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Stockbridge-Munsee Community |
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On Tuesday, May 1st, 2007, the Stockbridge-Munsee Tribal Council held a Regular Tribal Council Meeting and at that time the following motions were made and carried:
APPROVAL OF AGENDA-
Strike:
Head Start Graduation Request and RV Park Model Recommendation for North Star CasinoAdd: Escrow Account (Executive Session) as the first item on the agenda.
Move: The Haskell Football Team Donation to the last item before Executive Session
Motion by Scott R. Vele to approve the revised Regular Tribal Council Meeting agenda for Tuesday, May 1st, 2007. Seconded by Jolene Bowman.
Motion maker amends motion to include: striking the HR Budget Modification. Motion carried.
EXECUTIVE SESSION-
Motion by Wallace A. Miller to go into Executive Session. Seconded by Terrie K. Terrio. Motion carried at 5:03 PM.
Motion by Terrie K. Terrio to come out of Executive Session. Seconded by Scott R. Vele. Motion carried at 5:18 PM.
Robert Chicks, Sterling Schreiber and Jolene Bowman did not participate in Executive Session.
While in Executive Session discussion was held on the State Escrow Account with one of the Tribe’s Attorney in Milwaukee
Motion by Terrie K. Terrio to approve the supplemental stipulation and escrow agreements to address the income tax treatment of tribal members, subject to non-substantive language in the agreement. Seconded by Wallace A. Miller.
Roll Call: Terrie yes, Jolene abstain, Sterling abstain, Wally yes, Shan yes and Scott yes. Motion carried.
MEETING MINUTES-
Special Meeting, Thursday, March 22, 2007-
Motion by Scott R. Vele to approve the Special Tribal Council Meeting minutes of Thursday, March 22, 2007, as presented. Seconded by Shannon Holsey. Motion carried.
Special Meeting, Monday, April 2, 2007-
Motion by Scott R. Vele to approve the Special Tribal Council Meeting minutes of Monday, April 2nd, 2007, with the defeated motion incorporated by Secretary.
Seconded by Sterling Schreiber. Motion carried.
Regular Meeting, Tuesday, April 3, 2007-
Motion by Scott R. Vele to approve the Regular Tribal Council Meeting minutes of Tuesday, April 3rd, 2007, striking Sterling Schreiber from the Tribal Council attendance.
Seconded by Shannon Holsey.
Roll Call: Terrie abstain (travel), Jolene yes, Sterling yes, Wally abstains, Shan yes and Scott yes. Motion carried.
TRIBAL FINANCIALS FOR MARCH 2007-
Motion by Scott R. Vele to post the Stockbridge-Munsee Community financials for comment. Seconded by Wallace A. Miller. (six months ending March 31, 2007) Motion carried.
TRIBAL WILDLIFE FUNDING REQUEST-Mike Micik/Bob Frank
Motion by Jolene Bowman to go along with the funding request to be taken out of Tribal Government, to support the Wildlife Biologist program from June 1st, 2007 to September 30, 2007. Seconded by Sterling Schreiber.
Roll Call: Terrie yes, Jolene yes, Sterling yes, Wally yes, Shan yes and Scott no.
Motion carried.
HEALTH BOARD POLICIES-Nancy B, Jean J, Delwar M, Rita K
Tribally Funded Referral Services-
Motion by Terrie K. Terrio to approve the Tribally Funded Referral Services policy.
Seconded by Shannon Holsey.
Motion maker amends motion to add: to call in one-day immediately following a holiday.
Second concurs.
Roll Call: Terrie yes, Jolene abstain, Sterling yes, Wally yes, Shan yes and Scott yes.
Motion carried. Jolene abstained because she worked on the policy as a board member.
CHS Eligibility-
No action taken at this time, the regulations would have to be checked regarding the appeal process.
ELDERLY FLOOR BIDS-Bill Terrio
Motion by Jolene Bowman to approve the capital expense to come out of the capital expense budget, as presented by P&E for the Elderly Center. Seconded by Terrie K. Terrio.
Motion maker amends motion to include: to remove the old laminate and replace base where needed and the contractor is JB Custom Flooring. Second concurs. Motion carried.
NATIVE TOURS PROPOSAL-Paula Burr
No action taken at this time, some more research needs to be done on the liability issue and all the impact reviews are needed.
EXECUTIVE DIRECTOR’S MONTHLY REPORT-Leah Miller
Motion by Jolene Bowman to approve the Executive Director’s monthly report.
Seconded by Shannon Holsey. Motion carried.
TRIBAL ADMINSTRATOR’S MONTHLY REPORT-Linda Katchenago
Motion by Wallace A. Miller to approve the Tribal Administrator’s monthly report for March 2007. Seconded by Terrie K. Terrio. Motion carried.
FORESTRY COMMITTEE MEETING MINUTES-Jeff Miller
Motion by Sterling to go along with the recommendation of the Forestry Committee to not allow oak trees to be cut from April 1 to October 15, with the exception of lot clearing with the understanding that forestry staff will seek assistance on how to properly dispose of trees with oak wilt and will supervise lot clearing with oak trees on them.
Seconded by Terrie K. Terrio. Motion carried.
LAND COMMITTEE MEETING MINUTES-Nancy Boivin/Joe Miller
Motion by Terrie K. Terrio to send this request to Linda, so she can have the appropriate staff answer these questions, contact the Ag Department and find out what is good for our land. Seconded by Scott R. Vele. Motion carried.
Motion by Scott R. Vele to go along with the Land Committee’s recommendation to allow John Williams and agricultural permit to allow him to cut hay on 23 acres, which reads: Part of NW1/4, NE1/4 Section 23; part of NW1/4, NE1/4 Section 26; and SW1/4, NE1/4 Section 23 Red Springs. Seconded by Terrie K. Terrio. Motion carried.
Motion by Scott R. Vele to go along with the Land Committee’s recommendation to allow Joel Miller an agricultural permit to cut hay on 19 acres, which reads: Part of SW1/4, NW1/4 Section 34, Bartelme. Seconded by Wallace A. Miller. Motion carried.
Motion by Scott R. Vele to go along with the Land Committee’s recommendation to allow Ken Davids an agricultural permit to cut hay with 300ft of Townhall Road, which reads: County Road G, part of NE1/4, NE1/4 Section 26, Red Springs. Seconded by Wallace A. Miller. Motion carried.
Motion by Scott R. Vele to go along with the Land Committee’s recommendation to allow Loren Miller an agricultural permit to cut hay on 21.25 acres, which reads: part of SW1/4, NE1/4; part of NW1/4, SE1/4 Section 22, Red Springs. Seconded by Wallace A. Miller. Motion carried.
Motion by Scott R. Vele to go along with the Land Committee’s recommendation to allow Rod Martin an agricultural permit to cut hay, which reads: part of NW1/4, SW1/4 Section 14 , Red Springs. Seconded by Wallace A. Miller. Motion carried.
Motion by Scott R. Vele to authorize the request by Sterling Schreiber for an agricultural permit to cut hay, as requested in his application. Seconded by Shannon Holsey.
Roll Call: Terrie yes, Jolene yes, Sterling abstain, Wally yes, Shan yes and Scott yes.
Motion carried.
RESOLUTION: Procedure and Conduct of Tribal Council-Terrie K/Wallace M.
Motion by Terrie K. Terrio to approve resolution to govern procedures and conduct of Tribal Council and its individual council members, number 028-07, which reads:
WHEREAS, The Stockbridge-Munsee Community is a federally-recognized Indian Tribe with a Constitution and By-Laws approved November 18, 1937; and
WHEREAS, The Stockbridge-Munsee Community, pursuant to the terms of its Constitution, is governed by seven Tribal Council members, democratically elected pursuant to the Constitution and tribal law; and
WHEREAS, The Tribal Council recognizes that the Council as a body, and each Tribal Council Member individually, has a duty and responsibility to comply with and uphold tribal law and all other applicable law; and
WHEREAS, The Constitution, under Article VII, Section (h) expressly mandates that the Tribal Council of the Stockbridge-Munsee Community shall "adopt resolutions not inconsistent with this Constitution and By-Laws, regulating the procedure of the Tribal Council. . ."; and
WHEREAS, The Tribal Council is elected by the tribal members who trust the Council to protect tribal assets and act in the best interest of the Tribal Members and the Tribe; and
WHEREAS, The Tribal Council, as guardians of the public trust, have an obligation to regulate themselves and hold each other to the highest standards of conduct and to the highest levels of accountability, to each other and to the membership;
NOW THEREFORE BE IT RESOLVED, that the Stockbridge-Munsee Tribal Council as a whole, and each member individually, in carrying out the duties of their office and in representing the Tribe in any regard shall:
PART A
1. Act with integrity and honesty;
2. Abide by and respect the laws and policies of the Stockbridge-Munsee Community and all other laws applicable to this Community or face the penalties set forth in those policies and laws;
3. Make decisions that are consistent with tribal law and tribal values – not decisions based on self-interest or self gain;
4. Avoid conflicts of interest and even the perception of a conflict of interest and disclose conflicts that exist or might be perceived to exist;
5. Encourage leadership and management practices that support the highest standards of conduct and always lead by example.
BE IT FURTHER RESOLVED, that the Stockbridge-Munsee Tribal Council hereby adopts the following rules and procedures to govern their conduct in office and protect the public trust:
PART B
1. Council Authority and Individual Council Member Authority
a. The Tribal Council may only engage in official action as such action is governed by Tribal law. Council decisions shall be made in officially called Council meetings, properly posted, and through the procedure governing the decisions.
b. An individual Council Member can engage in individual actions on behalf of the Tribe only with official delegation of authority from the Tribal Council, through an official Tribal Council Meeting or as otherwise provided for through tribal law. Actions taken outside of official delegation shall not be deemed protected under the sovereign immunity of the Tribe and may be subject to prosecution in Tribal Court or turned over for enforcement under the Tribal Council consistent with Part C of this Resolution. No Council member is empowered to violate tribal law and protocol or chain of command in carrying out the duties of office.
c. All Tribal Council members shall respect, abide by and comply with all valid Tribal Council Actions. An individual Tribal Council Member shall have the right to challenge a Council action in the meeting, but once acted upon by the Tribal Council, regardless of the dissent, a Council Member shall abide by the action.
2. Follow Established Protocol/Chain of Command
Neither the Tribal Council, nor any individual Council Member shall involve themselves in any matter involving a tribal matter unless they do so through the proper, established protocol, and by following the existing chain of command. This includes, but is not limited to such matters such as personnel; contracts; tribal law enforcement; procurement and bid process and any matter involving the distribution of tribal assets.
3. Access to and Use of Tribal Information
a. Access. Individual Council Members shall not have access to protected information held by various tribal entities, including but not limited to: personnel; loan; gaming and elder youth licensing information; insurance or any other records that are individually identifiable to a specific individual.
b. Use. Individual Council Members may only use tribal information, including but not limited to tribal data, documents and documentation, records, contracts and grants, for carrying out their official duties as officially delegated by Tribal Council or otherwise through tribal law.
4. Conflict of Interest/Personal Gain
a. Council Members shall not use their office for personal financial gain or the financial gain or benefit of an immediate family member.
b. Council Members, or immediate family of a Council Member, shall disclose any contracts they have with the Tribe or any other arrangement with the Tribe that may result in financial gain or other benefit.
c. Immediate family member, for purposes of this Resolution, means: mother, father, grandmother, grandfather, brother, sister, spouse, son, daughter, niece, nephews or any other similar relationship such as "step" or "half" relationship.
5. Executive Session
Council Members, when engaged in discussion in executive session, pursuant to the guidelines governing the use of executive session, shall maintain confidentiality with regard to the contents of information shared and discussions had in executive session, except as required by official business necessity, such as real estate transactions, personnel issues and legal issues, for example.
BE IT FINALLY RESOLVED, that the Tribal Council shall enforce this Resolution in the following manner:
PART C
1. Upon report in writing to the Tribal Council of misconduct or violation of any of the above rules or procedure, by any or all Members, the Tribal Council shall inform the member against whom the allegation is leveled, and provide the Council Member with an opportunity to contest the allegation or to show cause why no violation should be found. The contest must occur in an open tribal council meeting and the matter or matters of concern must be addressed in open session.
2. If evidence supports a finding that the allegation is true, then the Tribal Council shall, by majority vote, have the authority to issue sanctions including but not limited to: a) referral for removal under the Constitution; b) suspension from any travel on behalf of the Nation for a period of time to be determined in light of the circumstances; c) confiscation of tribal property, such as cell phones, computers or vehicles, for a period of time or for the remainder of the term, to be determined in light of the circumstances.
Seconded by Wallace A. Miller.
Roll Call: Terrie yes, Jolene yes, Sterling no, Wally yes, Shan yes and Scott yes.
Motion carried.
Haskell Football Team Donation Request-Yvette Malone
Motion by Scott R. Vele to allocate the request by Tony Malone’s mother, Yvette Malone for a donation to the Haskell Indian Nation Football Team for the purchase of their uniforms. Seconded by Shannon Holsey. Motion carried.
OPEN AGENDA
Ken Davids-
Wondering when the home improvement loans will be available again.
Paula Burr-
Wondering if anything will be done with the complaint that she sent, she made copies for the full council.
Carolyn Miller-
Wondering if the clean up will continue or what will be done at the property located on the corner of Camp 14 and Murphy’s Road.
EXECUTIVE SESSION-
Motion by Scott R. Vele to go into Executive Session. Seconded by Wallace A. Miller. Motion carried at 7:05 PM.
Motion by Scott R. Vele to come out of Executive Session. Seconded by Wallace A. Miller. Motion carried at 8:19 PM.
While in Executive Session discussion was held on a loan issue, an MIS Audit, a contract issue and gaming waivers.
Motion by Terrie K. Terrio to approve the home conveyance from Janet Miller to Amanda Stevens, as discussed in Executive Session. Seconded by Jolene Bowman. Motion carried.
Motion by Scott R. Vele to approve Dr. Dennis Elmergreen’s contract retroactive to April 5th, 2007, for a period of two years for President’s signature. Seconded by Wallace A. Miller. Motion carried.
Motion by Scott R. Vele to approve resolution 029-07, which is a recommendation by the Gaming Commission to authorize a waiver for employee number 07.1-W, which waives restrictions to employment for the President’s signature. Seconded by Jolene Bowman. Motion carried.
Motion by Scott R. Vele to approve resolution 030-07, which is a recommendation by the Gaming Commission to authorize a waiver for employee number 07.2-W, which waives restrictions to employment for the President’s signature. Seconded by Sterling Schreiber. Motion carried.
Motion by Scott R. Vele to approve resolution 031-07, which is a recommendation by the Gaming Commission to authorize a waiver for employee number 07.3-W, which waives restrictions to employment for the President’s signature. Seconded by Sterling Schreiber. Motion carried.
ADJOURNMENT-
Motion by Scott R. Vele to adjourn. Seconded by Wallace A. Miller. Motion carried at 8:23 PM.