Western Cherokee
Tribal Council Meeting
17 April 2004
W.C. Whitmyer Community Room
403 North Jackson Street
Salem, Missouri 65560
Council Present: Chief Jerry Summers
Deputy Chief John Watson
Sec./ Treasurer Laurie Spencer
Council Member/ Speaker Tim Spencer
Council Member/ Vice-Speaker James Ellis
Council Member Jeff Cover
Council Member Bill Sischo
Not Present: Elder Poly Roak
Elder David Summers
Elder Milton Woods
Elder Diana Dee
1) Meeting called to order @ 10:00am
2) Roll call taken: Present are listed above
3) Reading of minutes – Tabled until next meeting due
to some did not have the chance to read them yet.
4) Reports –
a. Enrollment Report – Laurie Spencer says that we
are still receiving applications and members wishing to have their cards
redone and we hope to have the Photo ID cards going by the first part of
April and she says Wado (Thank you) to those who have been waiting for their
patience. Some Discussion on the photo ID cards.
c. Election Board – none
d. Other Departments/Communities -
1. Departments - none
2. Communities - Western Cherokee Big River Community -
Jeff Cover mentions that they have signed up to participate in the Worlds
Fair and that elder Milton Woods had talk to with someone outside of the
tribe about this and he said that would be fine. They plan on telling children's
stories and give out information about the tribe and membership. Deputy
Chief John Watson mentions that he also spoke with the same person outside
of the tribe and he said they can tell children stories of origin, but must
tell them not read them. Bill Sischo motion to have the Western Cherokee
Big River Community put in writing to submit 3 copies for Executive Branch,
Council and Elders for approval on or before the 1st of May 2004. Jeff Cover
2nd, roll vote taken, all approve.
Tim Spencer motions that council due up a letter showing
support for the Elder Board to due what they need to do, James Ellis 2nd,
roll vote taken, all approve.
5) Old Business:
a. Tom Collins appointment to council – Chief Jerry Summers
withdraws his nominations for Tom Collins - all of council agrees to remove
this issue form the minutes without malice - we understand there are issues
which prevents Tom from being on council at this time.
b. Patches – some discussion - Tim Spencer said he would
get the agreement in writing before we purchase anything. All of council
agrees. Council members all state it would be nice if we could get some
before the 4th of July 2004.
6) New Business:
a. Grant – present by the tribes grant administrator.
b. Signing of letter for the grant administrator – Council
all agrees to sign the letter giving our tribal grant administrator the
go ahead on the grant.
Lunch Break called @ 12:00pm
Break
Called back to order - goes into Corporate board meeting
@ 1:00pm
Corporate Board Meeting adjourns @ 2:10pm
Called back to order - goes back into Council Meeting @
2:10pm
Council goes into close session - Tabled
Returned to open session @ 2:11pm
Deputy Chief Watson mentions that the Sac River and White
River Bands of Chickamauga Cherokee Nation once approved by their council
that we be part of a committee to reach a greater understanding for the
preservation of our cultural and heritage. Tim Spencer motion
to authorize the Chief to work together with the Sac River and White
River Bands of Chickamauga Cherokee Nation once approved by their council
which may include forming committees. - James Ellis 2nd, roll vote taken,
all approve.
Note:
June Gathering on the 19th of June 2004 @ Cedar Grove located
on the Current River. - Some discussion.
Next Council Meeting 12th June 2004 @ W.C. Whitmyer Community
Room - 403 North
Jackson Street -Salem, Missouri 65560 - located in the basement
of the US Bank a block from the corporate office.
7. Any discussion from:
a. Executive branch – None
b. Elders – None
c. Council Members – None
d. Tribal Member – None
WESTERN CHEROKEE BUSINESS
1. The regular meeting of the Corporation’s Board of
Directors was duly called and held pursuant to the Corporation’s Bylaws.
2. The regular meeting of the Corporation’s Board of
Directors was held in Salem, Missouri and began at _1:00_o'clock on
the afternoon of the 17th day of April, 2004.
3. All members of the Board of Directors were duly noticed
as provided in the Bylaws and were either in attendance at such regular
meeting or waived attendance at such regular meeting.
4. The following members of the Corporation’s Board of
Directors were present in person at such meeting, which constituted a quorum
permitting actions to be taken pursuant to the Bylaws of the Corporate
Jerry W. Summers
John M. Watson
Laurie W. Spencer
James Ellis
Tim Spencer
Harold Sischo
Jeff Cover
5. The following members of the Corporation’s Board of
Directors were absent from such meeting. None
6. The regular meeting of the Board of Directors of the
Corporation was called to order by Chief Jerry W. Summers, the Chairperson
of such meeting (“Chairperson”). The Chairperson read the role of directors
and determined that the persons listed as being in attendance as
aforementioned were in attendance and thereafter declared that a quorum was
present to conduct business pursuant to the Corporation’s Bylaws.
7. The Chairperson declared that each member of the Board of
Directors was duly noticed of the regular meeting pursuant to the terms of
the Corporation’s Bylaws and that each such Director was either in
attendance at such meeting, could not be contacted, or provided an
electronically transmitted written waiver of notice. Thereafter, the members
of the Board of Directors in attendance , upon motion of the Chairperson
which was duly seconded,
RESOLVED THAT each such attending member waives notice of such regular
meeting and that the transmission of notice to the Directors was in
conformity with the requirements of the corporation’s Bylaws and as such the
regular meeting had been duly noticed and that the copies of the notices and
waivers be made part of the record of this regular meeting.
8. The Corporation’s Secretary was in attendance and acted
as the secretary of the meeting.
9. The Secretary of the Corporation declared that the
minutes of the previous meeting of the Board of Directors had been
transmitted to each member of the Board of Directors and that no objections
thereto had been received. On motion, made and seconded and unanimously
carried, the reading of the minutes of the preceding meeting of the board of
directors was dispensed with and the minutes approved without reading the
same into the record of this regular meeting.
10. Upon determining that a quorum was in attendance, the
Chairperson declared that the regular meeting was called in order to
consider the Corporation’s formal designation, as a donation-in-kind, that
property commonly known as 304 West Eighth Street {complete legal
description to govern}.
11. The Directors engaged in a discussion of the merits of
taking such action and the possible benefits and detriments to the
Corporation of entering into the Agreement.
12. Following the discussion by the Directors of the merits
of taking such action, a motion was duly made and seconded that the
Corporation take such steps and that the officers of the Corporation be
authorized and directed to take all necessary steps and execute all
documents necessary to facilitate the above described actions.
13. It was resolved by the Board of Directors that:
RESOLVED, that the Corporation should formally designate the aforementioned
and described property as a donation in-kind, the details of which were
presented to the Board of Directors for approval on the 17th day of April,
2004.
14. The Chairperson declared that the next agenda item was
the financial report.
15. It was resolved by the Board of Directors that:
RESOLVED, that the Corporation Financial Report was given by Laurie Spencer
and was presented to the Board of Directors for approval on the 17th day of
April, 2004.
16. The Chairperson declared that the next agenda item was
to get a CPA to help with taxes that must be mailed by 30 June 2004.
17. It was resolved by the Board of Directors that:
RESOLVED, that the Corporation should have Chairperson Chief Jerry Summers
check with Mark E. to help with the taxes and let the Board of Directors
know, was presented to the Board of Directors for approval on the 17th day
of April, 2004.
18. The Chairperson declared that the next agenda item was
the consideration of the Corporation applying for a “Debit Card” from U.S.
Bank to facilitate the ready access to funds in the event of emergency or
out of area travel by board members and tribal government officials on
tribal or corporate business.
19. The Directors engaged in a discussion of the merits of
taking such action and the possible benefits and detriments to the
Corporation of entering into the Agreement.
20. Following the discussion by the Directors of the merits
of taking such action, a motion was duly made and seconded that the
Corporation take such steps and that the officers of the Corporation be
authorized and directed to take all necessary steps and execute all
documents necessary to facilitate the above described actions.
21. It was resolved by the Board of Directors that:
RESOLVED, that the Corporation should apply for a “Debit Card” from U.S.
Bank with a daily withdrawal limit of no more than _Two__ hundred
dollars ($200.00), and, that the Corporate Secretary should maintain
custody of such “Debit Card” unless same was in use by an official of the
tribal government. The details of such “Debit Card” acquisition, including
fees and costs associated with it’s use, were presented to the Board of
Directors for approval on the 17th day of April, 2004.
22. The Chairperson declared that the next agenda item was
the consideration of the funds for upcoming 4th of July 2004 fundraiser.
23. It was resolved by the Board of Directors that:
RESOLVED, that the Corporation should allocate the funds necessary to
acquire food and drinks to be re-sold, the details of which were presented
to the Board of Directors for approval on the 17th day of April, 2004.
24. The Chairperson declared that the next agenda item was
the consideration of a “Community Chapter” Agreement between the Western
Cherokee (non-profit corporation) & Western Cherokee Big River Community.
25. It was resolved by the Board of Directors that:
RESOLVED, that the Corporation should have James Ellis & Jeff Cover form a
committee to work out an agreement between the Western Cherokee (non-profit
corporation) & Western Cherokee Big River Community (an association), the
details of which were presented to the Board of Directors for approval on
the 17th day of April, 2004.
26. There being no further business, the regular meeting of
the Board of Directors of the Corporation was adjourned at _2:10_o'clock
on the afternoon of the 17th day of April, 2004.
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.
