with a sample of the ballots that are to be mailed out for our elections - some discussion - Council Member / Speaker Tim Spencer ask for everyone's thoughts on the sample ballot - some more discussion from council. All of council agrees on the layout and that the location for counting the ballots will be at the office for security reasons. Council Member / Speaker Tim Spencer says that there is 84 registered voters to vote in this election.

6) Treasurer’s Report - Sec./ Treasurer Laurie Spencer gives the financial Report. Council Member James Ellis motion to accept the financial report, Council Member Paul Drew 2nd, all approved.

Council Member / Speaker Tim Spencer call for Lunch Break @ 12:00 p.m.

Called back to session @ 1:00 p.m.

5) A - Council Member / Vice - Speaker Tim Spencer ask that the date to publish the results of the election be pushed back to 10 Oct. 03 to allow for any late ballots. He also ask for a variance in the number of those to be present when the ballots are counted due to not enough to follow procedures and ask if we can try and get some people to oversee the counting of ballots that are not members. Council Member / Speaker Tim Spencer motions to allow for a variance of the number of people to assist in counting of the ballots, Council Member / Vice - Speaker James Ellis 2nd, all approve.

7) New Business:

A) Newsletter -

A) That the Red Path was a private newsletter published by Eric Smith and that the Tribe had only endorsed said publication. That anyone with question concerning the Red Path should contact Eric Smith.


B) Try to put out some kind of information for the people quarterly. All council members agree to go into the planning stage for a new newsletter. Council Member Paul Drew motions to remove council endorsement from the Red Path on this date 9 August 2003 due to the announcement that the Red Path is to be terminated when all subscriptions run out. Council Member / Vice - Speaker James Ellis 2nd, all approve.

B) Certificates - Council Member / Speaker Tim Spencer goes over the names to get one for all their help and also reads what is on them for all present - some discussion - Council Member / Vice - Speaker James Ellis motions to accept all the people on the certificates and mailing them out with the intent that they are given in, Council Member Paul Drew 2nd, all approve - Council Member / Speaker Tim Spencer states that the Chief will need to sign them before they can be mailed out.

C) Magnets Signs for Tribal vehicles - Council Member Paul Drew goes over the information that he found out about the signs and the cost, however we are still looking for a second quote and not all the information is not in all this time so we don’t need to vote on it at this time.

D) Contract between Tribe & Corporation - Council Member / Speaker Tim Spencer motion’s to have a contract with the Tribe & Corporation stating “Tribal Government to transfer control of all real property, excluding cultural and religious items, to the corporation, to be held in trust for the tribe, and tribal government, until such a time as the corporate By-Laws may change or until said authority is revoked. “ Council Member / Vice- Speaker James Ellis 2nd, all approve.

E) Transferring the council agenda & contacting the media - Council Member / Speaker Tim Spencer motions that the agenda for council meetings to be switched back over so that a council member does it, Council Member Jeff Cover 2nd and adds that the Speaker or Vice-Speaker do it, all approve.

F) Sergeant at Arms - Council Member / Speaker Tim Spencer ask that council think about who we could have to be sergeant at arms, due to him not being able to do the job any longer.

G) Other New Business - Deputy Chief John Watson ask if he and Chief Jerry Summers could find someone to be Public Relations and prefer that this person not be with or in the government of the tribe to help. Some discussion - All of Council agrees to have someone for Public Relations that is not already working with the tribal government.

8) Comments by tribal communities or members - Council Member Jeff Cover gives an update on how the fair was going and he states that things are going great. He mentions that he was ask the difference between East & Western bands. Some discussion.

9) Comments by Elders - Elder Elmo Foster states that some members have stated that they did not like coming to our council meetings cause they thought that our debates sound more like arguing. He ask council if could maybe not debate as much, council states they will try.

10) Comments by the Members - None

11) Comments by the Council - Council Member Paul Drew ask where we will be having our next meeting at and ask if we could have it in Blytheville, AR. on 11 Oct. 2003, some discussion, Deputy Chief Ok’s and rest of council says alright.

12) Comments by the Chief & Deputy Chief - None

13) Closing prayer - given by Council Member Paul Drew at the end of the Corporate Board Meeting.

14) Meeting Adjourn - @ 1:45pm.

 

Western Cherokee

Corporate Board Meeting

 

09 August 2003

Salem City Park, Salem, Missouri

Present:
Board Member, Deputy Chief John Watson
Board Member, Council Member / Speaker -Tim Spencer
Board Member, Council Member / Vic - Speaker - James Ellis
Board Member, Council Member Jeff Cover
Board Member, Council Member Paul Drew
Board Member, Council Member Bill Sischo

Elder Elmo Foster
Elder Bea Foster
 

Not Present:
Board Member, Chief Jerry Summers - with reason
Board Member, Council Member Tim Sanders - with reason
Board Member, Council Member Kelly Bernal - with reason

1) Roll Call - (Confirm Quorum) All board members present list above all answer here.

Out of Order - in close session & off the record - roll vote - all present board members approve. After some discussion board member John Watson ask to go out of close session - all present board members approve to come out of close session @ 11:32am. and go back into the Council Meeting.

2) Call back in Session - @ 2:00pm. All board members still present that are listed above.

3) Call back in to Close Session - Roll call vote taken all board members approve.

4) Call back in to open Session - Roll call vote take all board members approve.

5) Old Business: (if any)

A) Review of Documents prepared and disseminated over the past two months - All documents were sent out and done in close session and approved by all board members by roll vote.

B) Roll call vote on resignations of Janet Smith & Curtis Sumner for the corporate records - Roll vote Paul Drew motions to accept both their resignations, Tim Spencer 2nd, Paul Drew - Yes, Jeff Cover - Yes, John Watson - Yes, Bill Sischo - Yes, James Ellis - Yes for Curtis Sumner, No for Janet Smith, Tim Spencer -Yes for Curtis Sumner, No for Janet Smith, Laurie Spencer - Yes for Curtis Sumner, No for Janet Smith, Vote carries both resignations accepted.

6) New Business:

A) Grant Proposal by Greg Baney - Done in close session. Open session Tim Spencer nominates Greg Baney to be the tribes grant administrator, Bill Sischo 2nd, all present approve.

B) Continuing authorization of expenditures for all recurring office bills - Tim Spencer motions to allow Laurie Spencer Sec./Treasurer to have the funds to pay all recurring bills for the office, Bill Sischo 2nd, roll vote taken all present approve.

C) Authorization to purchase a server computer (s) system not to exceed $300.00 - Tim Spencer goes over the information on the computers - some discussion - James Ellis motions to purchase them, Paul Drew 2nd, roll vote, all present approve.

D) Authorization for 2 petty cash box for office use - Jeff Cover motions to get 2 petty cash boxes for the office, Bill Sischo 2nd, roll vote, all present approve.

E) Authorization for preparation of a formal contract between Tribe & Corporation detailing the storage and security of Tribal Records by the Corporation for the Tribe - Tim Spencer motions that we have a contract between Tribe and Corporation detailing the storage & security of Tribal Records by the Corporation for the Tribe, Jeff Cover 2nd, roll vote all present approve.

F) Consideration for Renters/Liability Insurance for the office - This issue is tabled until we have further information.

G) Tim Spencer & James Ellis Q&A on donation/purchase of old middle school - James Ellis & Tim Spencer goes over their talk with the mayor of Salem- Laurie Spencer motion to let James Ellis & Tim Spencer continue the talks with the mayor on this issue, Bill Sischo 2nd,roll vote, all present approve.

H) Appropriations for fundraiser in Potosi in September, estimated funds of $500.00 - Tim Spencer motions to appropriate the funds for fundraiser in Potosi, Bill Sischo 2nd, roll vote, all present approve.

7) Any discussion for all present - Tim Spencer motions to loan Jeff Cover one of the computers in the office so that he can be kept up to date on issues until he can get his own, Paul Drew 2nd, roll vote, all approve.

8) Closing Prayer - Paul Drew gives closing prayer.

9) Meeting Adjourn - @ 5:20pm.

 

 

 

 
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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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