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10/11/03 Minutes

Meeting of the Council of the Western Cherokee
9:00am-5:00pm, October 11, 2003
Arkansas Northeastern College Recital Hall
Adams/Vine Library
Blytheville, Arkansas

Special Guests

Guest Speaker: Pat Lendennie, Blytheville Archeological Heritage Committee

Honored Guests: Mississippi County Judge Steve McGuire

Blytheville Mayor Barrett Harrison

Sponsor: Ms. Donna Gardner, Professor of English and Humanities

1. Call to order, opening prayer, confirm quorum.

2. Reading of the minutes. (Laurie Spencer)

3. Report of Enrollment Committee. (Laurie Spencer)

4. Report by Communities/Bands

5. Report of Official Election Results. (Tim Spencer)

a. Election Judges/Observers are asked by the Chief if there were any observed irregularities that could have in any way influenced the outcome of the election.

b. With the approval of the Tribal Council and the Executive, the Election Board Certifies the results and the Election Results read into the record.

c. Speaker of the Council Swears in Chief

d. Tribal Council:

1. Executive Office nominates up to four sitting appointed council members whom are willing to serve another two year term for re-appointment to council, and;

2. nominates any new council candidates and vote is taken and recorded, and;

3. Chief swears in all elected and appointed/reappointed council seats.

10 Minute Break

 

6. Nominations/Appointments

a. Secretary & Treasurer* ** (Nominated by Executive Department)

b. Speaker* (Nominated and Appointment by Council)

c. Vice Speaker* (Nominated and Appointment by Council)

d. Sergeant-at-Arms

e. Director, Department of Historical & Cultural Preservation, Restoration, and Repatriation (Nominated by Executive Department)

f. Coordinator, Family Assistance Program (Nominated by Executive Department)

g. Executive Administrative Assistant (Nominated by Executive Department)

h. BIA Liaison (Nominated by Executive Department)

i. Election Board Chairperson* (Nominated by Executive Department)

j. Director, Department of Public Safety (Nominated by Executive Department)

k. Tribal Council Secretary (Nominated and Appointment by Council)

l. Chief swears in all appointed offices.

* DENOTES POSITIONS THAT MUST BE FILLED AT THIS MEETING TO ENABLE THE TRIBE TO FUNCTION PROPERLY.

** The offices of Tribal Secretary/Treasurer and Tribal Council Secretary are two separate offices with distinctly different responsibilities.

Lunch Break

8. Old Business:

a. Review and approve or make changes to the contract between tribe and corporation. (Tim Spencer)

b. Newsletter (James Ellis)

c. Signs for vehicles (Paul Drew)

d. Public Relations Coordinator (Executive Department)

9. New Business

a. 2004 Ceremony, Pow-Wow, and Gathering Discussion (all)

b. Discussion on Enrollment Committee Issues

1) Discussion on Declaring the Enrollment Committee to be an official Department of the Tribal Government and also to possibly change name of Enrollment Committee to reflect that it is a Department if it’s status is changed.

2) Issue of certain lost documents in transfer of Enrollment Board Chairperson office.

c. Use of the name and seal of the Tribe by auxiliary organizations. groups and individual members.

1) Copyright enforcement / Service Mark Registration discussion

2) Acceptable Use Policy development discussion

10. Comments by Elders

11. Comments by Council Members

12. Comments by the Executive Department

13. Comments by the attending tribal citizens.

14. Closing Prayer/

Western Cherokee Business

Present are:
Vice Chair/Deputy Chief John Watson
Board member/ Councilmen Tim Spencer
Board member/ Councilmen James Ellis
Board member/ Councilmen Bill Sischo
Board member/ Councilmen Paul Drew

Not Present are:
Chair/Chief Jerry Summers - absent with reason and proxy.
Board member/ Councilmen Jeff Cover - absent with reason and proxy.

Meeting called to order @ 4:17pm

Roll call taken - all present above is here.

1) Old Business:

A) Roll call vote to verify funds approved by phone poll for close bid - all present above vote yes and Chair/ Chief Summers, Board member/ Councilmen Jeff Cover voted yes on phone poll and yes by proxy. Vote carries.

B) Contract between Tribe and Corporation (reading & signing)- Bill Sischo motions to accept the contract as read by Tim Spencer, Laurie Spencer 2nd, all present vote yes, proxy for Jeff Cover yes, proxy for Chief Summers yes, vote carries.

C) Insurance for corporate office - James Ellis says he is still looking into it and that he is having a hard time getting a quote due to the value of items in the office. Laurie Spencer offers to see if she can find a quote and help James Ellis.

D) Report on acquisition of property if ready at this time - Vice Chair/ Deputy Chief Watson mention the check for $100.00 for middle school bid. He also mention the warranty deed on the property on 8th street and that the bank agreed to donate it, but we still need to pay $250.00 for appraisal & closing cost.

Discussion on FEMA - James Ellis states that we need to fill out the paperwork & a rep. in the local area to help rep. the people of the Western Cherokee. James Ellis goes over what all it covers. John Watson says we should look into it and do it. James Ellis says that the paperwork needs to be filled out and turned in before their (FEMA) January meeting. Some more discussion.

2) New Business:

A) Financial Report - Laurie Spencer gives the report, Paul Drew motion to accept it as is, Bill Sischo 2nd, all present approve with no proxy votes, vote carries.

3) Any discussion from all present - None

4) Closing prayer - Elder Bea Foster gives closing prayer.

5) Corporate board meeting adjourns @ 5:00pm.

 

 

 

 
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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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