“Among The Shawnees” (2014)

Tribal code

Ask Donna

What actually matters in this document.

Text

“Among The Shawnees”

The Absentee

Shawnee News

Inside

this

issue...

2-6

Executive Committee Reports

From the Media Department

Spotlight Employee

Congratulations

New CDFI

Finance Department

Language Survey

Election Commission

Health System Update

18 - 19

December Birthdays

AST Heritage Month

26-27

Foster Care

Building Blocks

HSB

Kenneth Atauvich

Christmas Party for AST Children

Title VI

D ecember 2014 — V o lume 2 7 N o . 34

Attorney General Office

Hobbs, Straus, Dean

and Walker, LLP

During the October General Council meeting

which we were pleased to attend, discussion

among individual Executive Committee members

and tribal members brought to our attention the

need to provide some detail regarding our firm

– Hobbs, Straus, Dean & Walker, LLP ("Hobbs

Straus") – which currently serves at your Attorney

General, along with a brief summary of some of the

important work we have been engaged in on your

behalf.

Background

Hobbs Straus is one of the oldest law firms in

the United States solely dedicated to representing

tribes and tribal interests. We are a national firm

with offices located in Washington, DC, Oregon,

California, and New Mexico, in addition to our

Oklahoma City office. Hobbs Straus attorneys have

a history of prestige in Indian law, from successful

land and trust claims, including the first Supreme

Court case authorizing money damages for the

United States' breach of its trust responsibility,

to drafting, lobbying for, and assisting with tribal

implementation of many important laws including

the Indian Self- Determination and Education

Assistance Act, the Indian Gaming Regulatory Act,

the Native American Housing Assistance and SelfDetermination Act and many others. Our tribal

clients reach from Florida to Alaska and the scope

of our work for them is equally broad, from Indian

Child Welfare matters to multi-million dollar hotel/

casino financing and development projects. To

learn more about us, visit our website at www.

hsdwlaw.com.

We have had the good fortune previously to

engage in very important work with the Tribe.

Some may recall a little over a decade ago when,

following a series risky moves on the gaming front,

the Tribe faced federal closure of Thunderbird and

fines approaching $10 million. Tribal officials

reached out for our assistance and after a long, hard

battle on several fronts, we were able to keep the

Casino operating, reduce the fine by $7.5 million,

and obtain the first class III gaming compact in

Oklahoma for electronic gaming machines without

limiting the Tribe's right to engage fully in class II

gaming, while prohibiting the State from expanding

non-Indian gaming. This was a tremendousvictory

for all Oklahoma Tribes, but the Absentee Shawnee

Tribe, in particular, which led the fight and we were

delighted to assist you.

Current Challenges

When invited last year to renew our relationship,

which we were glad to do, we unfortunately

found significant neglect on a number of legal

fronts. Most concerning were three key areas: (1)

adherence to the Tribe's Constitutional framework

for Executive Committee decision-making; (2)

proper role of Executive Committee members;

and (3) gaming operations. Regarding the former,

an unconstitutional pattern had developed among

Executive Committee members over time of

attempting to take governmental action informally

through the mere signature of three individual

committee members. Apparently, the logic was

that the constitutional requirements for meeting

and conducting business need not be followed if

three individual committee persons agree – in other

words, no set agenda, no notice, no convening of

a quorum for transacting business, and no formal

vote. While it may be proper on occasion to send

information via letter, for instance to notify someone

of action taken, the letter does not eliminate the

need for the formal action to take place. A prime

example of this occurred this summer when the

former Comptroller, Belinda Collins, proposed

to refinance the Little Axe clinic. On the basis of

three Executive Committee signatures, without any

presentation to or official action from the Executive

Committee, Collins directed the Bank to proceed

with the multi-million dollar refinancing. Despite

multiple requests for information, the Attorney

General and Executive Committee members were

refused information concerning the refinancing,

until the last minute when Executive Committee

action was required. Upon review of the details,

the financial benefit to the Tribe was questionable,

compared with what we had been led to believe,

and there were structural problems with the

transaction that caused the transaction not to close.

The underlying practice of three person signatures

remains a point of concern.

continued on page 11

Executive Committee

Edwina Butler-Wolfe

Governor

Issac Gibson

Lt. Governor

Vera M. Dawsey

Secretary

Leah Bates

Treasurer

Kenneth Blanchard

Representative

Ast Elders Christmas Party

Saturday, December 20, 2014

at AST Resource Center

Governor’s Report

Hello my Absentee Shawnee people!

In September I thought the cooler weather had

arrived. As usual Oklahoma weather is proving to be

as difficult as our elected body – hard to determine what will come next.

I hope you are all prepared for the upcoming cold weather as it appears

to be well on its way. This month I am going to speak to you about our

budgets, the business of the Tribe and our elected body.

Business of the Tribe

There continues to be confusion by our elected body on what role they are

constitutionally enabled to do. I am no longer just concerned but mortified

by the actions of three of our elected body. These three individuals are

not acting in the best interest of our tribe – it appears they are deliberately

misinterpreting the law, the constitution, and the Administrative Systems

Manual policies of our tribe for their own personal gain and benefit. At the

last Regular Executive Committee Meeting (which you may view on the

AST tribal member’s only website area now) these three individuals openly

admitted to having their own legal counsel and to having unconstitutional

meetings with neither I nor the Representative being invited.

Finance

It is my understanding the Treasurer works for the Tribe and is to give

guidance to Finance staff to ensure that all actions are in accordance with

National Accounting Association practices and standards as is cited in

our constitution. Yet our Treasurer is refusing to put into place the Salary

Ordinance, pay certain bills, and is hindering financial transactions by

appearing to be creating a hostile work environment for employees by

continuing to endorse the former Controller whose actions are under

FBI investigation, by advising employees that ‘if the Controller goes then

you go’. She also refuses to get bonded by a Bona Fide bond as is cited in

our constitution. The Tribe’s current bond covers all employees for certain

actions but does not meet the specific needs for those of the Treasurer in

her elected role. This is why specific language is incorporated into surety

bonds. Not all bonds offer the same coverage just like not all insurance

policies cover the same things. Let me be clear: The current policy held by

the Tribe does cover the Treasurer, as an employee, but not in her capacity

as Treasurer and does NOT meet the constitutional requirements of her

position. So the real question is “Can She Be Bonded”? We are aware that

she had a bankruptcy in 2012 so can she meet constitutionally defined

requirements of being bonded by a Bona Fide bond?

Maintenance

When I think of the Maintenance department an image comes to mind

that is a popular game among youth: “Where’s Waldo” this popular game

is one where you try to find a particular character in a vast array of scenes

and characters. That is what it seems like for those of us here on the campus

when we try to get repairs on campus buildings and landscaping done. That

should not be the case. In review of our 2013 indirect cost (IDC) proposal

it indicates 28 maintenance staff and 5 Security. In the 2014 IDC proposal

there is 37 maintenance staff. When I looked at the 2014 General Council

handbook it showed that there are 14 maintenance staff in Shawnee and

12 at the Little Axe clinic. And it remains unclear how many are at the

Little Axe Resource Center. The Lt. Governor shared with me that he has

maintenance staff under contract and one of those is his own brother.

How is it that a department this size can’t get our Shawnee tribal

complex buildings and landscaping needs taken care of? In a meeting I

recently attended down at the Shawnee City Hall a presentation was given

by their Parks department. They advised they had 10 staff. When asked

what all they did this is what I was given: Playground inspection

and repairs – monthly; mosquito control; maintenance and repairs of 7

city buildings; mowing, weed eating, trimming of downtown area, parks

and lake areas and trash clean-up. This is for ALL of Shawnee. How is it

that we have a campus of less than 5 acres and we can’t get this done? Is

it because the Lt. Governor entered into an unauthorized contract with the

state of Oklahoma for maintenance staff to do work at Lake Thunderbird?

Is it because of the ‘special work’ he is doing on certain property owner’s

homes? These types of actions place the Tribe in a position of liability.

The Lt. Governor is the individual who has oversight of maintenance and

I would think that he would want the area he is responsible for to be well

maintained and for repairs to occur in a timely manner.

Our buildings and grounds in Shawnee need our maintenance staff’s

full attention. If we are going to state in our indirect cost proposal that

staff work here in Shawnee then they need to be allowed to do that. If you

have visited our campus lately you would be saddened by the neglect and

deterioration of our buildings and landscape. The winter season is now

upon us yet our buildings and grounds aren’t ready for it. We have trees and

bushes that have not been pruned, our ‘S’ in the middle of our campus has

gone weeks on end without being trimmed and our grass needs aerated and

fertilized and could have benefited greatly this summer from a sprinkler

system. We have no rose bushes, annual or perennial plants on the campus

as that would take landscaping effort. If our campus was maintained well,

our campus could become a tourist attraction based on its historic buildings

and could draw people to our casino and gift shop. Yet instead our buildings

are aging due to neglect and disrepair. We need new roofs on our buildings;

work done on our plumbing, central heat and air upgraded. We need

paint work done, tile replaced, bathrooms

modernized, new carpet or flooring put into

our buildings, the main building needs the

elevator repaired and we need our campus

to have better lighting - yet none of this is

happening here

Shawnee.

Shouldn’t

want to preserve

our campus and

the small piece

of history that

it affords us

for our children? I

would like to have the

Maintenance Director

provide a monthly

list to the Executive

Committee on what

services is being done both in the Shawnee

and Little Axe areas.

Salary Scale

Salary Scale – When an action by the

Executive Committee is put into place it

has been enacted. Sometimes it may cite

“Effective Immediately”, “Declared an

Emergency”, or be based on the language of

the action. It is unclear to me how a referendum vote and then ‘adopting’

the salary scale through resolution calls for more guidance.

The following dated emails were sent out by the former HR

Director to the Executive Committee:

August 22 – “…Please provide my department any all documents you

wish to be used for review and evaluation no later than Monday,

September 8, 2014. Starting Monday, September 8, 2014, Human

Resources will start the process of reviewing and confirming the submitted

information ending on Monday, September 22, 2014.

August 22 - “…The process of reviewing and confirming submitted

information will consist of, but not be limited to, verification of resume

information pertaining to previous employment experience, diplomas,

business experience, years of college, official transcripts, etc. The

requirements and definitions for each Tier for each elected EC member

was attached to the passed Resolution. Please notice that the only “official”

required document is an official transcript from a college or university.

You can obtain official transcripts from any college or university attended

– usually at no or very limited cost. Copies of additional information

should be sufficient…”

September 4 – “…This is just a reminder that any information you want

to be considered for the Salary Scale Resolution, please get it to HR by this

Monday. Starting Monday, HR will be reviewing the provided information

and information in the file to help determine the salary scale…”

October 6 – “Governor: As you are aware, Resolution #E-AS-2014-39,

which resulted from referendum vote in June, was passed and signed into

effect by the EC on August 20, 2014. The resolution stated that HR would be

responsible for all salary determinations for all EC members. Based upon

information within your personnel file and submitted documentation, it has

been determined that you are within the Tier 4 pay scale. Subsequently, an

EAN has been issued and forwarded to Finance…”

The Human Resource department did their job and gave timely notice

to us as elected officials and to Finance to put the Tiered salaries into

place. On November 6, 2014, I sent the following memo to all Executive

Committee members and Finance:

“The Executive Committee passed Resolution E-AS-2014-39 on

August 20, 2014. This action recognized and enacted the Executive

Committee Salary Scale pursuant to the Tribal referendum where Tribal

membership voted affirmatively to enact the Executive Committee Salary

Scale. As-to-date the adopted salary scale has not been put into place by

the Finance Department. Each Executive Committee member has been

communicated with by HR and given adequate time for their professional

work experience and education to be verified. The Human Resource (HR)

Department initiated EAN’s on September 29, 2014 based on their review

and as-to-date this still has not been put into place…”

At the October General Council meeting you asked that the elected

leaders pay levels be made available to you. Once the salary changes

occur mine will be at Tier 4 as I believe the Representative’s may be.

The Treasurer, Lt. Governor, and Secretary could possibly all be at Tier 1

which means these Executive Committee member salaries will need to be

adjusted and payback made to the Tribe. As you have seen by the email

guidance given by the former HR Director, the Executive Committee have

been given ample time for implementation. These salaries were arguably in

effect upon certification of the referendum election. Reluctance or failure

of Executive Committee members to implement the law, which they were

advised is in effect, is a failure of their duties of office, and even more

problematic than that is they seek to avoid implementation of this law

simply because it would negatively impact them personally.

Program Budgets

The budget process should be based on program review and preliminary

budget needs and revenue estimates.

As I write this my Office still has yet to hear or receive any communication

on holding budget meetings. Last week my Office received year to date

expenditures but no guidance from Finance on what the new fringe benefit

rates are to be; nor have we received any assistance from the Treasurer

or Finance on next steps. I will not place budgets on the agenda until we,

as the EC, have held meetings with programs, included Finance in those

discussions and the elected body has all set down and reviewed our budgets

prior to the Executive Committee passing them under resolution. We need

a chance to review and understand how the Tribe’s funding is being used.

We need to discuss what new and innovative programming our department

heads are considering in 2015 and we do not need to blindly put budgets

into place as we did last year based on the advisement of Belinda Collins,

Controller.

is Iwhat

am trying

and hope

hope we

adopt

a similar

approachapproach

through

Here isHere

what

amItrying

to tododoand

wecancan

adopt

a similar

Finance:

through Finance:

A Budget Process

Step 1

Program Review

& Preliminary

budget

need

forecast and

revenue

estimate

Step 2

Request Programs

to give early

budget estimates

to oversight

responsible for

review and input

Step 3

Budget Discussions

with responsible

oversight and

Finance on format,

fringe, costs

Step 4A

Step 4

Budget

Submission

Programs & EC

oversight review

of budget

requests & input

Step 6

Budget revised

based on EC

informal review of

program budgets;

Special EC meeting

notice issued

Step 5

Present

Preliminary

budget

recommendations

to Executive

Committee for

informal

discussion

Step 7

Adoption of final

budget under EC

resolution

Based on our 2013 audit, the 2013 indirect cost pool and direct cost

base we have a variety of funding streams such as the Department of

Interior: Bureau of Indian Affairs (BIA) contract pursuant to the Indian

Self Determination Education & Assistance Act (ISDEAA) – P.L.93638, as amended – with funds for Education, Police, ICW, Roads, OEH/

OEP, Enrollment, Realty, Probate; EPA, GAP Brownfield Response;

Department of Justice; Department of Energy; Institute of Museum and

Library Services; Department of Labor; Department of Energy; Health

& Human Services: Indian Health Service (IHS) pursuant to ISDEAA,

P.L. 93-638, as amended with grant awards for Injury Prevention, Special

Diabetes Program Initiative (SDPI); Methamphetamine and Suicide

Prevention Initiative (MSPI) funded through the Indian Health Care

Improvement Act (IHCIA), Administration for Children & Families –

CCDF; Community Development Funding Initiative (CDFI); Thunderbird

Entertainment Center; AllNations Bank; ASEDA, Inc.; Absentee Shawnee

Tribal Housing Authority (ASTHA) which is under Department of Housing

and Urban Development (HUD); AOA – Title VI – nutrition services;

Absentee Shawnee Tax Commission; ASEDA, Inc.; ASEDA Enterprises,

Inc.; Indian Community Development Block Grant (ICDBG) grant funds;

cattle program; SORNA; COPS grant; CHIP program; Promoting Safe and

Stable Families (PSSF); Centers for Medicare & Medicaid Services (CMS)

- Medicare Improvements for Patients; Federal Emergency Management

Assistance (FEMA) Program. So if we say our funding is limited to

BIA, IHS, Indirect Cost and smaller grants would be both inaccurate and

misinformed. So it is important as we budget that we ensure we focus

on each funding source, its specific requirements such as reporting and

measurable outcomes and meet the needs expressed in that contract, grant,

Memorandum of Understanding (MOU) or Memorandum of Agreement

(MOA).

Budgets provide balance and stability. It is also important to keep in

mind that the Absentee Shawnee Tribal Health Authority (ASTHA), Inc.

is wholly owned by the Tribe and all the net earnings of ASTHA belong to

the tribe - not the health board(s). These net earnings, when not restricted,

may be used based on tribal priorities.

Our indirect cost represents recoverable overhead costs charged to both

federal and nonfederal programs by the General Fund in connection with

administering and accounting for activities of the Tribe. The indirect cost

rate is a percentage of total direct costs, less capital expenditures and passthrough funds. In 2014, the rate we use is 32.09% and this is based on the

Fiscal Year (FY) 2013 direct cost base and indirect cost pool. This is not a

funding stream but a recoverable cost.

The items discussed by the Region VI officials were:

•

Need for Tribal consultation regarding disaster declarations.

•

Emphasis by Region officials of program opportunities for tribes:

mitigation, recovery, preparedness, grants, and training.

I was given a tour of the Emergency Operations Center and briefed

on how they operate. This was a good meeting and from it I believe both

Linda Day, AST Emergency Management Manager, and I came away more

aware of our needs and more knowledgeable of FEMA.

Conclusion

I have 6 months to go. My door is always open (unless I am in a meeting

or at a meeting) and I welcome your visits. We have much to do to get

our Tribe back on track and I want to do the best I can for all of our tribal

members.

Help me to make a difference – stand beside me and Let’s Build for

the Future (BFF) - united and together!

Thank you for your support.

Treasurer’s Report

The Treasurer’s office currently has oversight of the

following departments: Finance, Procurement, MIS, and

Human Resources per the approved organizational chart. It

is no surprise that with each administration change, the newly elected

Treasurer encounters dilemmas within the Finance department. Since

taking office, I and numerous Finance staff have been addressing various

issues which some, unfortunately, have needed my immediate attention.

To date, the following is a list of issues I have immediately addressed

to ensure departments function accordingly and successfully regardless of

the political issues.

Salary Scale: The Executive Committee (EC) Salary Scale was

presented to the General Council in April and was placed on ballot,

June 21, 2014. This was passed by majority vote and on August 20,

2014, the EC passed the Salary Scale by a resolution written by our

Meetings Attended

Attorney General Hobbs, Straus, Dean & Walker, LLP. However, the

resolution did not include an effective date for implementation.

The Human Resource (HR) department was placed in a position to

determine what EC member qualifies for what salary tier and, in fact,

White House Listening Session at OKLAHOMA City Public School

submitted documentation reflecting an effective date as September 29,

Administration - November 18, 2014

2014, without any guidance.

Governor Butler-Wolfe gave a Tribal Leader Testimony of Indian

On October 17, 2014, at approximately 4:48pm, the HR Director, at

Education in Public Schools in Oklahoma

the time, resigned, exactly 12 minutes before he permanently left the

Tribal complex, he changed the Lieutenant Governor’s, Secretary’s, and

Treasurer’s salary to Tier One due to lack of requested documentation

that was requested after consulting with the AG office. The HR Director

told the Lieutenant Governor, Secretary, and Treasurer they did not

need to submit a high school diploma, resume, or official college

transcript since HR already had the majority of their documents. This

is not a huge issue for the Treasurer’s office since the Salary Scale had

no official date of implementation; therefore, the action was not valid.

Furthermore, two major factors have hindered the implementation

of this salary scale outside of no approved implementation date.

The FIRST factor addresses the actual date that will be used to

implement the new salaries, and will there be retro pay given once

the implementation date has been established. When this question

was presented to the current individual “in-charge” of the HR

department, this individual decided to change the preexisting date

(submitted by previous HR Director) to August 20, 2014, without

any official documentation indicating when the new Salary Scale is to

William Mendoza, White House Initiative on American Indian and

be implemented. The SECOND factor addresses each EC members

Alaska Native Education. Governor Butler-Wolfe,Dan Greenspahn,

approved 2014 General Fund (GF) budget, and whether there is

Attorney at Law US Dept. Of Education Office for Civil Rights

enough money in their approved 2014 GF budget to even cover this

new salary scale. In other words, what if the EC member’s 2014 GF

budget is already in the negative … how will that EC member be able

to increase their salary if there is no money?

I was invited to speak during FEMA’s Native American Heritage Month.

Thus, four (4) different ‘implementation’ dates have been provided

I presented on:

regarding

the new Salary Scale; however, had the tribe’s Attorney

•

Tribal History

General

(AG)

included an implementation date on the passed

•

Background: family, education, personal aspirations; political

resolution,

this

would

not be an issue.

focus: Education and Politics, and positions held.

Budgets:

the

October

2014 newsletter, the Governor stated:

•

Goals - Tribal youth mentoring/education, improve tribe’s

“In

the

years

prior

the

former Governor’s administration it was

preparedness for disasters/EM support.

expected

that

all

funds

regardless

of their source (grant, BIA, IHS, etc.)

I met with the FEMA Region VI Director, Tony Robinson, and other

would

executed

through

resolution

by the Executive Committee.”

Region VI officials. This was arranged by Norma Reyes, Tribal Liaison.

In the above-mentioned quote, the Governor implies that we, the

Tribe, receive funding from numerous sources. In reality, the Tribe’s

funding sources come from these federal grants – IHS, BIA, smaller

grants, and the Indirect Costs associated with these grants – and the

General Fund. ALL federal money is ear-marked for those specific

programs and can only be spent by those specific programs.

The Governor further stated:

“… over the past 5 years this process changed and our Finance

department only request the IHS, Bia, Indirect Cost and General Fund

budgets to be approved. This is not an acceptable practice and one that

must look at changing to retain stability in our budgets.”

The Tribe receives no other sources of funding other than the bolded

items in the above- mentioned paragraph. Furthermore, the Executive

Committee reviews and discusses the next year’s proposed budgets

(IHS, BIA, smaller grants, Indirect Costs, and General Fund) during a

scheduled executive committee meeting and then approves said budgets

through a resolution. What is not elaborated on is that each of these

budgets umbrella over a breakdown of individual departmental budgets

that is associated with those particular funds, and the EC reviews each

departmental budgets before the resolution is passed. The current

2014 budgets were approved by resolution on December 30, 2013.

The Treasurer’s office is currently researching: (1) the ramifications

associated to an Executive Committee member exceeding their

approved budget (having a negative balance) per IRS rules, federal

grant related guidelines, tribal rules and regulations, and governmental

accounting standards, as well as how this type of budget monitoring

can affect the Tribe, as a whole, in relation to continued funding; (2)

how effective the budget medication process is in relation to each

Executive Committee member understanding their approved budget

through resolution; and (3) the analysis process on how an Executive

Committee member receives additional money from the General Fund

in order to eliminate a negative budget balance so the Tribe will not

encounter any future unnecessary audits or FBI investigations.

 Attorney: An on-going concern with the current AGs contract addresses

to whom the AG is to report to. Currently, the AG reports only to the

Governor on all matters believing the Governor will forward pertinent

information to the remaining Executive Committee members in a timely

manner. However, this process is not being adhered to so a letter, with

four EC members signature, was sent to the AGs, in February 2014,

requesting the current Memorandum of

Agreement be changed from:

“It is our understanding that, in the performance of duties required of

us under this Agreement, the Attorneys will receive legal assignments

from and report to Governor Edwina Butler-Wolfe” TO “receive

legal assignments from and report to the Executive Committee”.

This changed did not ever occur. Thus, the AG continues to answer

solely to the Governor and not the entire Executive Committee as

their contract stipulates. This became evident as the AG’s office filed

a petition on three of the EC members which according the resolution

E-AS-10-29, “the AG’s office must utilize the services of a Special

Prosecutor for the purpose of handling conflicts as to the civil or

criminal prosecution of EC members” further clarifying “the AG’s

office represents the EC and prosecution either in a civil case or

criminal case against an EC member would be a conflict of interest”.

The tribe is paying for quality as once stated and this quality creates a

huge bill monthly for the tribe.

The AGs billing charges to the Tribe continue to grow and are

currently estimated $63,000 over the 2014 approved budgeted amount

for IDC and General fund budget only. In fact, since 2013, the Tribe

has paid over $741,000 total to the AGs, and that dollar amount could

easily reach one million dollars ($1,000,000) since the AG’s billing

process has been continually 3 months behind. The Finance department,

through detailed analysis of submitted invoices, has discovered several

duplicate billings for the same item, as well as multiple individuals

working on the same issue but being paid at a different hourly rate,

thus, encumbering more of the Tribe’s money. Not to mention some

questionable charges that the Tribe should not have been billed for.

These invoices and budget have been presented verbally to the EC

since July of 2014 and continued with monthly updates. The Treasurer

has continuously advised the EC to only use Hobbs, Strauss, Dean, &

Walker with larger cases and it would be feasible to hire and in-house

attorney to handle everyday issues. These reports went unheard and

a resolution to rescind or renegotiate the contract was ignored when

presented to be placed on the EC meeting agenda in September.

On Monday, October 13, 2014, I issued the first letter to the AGs

citing delayed billing of three (3) months, over spending of the approved

budget, a much needed reevaluation of the Tribe’s finances before any

further accrued charges could be authorized, and to cease working on

tribal issues until the Executive Committee could meet and evaluate

this ongoing debt. However, the AGs did not adhere to the request

and continued to work for the Governor especially after the petition

was filed, as well as seeking work from other Tribal departments who

were not aware of the current situation with the AGs. On Thursday,

October 16th, 2014, the Treasurer’s office sent another letter to the

AGs stating that their contract was terminated with three (3) Executive

Committee member signatures. This letter, too, was ignored, and the

AGs continued to perform work for the Governor to this day.

According to the Governor’s November 2014 newsletter article, she

states:

“… Treasurer attempted to … cancel the Attorney General contract

through a memorandum signed by three Executive Committee members

instead of obtaining the required 5 signatures or through an approved

Executive Committee resolution.”

What is not mentioned in her article is that she, the Governor, and

two other EC members mailed a termination letter to the Tribe’s then

AGs Legal Advocates which they received on August 31, 2013, and

no resolution to bind that letter. Therefore, by the Governor’s own

admission, the Tribe now has two (2) – yes, TWO – law firms working

as the Tribe’s Attorney General because she did not adhere to her own

words as stated in the November 2014 newsletter.

Through diligent current research from 2014 up until 1993, only two

(2) law firms contracts have been rescinded by resolution, so in realty,

the Tribe has an estimated 40 law firms ‘working’ as the Tribe’s AGs

since their contracts did not follow what the Governor stated in her

November 2014 article – not to mention that any previous decision(s)

made by three (3) EC members must now be considered invalid which

could possibly open numerous issues the Tribe, especially the Finance

department, will have address. Continuous research and questionable

actions are prohibiting this tribe to function as a reputable leading

native nation.

 Atoka Water Line: On March 17, 1961, the City of Oklahoma City

signed a 50-year right-of-way lease pertaining to nineteen (19) tracts

on land under the jurisdiction of the Absentee Shawnee Tribe in order

to construct the 100-mile Atoka pipeline.

In January 2011, the City of Oklahoma City sent a letter to the Realty

Director to begin the renewal process for easements on the nineteen

(19) tracts that would expire on March 16, 2011. Since then the Realty

Director has been in contact with the affected landowners, Mr. Donnie

Smith, Office of Special Trustee for American Indians, Mr. Lloyd

Chism, Southern Plains Regional Office, Mr. Robert Hatfield, Regional

Chief Appraiser, Ms. Marsha Slaughter, Utilities Director for the City

of Oklahoma City, Ms. Patricia Mann, Assistant Municipal Counselor

to the City of Oklahoma City, and Mr. Lloyd Chism, Southern Plains

Regional Office, to arrive at a new lease that benefits the land owners,

as well as the City of Oklahoma City.

However, on June 5, 2014, the Realty Director received a letter

from Ms. Marsha Slaughter stating that “the City of Oklahoma City

would be filing condemnation proceedings to acquire the necessary

temporary and permanent easements for the pipeline and all pump

and surge stations.” The Realty Department has not received notice

on the court hearing and continually remains in contact with the BIA

for further action. The Representative’s office was tasked with the

leadership of the Atoka Waterline, but declined those assigned task

when action of three EC members sent a letter stating his office would

take charge.

 Administrative Manual: Due to numerous conflicting parts/sections,

nonconformity, ambiguity, and outdated information, the Administrative

Manual is in the process of being revised and updated. Furthermore,

per the recommendation of an outside audit firm, the Administrative

Manual will have differentiated sections pertaining to employees and

Executive Members to alleviate any further FBI investigations.

 Media: There have been articles and emails pertaining to the statement

of payment to the Editorial Board. Finance department can back the

statement of the Editorial Board that they do not receive payment for

volunteer services. What is not mentioned or rebutted is that these

volunteer services, including emails and meetings, are happening on

company time. This can be viewed as violating company time with

services outside the scope of job duties unless documentation can

be presented through the payroll system indicating time taken off to

perform these volunteer services.

In conclusion, the Treasurer’s department continues to monitor day

to day operations and the shortfall of the Tribe’s success. Questionable

leadership decisions, based on personal agendas, have squandered the

ability for the Tribe to prosper into the millions this past year. The AG’s

office has continually presented issues to the present Executive Committee

members as far back as February 2014 pertaining to the actions of previous

elected officials. I, nor the other current elected officials, can change or

correct the actions of these previous elected officials. All, I and the current

elected officials, can do is adhere to the duties that we, as elected officials,

swore to uphold per the Constitution and move forward by correcting areas

of concern or deficiencies within the departments we are responsible for

per the organization chart.

I understand the importance of having policy and procedures in place to

ensure processes are being adhered to per state and federal guidelines. Thus,

each department has been steadily researching historical data in order to

provide as much accurate information as possible which in turn is a tedious

and time consuming process. So as we progress in a positive manner, each

department – especially the finance and procurement departments -- are

learning regardless of the continuous chastising within our own newsletter

that provides limited and inaccurate information or none at all.

Please feel free to contact the Treasurer are any time via email: lbates@

astribe.com , facebook, or cell 405-618-7979.

Have a great month!

Treasurer Leah Bates

Representative’s

Report

Greetings Tribal Members,

I have good news to report to you concerning proposed revenue streams

for the Tribe that I keep talking about.

We will be leasing vacant buildings the Tribe owns to an outside entity.

The lease is for a three-year time frame and will generate revenue to the

Tribe during this time.

This is the first time since I assumed my office that the full Executive

Committee met and agreed to a positive decision which wholly benefits

the Tribe.

Now, if we can parlay that one instance into positive actions by the full

Executive Committee on a daily basis, we should start to make headway

on some of the most important issues facing the Tribe.

Let me know what concerns you.

To contact me at the Tribal Complex, please write to Representative

Ken Blanchard, 2025 S. Gordon Cooper Drive, Shawnee, Oklahoma

74801, or by phone at (405) 275-4030 ext. 202.

Respectfully,

Ken Blanchard

RESOLUTIONS THROUGH NOVEMBER 19, 2014

EXECUTIVE RESOLUTIONS:

E-AS-14-50 11/19/14

That the Absentee Shawnee Tribe of Oklahoma amends the Building

Blocks Parent Handbook and Supplemental Personnel Policy Manual, as

provided for in the attachment Exhibit A, effective immediately.

E-AS-14-51 11/19/14

Authorizes and approves the Employee Benefit Group Health and Welfare

Program for 2015 and further authorizes Governor Edwina Butler-Wolfe to

sign any and all documents necessary to execute and deliver the Employee

Benefit Group Health and Welfare Program.

E-AS-14-52 11/19/14

Enters into a Lease Agreement with Hall, Nalley, & Holloway PLLC, as

attached, and authorizes Governor Butler-Wolfe to sign and execute said

Lease Agreement on behalf of the Tribe. (North Kickapoo Street property)

E-AS-14-53 11/19/14

Approves and accepts Corbin Ash Bryant, Isis Aponi Bryant, Jonah

Azariah Thorpe, Drayton Scott Hill, Blake Garrett Keith, Sustina Marie

Blanchard, Addison Marie Kelly, Ryan Michael Kelly, Skyler Madison

Robison. Zachary Reid Alford, Brittani Maelynne Holt-BelvinTimothy

Dale Jones, III. Matthew James Holderness, Jordan Dekota Holderness,

Summer Lynn Clark, Autumn Marie Clark, Emiley Ann Clark, Nathan

Allen Clark, Alexis Pearl Adams, Louis-Renee Sarah Miller, Talia Jade

Barbosa, Alex J. Burns, Sheelby Ahkeynay Jamese Thorpe, Alfred Ralph

Garbarini Jr., Mary June Jim, Isaac Dean Gibson, and Brayden Louis

Sampson, as enrolled members of the Absentee Shawnee Tribe of Indians

of Oklahoma as of the date of this resolution.

E-AS-14-54 11/19/14

Acknowledges and authorizes the corrected blood degree change for

Nicole Lynn Conley, and hereby makes it known that this individual is an

enrolled Tribal Member and is now and forever

1/8 degree of Absentee Shawnee Indian blood as corrected and shown

above.

E-AS-14-55 11/19/14

Removes any and all previously recognized signatories and/or previously

authorized and now former Executive Committee members as signatories

to all bank accounts, all investment accounts including, but not limited to,

LPL Financial (Linsco Private Ledger) and Merrill Lynch, and all Bureau

of Indian Affairs accounts for the Absentee Shawnee Tribe of Indians of

Oklahoma and hereby authorizes solely the following sitting Executive

Committee members as signatories to said accounts to include: Lieutenant

Governor Isaac Gibson Jr., Secretary Vera M. Dawsey, Treasurer Leah Bates

and Representative Kenneth Blanchard, EFFECTIVE IMMEDIATELY.

DISCLAIMER:

The opinions, beliefs and viewpoints expressed by this author does not

necessarily reflect the opinions, beliefs and viewpoints of the Tribe-atlarge, the Administrative Systems Manual, the Executive Committee or

the AST Editorial Advisory Board.

No reports submitted for

Lt. Governor and Secretary

FY-2014

YTD TAX COLLECTIONS

(thru 10/31/14)

FY-2014

YTD TAX COLLECTIONS

(thru 10/31/14)

TAX