LUMBEE TRIBE OF NORTH CAROLINA

Tribal code

Ask Donna

What actually matters in this document.

Text

LUMBEE TRIBE OF NORTH CAROLINA

6984 NC HIGHWAY 711 WEST

PEMBROKE, NORTH CAROLINA 28372

*****

DECEMBER 2015 TRIBAL COUNCIL BUSINESS MEETING

CHAIRMAN PAUL BROOKS

_______________________________________________________________

TRIBAL COUNCIL REPRESENTATIVES

EVAN DAVENPORT

TERRY HUNT

JANIE OXENDINE MCFARLAND

LESAUNDRI HUNT

JONATHAN LOCKLEAR

BOBBY OXENDINE

JARROD LOWERY

DOUGLAS LOCKLEAR

LARRY TOWNSEND

ROBERT CHAVIS

JAN LOWERY

BILL BREWINGTON

DANIEL JONES

ANITA HAMMONDS BLANKS

TERRY COLLINS

FRANK COOPER

AREATHA PATTERSON

SHELLEY STRICKLAND

WILLIAM MAIDEN

HOMER FIELDS

APPEARANCES

_______________________________________________________________

TRIBAL COUNCIL MEMBERS

EVAN DAVENPORT

TERRY HUNT

JANIE OXENDINE MCFARLAND

LESAUNDRI HUNT

JONATHAN LOCKLEAR

JARROD LOWERY

LARRY TOWNSEND

DOUGLAS LOCKLEAR

JAN LOWERY

BILL BREWINGTON

DANIEL JONES

ANITA HAMMONDS BLANKS

TERRY COLLINS

FRANK COOPER

AREATHA PATTERSON

SHELLEY STRICKLAND

WILLIAM MAIDEN

HOMER FIELDS

ALTON LOCKLEAR

BOBBY OXENDINE

ALSO PRESENT

_______________________________________________________________

Sheila Beck

Billy Hunt

2

1

PROCEEDINGS

2

(The following proceedings took place on Thursday, December 17,

3

2015, at 6:30 p.m.)

4

5

MR. LESAUNDRI HUNT:

We are ready to begin.

6

Ladies and gentlemen, welcome to the December meeting

7

of the Lumbee Tribal Council of North Carolina.

8

We're so glad to have you in attendance.

9

that you have read our rules.

10

you to please, check your cell phones and make sure

11

that they're off or on vibrate or silence, please.

12

We would like to ask everyone to please remove your

13

hat or head gear out of respect -- the gentlemen as a

14

matter of fact.

We thank you for being part of this

15

meeting tonight.

If you stand with us for our

16

invocation, please.

17

in the invocation.

We would like to ask

Mr. Bill Brewington will lead us

18

(A prayer was given by Mr. Bill

19

Brewington.)

20

We trust

MR. LESAUNDRI HUNT:

Thank you.

Please, remain

21

standing for the Pledge of Allegiance. Ms. Janie

22

McFarland?

23

24

25

(The Pledge of Allegiance was rendered.)

MR. LESAUNDRI HUNT:

Ms. Jan Lowery will lead us

in the preamble.

3

1

(The preamble to the tribal constitution

2

was read.)

3

MR. LESAUNDRI HUNT:

Thank you.

Before we do

4

the roll call, we'd like to welcome our

5

chairman-elect, Mr. Godwin, and the council-elect.

6

And the council, you have on your table in front of

7

you inviting you to the swearing in ceremony and also

8

the dedication to the new building in the Prospect

9

area, so you have those invitations tonight, and we

10

may say a little more about that later on, but we are

11

glad to have all of you and our guests in the meeting

12

tonight.

Ms. Sheila -- Ms. Sheila from the election

13

board.

Thank you for being here tonight and all the

14

council members that are here tonight.

15

do our roll call, please.

16

MS. JAN LOWERY:

17

MR. EVAN DAVENPORT:

18

MS. JAN LOWERY:

Terry Hunt?

19

MR. TERRY HUNT:

Here.

20

MS. JAN LOWERY:

Janie Oxendine McFarland.

21

MS. JANIE MCFARLAND:

22

MS. JAN LOWERY:

23

MR. LESAUNDRI HUNT:

24

MS. JAN LOWERY:

25

Ms. Jan will

Evan Davenport?

Present.

Here.

Lesaundri Hunt?

Here.

Alton Locklear?

Jonathan

Locklear?

4

1

MR. JONATHAN LOCKLEAR:

2

MS. JAN LOWERY:

3

MR. BOBBY OXENDINE:

4

MS. JAN LOWERY:

5

MR. JARROD LOWERY:

6

MS. JAN LOWERY:

7

MR. LARRY TOWNSEND:

8

MS. JAN LOWERY:

9

Chavis?

Here.

Bobby Oxendine?

Present.

Jarrod Lowery?

Here.

Larry Townsend?

Here.

Douglas Locklear?

Jan Lowery, here.

Robert

Bill Brewington?

10

MR. BILL BREWINGTON:

Present.

11

MS. JAN LOWERY:

12

MR. DANIEL JONES:

13

MS. JAN LOWERY:

14

MS. ANITA HAMMONDS BLANKS:

15

MS. JAN LOWERY:

16

MR. TERRY COLLINS:

17

MS. JAN LOWERY:

18

MR. FRANK COOPER:

19

MS. JAN LOWERY:

20

MS. AREATHA PATTERSON:

21

MS. JAN LOWERY:

22

MR. SHELLEY STRICKLAND:

23

MS. JAN LOWERY:

24

MR. WILLIAM MAIDEN:

25

MS. JAN LOWERY:

Daniel Jones?

Here.

Anita Hammonds Blanks?

Here.

Terry Collins?

Here.

Frank Cooper?

Here.

Areatha Patterson?

Here.

Shelley Strickland?

Present.

William Maiden?

Here.

Homer Fields?

5

1

MR. HOMER FIELDS:

Here.

2

MS. JAN LOWERY:

3

MR. ALTON LOCKLEAR:

4

MS. JAN LOWERY:

5

MR. LESAUNDRI HUNT:

Al Locklear?

Here.

We have a quorum.

Thank you, Ms. Jan.

6

on our agenda is the review and approval of the

7

agenda.

8

MR. LARRY TOWNSEND:

9

MR. JONATHAN LOCKLEAR:

10

MR. LESAUNDRI HUNT:

11

second.

So moved.

Second.

We have a motion and a

All in favor, say aye.

12

13

Next

(The council voted.)

MR. LESAUNDRI HUNT:

Any no?

Thank you.

Next

14

on the agenda is the review and approval of November

15

tribal council minutes and actions.

16

MR. WILLIAM MAIDEN:

Mr. Speaker?

17

MR. LESAUNDRI HUNT:

Yes?

18

MR. WILLIAM MAIDEN:

I'd like to offer a motion

19

that we receive the review and approval of November

20

tribal council meeting.

21

MR. HOMER FIELDS:

Second.

22

MR. LESAUNDRI HUNT:

Okay.

23

24

25

Mr. Homer.

We have a second by

All in favor, say aye.

(The council voted.)

MR. LESAUNDRI HUNT:

Any no?

Thank you.

Thank

6

1

you.

2

at all listed.

3

committee reports.

4

Ms. Janie McFarland.

5

Community comments tonight, we don't have any

If no community comments, we move to

First on our committee reports,

MS. JANIE MCFARLAND:

Our first ordinance is

6

Duke Energy Helping Home Fund Ordinance.

7

amendment number is number 3, "Fiscal Year October 1,

8

2015-September 30, 2016 Lumbee Tribal Budget

9

Ordinance."

This ordinance is in the amount of

10

$138,926.

It's for Cumberland and Robeson County,

11

and that --

12

The

Whereas, the following grant from "Duke Energy

13

Helping Home Fund" is to be used to address

14

Weatherization/Health and Safety needs, as well as

15

HVAC Repair and Replacement, and Appliance

16

Replacement.

17

Therefore, the budget is amended in the amount

18

of $138,926 to be designated to provide assistance to

19

qualified Duke Energy customers in Robeson and

20

Cumberland counties, and.

21

Therefore, Be it enacted by the Tribal Council

22

of the Lumbee Tribe of North Carolina the following

23

ordinance shall be amended and cited as "Fiscal Year

24

October 1 2015-September 30, 2016, Lumbee Tribal

25

Budget Ordinance."

7

1

2

3

MR. LESAUNDRI HUNT:

Okay.

Ms. Janie, would you

like to explain why they're on the agenda?

MS. JANIE MCFARLAND:

The -- we had an ordinance

4

in last -- in November, and part of it failed, and it

5

went back to committee, and the only change on this

6

ordinance is the amendment number.

7

MR. LESAUNDRI HUNT:

Okay.

Our tribal clerk met

8

with us after the meeting, and we were trying to

9

figure out since they were under one number and how

10

to make it go forward when one fails.

11

take that back to committee and revisited that, and

12

that's why it's under different numbers.

13

questions?

14

on all three?

15

16

17

18

Any comments?

MS. JANIE MCFARLAND:

Ms. Janie did

Okay.

Any

So, Ms. Janie, can we vote

I think we have to do one

at a time.

MR. LESAUNDRI HUNT:

One at a time, okay.

Two

of them did pass.

19

MS. JANIE MCFARLAND:

Yes.

20

MR. LESAUNDRI HUNT:

-- so council members, if

21

you would like to reaffirm those two, we'll take them

22

one at a time, each item.

23

and we'll vote one at a time or revote for

24

clarification.

25

Ms. Janie will read those,

Ms. Janie, number one?

MS. JANIE MCFARLAND:

Okay.

The next amendment

8

1

2

is amendment number 4.

Whereas, The "Project Access Budget Grant," a

3

partnership with the University of North Carolina at

4

Pembroke, Robeson Community College, and Public

5

Schools of Robeson County.

6

The amount of the grant is $480,707.

7

Therefore, the budget is amended in the amount

8

of $480,707 to be designated to increase exposure and

9

access to post-secondary educational opportunities in

10

Robeson -- excuse me -- Robeson County, K-12

11

students.

12

Therefore, Be it enacted by the Tribal Council

13

of the Lumbee Tribe of North Carolina the following

14

ordinance shall be amended and cited as "Fiscal Year

15

October 1, 2015-September 30, 2016 Lumbee Tribal

16

Budget Ordinance."

17

18

MR. LESAUNDRI HUNT:

MR. HOMER FIELDS:

20

MR. LESAUNDRI HUNT:

I offer a motion.

We have a motion by Mr.

Homer.

22

MS. AREATHA PATTERSON:

23

MR. LESAUNDRI HUNT:

24

25

Do we have a motion

to reaffirm?

19

21

Okay.

Second.

Second by Ms. Areatha.

All

in favor, say aye.

(The council voted.)

9

1

MR. LESAUNDRI HUNT:

Any no?

2

going to do a roll call vote.

Correction.

3

MS. JAN LOWERY:

4

MR. EVAN DAVENPORT:

5

MS. JAN LOWERY:

Terry Hunt?

6

MR. TERRY HUNT:

Yes.

7

MS. JAN LOWERY:

Janie Oxendine McFarland?

8

MS. JANIE MCFARLAND:

9

MS. JAN LOWERY:

10

MR. LESAUNDRI HUNT:

11

MS. JAN LOWERY:

12

MR. ALTON LOCKLEAR:

13

MS. JAN LOWERY:

14

MR. JONATHAN LOCKLEAR:

15

MS. JAN LOWERY:

16

MR. BOBBY OXENDINE:

17

MS. JAN LOWERY:

18

MR. JARROD LOWERY:

19

MS. JAN LOWERY:

20

Evan Davenport?

Yes.

Yes.

Lesaundri Hunt?

Yes.

Alton Locklear?

Yes.

Jonathan Locklear?

Yes.

Bobby Oxendine?

Yes.

Jarrod Lowery?

Yes.

Larry Townsend?

Douglas

Locklear?

21

MR. DOUGLAS LOCKLEAR:

22

MS. JAN LOWERY:

23

We're

yes.

Yes.

Robert Chavis?

Jan Lowery,

Bill Brewington?

24

MR. BILL BREWINGTON:

25

MS. JAN LOWERY:

Yes.

Daniel Jones?

10

1

MR. DANIEL JONES:

2

MS. JAN LOWERY:

3

MS. ANITA HAMMONDS BLANKS:

4

MS. JAN LOWERY:

5

MR. TERRY COLLINS:

6

MS. JAN LOWERY:

7

MR. FRANK COOPER:

8

MS. JAN LOWERY:

9

MS. AREATHA PATTERSON:

10

MS. JAN LOWERY:

11

MR. SHELLEY STRICKLAND:

12

MS. JAN LOWERY:

13

MR. WILLIAM MAIDEN:

14

MS. JAN LOWERY:

15

MR. HOMER FIELDS:

Yes.

16

MS. JAN LOWERY:

Unanimous.

17

MR. LESAUNDRI HUNT:

18

19

unanimous.

Yes.

Anita Hammonds Blanks?

Yes.

Terry Collins?

Yes.

Frank Cooper?

Yes.

Areatha Patterson?

Yes.

Shelley Strickland?

Yes.

William Maiden?

Yes.

Homer Fields?

Thank you.

The vote was

Ms. Janie?

MS. JANIE MCFARLAND:

Okay.

20

is amendment number 5.

21

table, it went back to committee.

22

back to committee, and it's back on the floor to be

23

voted on.

24

25

Okay.

The next amendment

This budget was on the

It failed and went

It is the Veterans Services budget.

Whereas, The following grant is to be used for

"Veterans Services."

11

1

2

3

4

There's $800 -- $82,837.88 from line item 8030

Construction/Purchase of Homes.

Whereas, The NAHASDA budget is amended in the

amount of $82,837.88 for Veteran Services,--

5

Therefore, Be it enacted by the Tribal Council

6

of the Lumbee Tribe of North Carolina the following

7

ordinance shall be amended and cited as "Fiscal Year

8

October 1, 2015-September 30, 2016 Lumbee Tribal

9

Budget Ordinance."

10

11

12

MR. LESAUNDRI HUNT:

Okay.

Any comments?

Mr.

Maiden?

MR. WILLIAM MAIDEN:

Mr. Speaker, is this the

13

one that we asked that this one person be removed

14

from this position before we voted on this?

15

MR. LESAUNDRI HUNT:

Yes, it is.

16

MR. WILLIAM MAIDEN:

Has this been done?

17

MR. LESAUNDRI HUNT:

Yes, sir.

From my

18

understanding, the 15th -- he had signed a

19

resignation, Mr. Maiden.

20

those documents are in the hands of Bobbi Jo Oxendine

21

because she is qualified in -- to handle those

22

documents from the veteran's office.

23

questions?

24

25

And to my understanding,

Any other

Ms. Anita?

MS. ANITA HAMMONDS BLANKS:

When we brought this

up at the last meeting for the veterans,-- the

12

1

question was, has something changed or changed its

2

mind concerning the funds that we have to pay back?

3

We were given a report back from HUD that night that

4

was presumed -- that was supposed to clear that up,

5

but when you read this document, it doesn't clear it

6

up for me.

7

veterans housing.

8

itemized budget provided exceeds total budget costs,

9

so I'm not quite sure what budget was presented to

10

HUD or why it exceeds it, but apparently they're

11

questioning expenditures for veterans -- and it says

12

activities must be related to affordable housing

13

activities because they've questioned so many of the

14

items that have been charged under that program.

15

it doesn't appear to me that the veterans program has

16

been approved by HUD according to this document, so

17

then my question is, how can we approve funds for

18

this program?

19

20

21

One of the things HUD cites is for

For veterans housing, it says

MR. LESAUNDRI HUNT:

Okay.

So

Would you like to

make a motion?

MS. ANITA HAMMONDS BLANKS:

I would make a

22

motion that these funds be denied based on the fact

23

that we've not been authorized to expend funds under

24

the veterans program by HUD, who has also levied

25

charges of $433,000 that have to be repaid, so how

13

1

can we expend funds?

2

we deny this request.

So I would offer a motion that

3

MR. LESAUNDRI HUNT:

Okay.

4

MR. EVAN DAVENPORT:

Ms. Janie, have you

5

Is there a second?

reviewed any of this?

6

MR. LESAUNDRI HUNT:

We have to finish this one.

7

MR. EVAN DAVENPORT:

Oh, okay.

8

MR. BOBBY OXENDINE:

Second.

9

MR. LESAUNDRI HUNT:

We have a motion and a

10

second.

11

Mr. Terry?

MR. TERRY HUNT:

Mr. Speaker, I'd like to offer

12

a substitute motion to go as planned because if this

13

wasn't explained the first time we voted and sent

14

back to committee, why didn't that come up at that

15

time?

16

was still on the employment with the VA, and he's

17

resigned, turned his letter in, and we're bringing it

18

back for a vote.

19

motion.

20

21

And we only sent it back because that fellow

That's basically my substitute

MR. LESAUNDRI HUNT:

We have a substitute

motion.

22

MR. JONATHAN LOCKLEAR:

Second.

23

MR. LESAUNDRI HUNT:

We have a second.

24

MR. BILL BREWINGTON:

Discussion.

25

MR. LESAUNDRI HUNT:

We have discussion.

Mr.

14

1

Bill?

2

MR. BILL BREWINGTON:

I think it was noted in

3

our last discussion that in the IHP -- and the IHP is

4

our plan, and they put $82,000 in the IHP.

5

doing tonight is authorizing a request if it's not

6

legit and it's denied, then it can't be spent, but if

7

we deny the request, then we got to go back and keep

8

going over and over rehashing this.

9

approved by IHP, and the IHP is not going through --

10

it's already gone through with the $82,000 in there,

11

but if someone in our administration and our newly

12

elect chair finds reason why that $82,000 is not

13

legit, then we stop spending, but to postpone

14

veteran's assistance, we're doing wrong.

15

saying spend money that's not there.

16

spend money that's authorized in hopes that's what

17

we're doing.

18

19

20

All we're

If it's not

We're not

We're saying

MR. LESAUNDRI HUNT:

Okay.

Anyone else?

Mr.

MR. ALTON LOCKLEAR:

Yes.

Can anyone from the

Al?

21

administration come before us tonight and tell us

22

exactly what the veteran's programs is currently

23

doing at this time because under these rules, it's

24

not something the veteran's office has been doing in

25

the past, so I'd like clarification on what they're

15

1

doing now to comply with HUD and the IHP what exactly

2

they're doing now.

3

MR. LESAUNDRI HUNT:

4

MR. BILLY HUNT:

Mr. Billy?

I'm unable to answer that.

5

That would have to be addressed to the tribal

6

administrator.

7

MR. LESAUNDRI HUNT:

Okay.

The tribal

8

administrator did call me, and he went home sick

9

about 4-4:30 when he did call me and told me he

10

wouldn't be at the meeting tonight, so apparently,

11

Mr. Al, no one's here who can answer that question.

12

MR. ALTON LOCKLEAR:

So then how do we know that

13

this is not going to be another audit finding because

14

the administration the last year failed because they

15

were doing everything in accordance with HUD's

16

recommendation --

17

MR. BILL BREWINGTON:

Point of order.

18

MR. ALTON LOCKLEAR:

Excuse me.

19

MR. BILL BREWINGTON:

Point of order.

Mr. Al,

20

I'm going to ask that you give everybody else a

21

chance to speak on this.

22

MR. ALTON LOCKLEAR:

23

I haven't finished my

original question.

24

MR. BILL BREWINGTON:

25

THE REPORTER:

You --

Excuse me, but I need everyone to

16

1

speak one at a time and in turn.

2

MR. BILL BREWINGTON:

You've spoke one time, so

3

I ask you give everyone a chance, and then you can

4

come back if the chairman authorizes it so everybody

5

else can speak on this issue.

6

MR. ALTON LOCKLEAR:

All right.

Well, I asked a

I responded to the answer.

Again, how do

7

question.

8

we know that there's not going to be another audit

9

finding if the administration was doing the first

10

time what they should've been doing, how do we know

11

there's to be another audit finding, that we're not

12

going to get another audit finding by doing something

13

that's not authorized by HUD?

14

MR. LESAUNDRI HUNT:

15

answer that at this time.

16

else?

17

MR. EVAN DAVENPORT:

All right. Mr. Al, we can't

We don't know.

Anyone

Mr. Locklear, as per the

18

question, I had asked Ms. Jan if she had incurred any

19

new, additional information on this particular

20

subject.

21

22

MS. JANIE MCFARLAND:

Anita has.

23

24

25

Only the letter that Ms.

MR. EVAN DAVENPORT:

Okay.

So no different than

MS. JANIE MCFARLAND:

(Nonverbal response.)

that?

17

1

MR. EVAN DAVENPORT:

Thank you.

2

MR. ALTON LOCKLEAR:

Ms. Janie, could you repeat

3

4

5

that, please?

MS. JANIE MCFARLAND:

Only the letter that Ms.

Anita has that was passed out to everyone.

6

MR. LESAUNDRI HUNT:

7

and one against the motion.

8

MR. SHELLEY STRICKLAND:

9

Mr. Al does a right to a rebuttal.

10

11

MR. LESAUNDRI HUNT:

Okay.

Okay.

Point of order.

Now,

Mr. Locklear, would

you like to -MR. ALTON LOCKLEAR:

13

MR. SHELLEY STRICKLAND:

15

Anyone else?

Okay.

12

14

We have one in favor

I didn't hear any of that.

You have the floor for

a rebuttal.

MR. ALTON LOCKLEAR:

Well, again, I restate what

16

I said earlier.

If there's no one here from

17

administration to tell us exactly what the veteran's

18

office is doing now and in the past -- we got

19

findings that we were taking veterans on fishing

20

trips, and HUD said we shouldn't be doing it.

21

only thing from my standing is that what we can do is

22

to transport veterans for housing services, and I

23

don't know if there's anyone here who can tell us

24

exactly what we are doing now.

25

scope of the veteran's program because no one has

The

Have we changed the

18

1

come before us from the veteran's office and said

2

this is what we're doing, so before I think we

3

approve it, I think we need to know exactly what the

4

veteran's office is doing.

5

MR. LESAUNDRI HUNT:

Okay.

6

MR. EVAN DAVENPORT:

Is that a motion?

7

Mr. Al,

is that a motion?

8

MR. ALTON LOCKLEAR:

Yes.

That is a motion.

9

MR. LESAUNDRI HUNT:

Restate your motion.

10

MR. ALTON LOCKLEAR:

My motion is that we go

11

back committee and get a presentation through the

12

finance committee from the veteran's office as to

13

exactly the scope of where they are performing so

14

that we are -- know for sure that we are in

15

compliance.

16

veterans office is doing, it says what we should be

17

doing.

The letter does not state what the

18

MS. ANITA HAMMONDS BLANKS:

19

MR. LESAUNDRI HUNT:

20

21

second.

Second.

We have a motion and a

We have a parliamentary --

MR. BILL BREWINGTON:

We have an original

22

motion, then we got a substitute motion, and we can't

23

have them overlapping.

24

substitute motion, and if it fails, then we got to go

25

back to the original motion, and then if you want to

We got to vote on the

19

1

make another substitute, then we got to do that after

2

the original.

3

original motion.

The substitute takes priority over the

4

MR. ALTON LOCKLEAR:

5

motion on a substitute motion?

6

MR. LESAUNDRI HUNT:

7

MR. JONATHAN LOCKLEAR:

8

MR. LESAUNDRI HUNT:

9

question.

10

motion.

11

So I offer a substitute

Yeah.

Call for question.

Okay.

We got a call for

We will be voting on the substitute

Mr. Hunt, would you restate?

MR. TERRY HUNT:

My substitute motion was to go

12

ahead and decide it tonight because we want the --

13

the council was asked to resolve it, and we did, and

14

that resolved what we was asked for it to do.

15

the veterans was there at that time also, so there

16

was no contesting the letter at that time, so that's

17

my substitute motion.

18

19

20

21

22

MR. LESAUNDRI HUNT:

Okay.

Plus,

Do we have a

question?

MS. ANITA HAMMONDS BLANKS:

Could you repeat

that motion?

MR. ALTON LOCKLEAR:

23

completely different.

24

MR. TERRY HUNT:

25

I added too much to it.

Yeah.

It sounded

Let me start over again.

Maybe

My motion is to go ahead and

20

1

decide tonight about the veteran's money tonight

2

because what we did at the last meeting has been

3

complied with.

4

it.

5

6

7

8

Therefore, we should continue on with

MR. LESAUNDRI HUNT:

Okay.

Is everyone clear?

Any questions?

MR. ALTON LOCKLEAR:

make it clear.

Mr. Speaker, I just want to

He's asking that we decide, vote --

9

MR. TERRY HUNT:

(Nonverbal response.)

10

MS. JAN LOWERY:

Evan Davenport?

11

MR. EVAN DAVENPORT:

12

MS. JAN LOWERY:

Terry Hunt?

13

MR. TERRY HUNT:

Yes.

14

MS. JAN LOWERY:

Janie Oxendine?

15

MS. JANIE MCFARLAND:

16

MS. JAN LOWERY:

17

MR. LESAUNDRI HUNT:

18

MS. JAN LOWERY:

19

MR. ALTON LOCKLEAR:

20

MS. JAN LOWERY:

21

MR. JONATHAN LOCKLEAR:

22

MS. JAN LOWERY:

23

MR. BOBBY OXENDINE:

24

MS. JAN LOWERY:

25

MR. JARROD LOWERY:

No.

Pass.

Lesaundri Hunt?

No.

Alton Locklear?

No.

Jonathan Locklear?

Yes.

Bobby Oxendine?

No.

Jarrod Lowery?

No.

21

1

MS. JAN LOWERY:

2

MR. DOUGLAS LOCKLEAR:

3

MS. JAN LOWERY:

4

yes.

Douglas Locklear?

No.

Robert Chavis?

Bill Brewington?

5

MR. BILL BREWINGTON:

6

MS. JAN LOWERY:

7

MR. DANIEL JONES:

8

MS. JAN LOWERY:

9

MS. ANITA HAMMONDS BLANKS:

10

MS. JAN LOWERY:

11

MR. TERRY COLLINS:

12

MS. JAN LOWERY:

13

MR. FRANK COOPER:

14

MS. JAN LOWERY:

15

MS. AREATHA PATTERSON:

16

MS. JAN LOWERY:

17

MR. SHELLEY STRICKLAND:

18

MS. JAN LOWERY:

19

MR. WILLIAM MAIDEN:

20

MS. JAN LOWERY:

21

MR. HOMER FIELDS:

22

MR. LESAUNDRI HUNT:

23

Jan Lowery,

failed.

Yes.

Daniel Jones?

Yes.

Anita Hammonds Blanks?

No.

Terry Collins.

No.

Frank Cooper?

No.

Areatha Patterson?

Yes.

Shelley Strickland?

No.

William Maiden?

No.

Homer Fields?

No.

Okay.

Substitute motion

Ms. Janie didn't vote.

24

MS. JAN LOWERY:

What did she say?

25

MS. JANIE MCFARLAND:

No.

22

1

2

3

4

5

6

7

MR. LESAUNDRI HUNT:

The original motion was to

-- Ms. Janie, would you restate your main motion?

MR. JONATHAN LOCKLEAR:

Ms. Anita made that

motion.

MR. LESAUNDRI HUNT:

My mistake.

Ms. Anita,

will you restate?

MS. ANITA HAMMONDS BLANKS:

I make a motion that

8

we deny the funds to the veteran's department at this

9

time until such a time as the information on the IHP

10

is given to us in black and white that it has been

11

approved with these added costs.

12

MR. WILLIAM MAIDEN:

Second.

13

MR. LESAUNDRI HUNT:

Who has a second?

14

MR. WILLIAM MAIDEN:

I second and third.

15

MR. LESAUNDRI HUNT:

Okay.

Ms. Anita made the

16

motion, and Mr. William had the second.

17

questions before we vote?

18

please.

Any

Ms. Jan, roll call vote,

19

MS. JAN LOWERY:

Evan Davenport?

20

MR. EVAN DAVENPORT:

21

MS. JAN LOWERY:

Terry Hunt?

22

MR. TERRY HUNT:

No.

23

MS. JAN LOWERY:

Janie Oxendine McFarland?

24

MS. JANIE MCFARLAND:

25

MS. JAN LOWERY:

Yes.

Yes.

Lesaundri Hunt?

23

1

MR. LESAUNDRI HUNT:

2

MS. JAN LOWERY:

3

MR. ALTON LOCKLEAR:

4

MS. JAN LOWERY:

5

MR. JONATHAN LOCKLEAR:

6

MS. JAN LOWERY:

7

MR. BOBBY OXENDINE:

8

MS. JAN LOWERY:

9

MR. JARROD LOWERY:

10

MS. JAN LOWERY:

11

MR. DOUGLAS LOCKLEAR:

12

MS. JAN LOWERY:

13

Yes.

Alton Locklear?

Yes.

Jonathan Locklear?

No.

Bobby Oxendine?

Yes.

Jarrod Lowery?

Yes.

Larry Townsend?

Doug Locklear?

Yes.

Robert Chavis?

Jan Lowery, no.

Bill Brewington?

14

MR. BILL BREWINGTON:

No.

15

MS. JAN LOWERY:

16

MR. DANIEL JONES:

17

MS. JAN LOWERY:

18

MS. ANITA HAMMONDS BLANKS:

19

MS. JAN LOWERY:

20

MR. TERRY COLLINS:

21

MS. JAN LOWERY:

22

MR. FRANK COOPER:

23

MS. JAN LOWERY:

24

MS. AREATHA PATTERSON:

25

MS. JAN LOWERY:

Daniel Jones?

No.

Anita Hammonds Blanks?

Yes.

Terry Collins?

Yes.

Frank Cooper?

Yes.

Areatha Patterson?

No.

Shelley Strickland?

24

1

MR. SHELLEY STRICKLAND:

2

MS. JAN LOWERY:

3

MR. WILLIAM MAIDEN:

4

MS. JAN LOWERY:

5

MR. HOMER FIELDS:

Yes.

6

MS. JAN LOWERY:

Carries.

7

MR. LESAUNDRI HUNT:

8

Yes.

William Maiden?

Yes.

Homer Fields?

And the motion carries.

Next, Ms. Janie?

9

MS. JANIE MCFARLAND:

That's the last one.

10

MR. LESAUNDRI HUNT:

Okay.

11

the ethics committee.

12

Patterson?

13

Next item is from

Chairperson, Ms. Areatha

MS. AREATHA PATTERSON:

Mr. Speaker, I make a

14

motion that we lift the sanctions on Councilman Larry

15

Townsend based on the ordinance CLLO 2010-0312-01 and

16

any proceeding ordinance submitted by the tribal

17

council titled "Ethics and conflict of interest" be

18

removed, and that any evidence based on the latter be

19

ruled out, and the language of CLLO 2010-0312-01 be

20

granted and nulled as against Larry Townsend as a

21

council member be included but not limited to full

22

voting rights as governed by Article XI of the

23

constitution of the Lumbee Tribe of North Carolina be

24

destroyed immediately.

25

MR. LESAUNDRI HUNT:

Okay.

It doesn't need a

25

1

second.

2

MS. ANITA HAMMONDS BLANKS:

I have a question.

3

Areatha, could you read that CLLO part again?

4

ordinance are you talking about?

5

MS. AREATHA PATTERSON:

6

MS. ANITA HAMMONDS BLANKS:

MS. AREATHA PATTERSON:

10

MR. LESAUNDRI HUNT:

11

MS. AREATHA PATTERSON:

12

this.

13

vote on this.

15

16

The CLLO that you

just quoted.

9

14

Which are you talking

about?

7

8

2010-0312-01.

Okay.

So we have discussed

We had a meeting with this.

MR. LESAUNDRI HUNT:

We're ready to

It's a motion.

We don't

need a second, but we do have to allow for comments.

MR. ALTON LOCKLEAR:

Mr. Speaker, is it possible

17

to get a copy of what Ms. Patterson's quoting?

18

not in the packet.

19

20

21

22

Which

MR. TERRY HUNT:

It's

Mr. Speaker, I call for the

question.

MR. LESAUNDRI HUNT:

You're just asking for it

to be lifted?

23

MS. AREATHA PATTERSON:

24

rights are restored to him.

25

question.

Lifted, I guess.

So his

His rights have been in

He can not vote on anything, and this has

26

1

been going on forever.

The council has met as a

2

committee, everybody, so we want to go ahead an vote

3

on it.

4

MR. LESAUNDRI HUNT:

Mr. Al?

5

MR. ALTON LOCKLEAR:

I'm just asking to get a

6

copy of the section she just read so it's clear what

7

we're voting on.

8

MR. LESAUNDRI HUNT:

9

copy of that?

10

that's a new document.

11

That's not the ordinance itself,

MR. ALTON LOCKLEAR:

12

form of a resolution?

13

MR. TERRY HUNT:

14

Ms. Belinda, can you get a

Mr. Speaker, is this in the

No.

Mr. Speaker, I call for

the question.

15

MR. BILL BREWINGTON:

Mr. Speaker, I suggest to

16

Ms. Areatha that she just make a motion -- change her

17

motion on Mr. Townsend, and that will get rid of --

18

clear it all up.

19

motion to lift the sanction.

20

we all know how we're going to vote.

21

22

MS. AREATHA PATTERSON:

25

We all know what it is,

I make a motion to lift

the sanction.

23

24

Re-substitute or restate your

MR. LESAUNDRI HUNT:

And that's all you want to

say?

MS. AREATHA PATTERSON:

Right.

27

1

2

MR. LESAUNDRI HUNT:

ahead and vote.

3

Okay.

We're going to go

I mean, if somebody wants to --

MR. BILL BREWINGTON:

Point of order.

So

4

everybody understands what she read -- what you're

5

voting on is just to lift the sanction.

6

she said is binding.

Nothing that

It's just to lift the sanction.

7

MR. ALTON LOCKLEAR:

Mr. Speaker?

8

MR. LESAUNDRI HUNT:

We now have a question.

9

MR. EVAN DAVENPORT:

Yes.

We're checking that

10

-- it didn't come out of committee based on what I'm

11

reading on this CLLR-2014 --

12

MR. LESAUNDRI HUNT:

13

void.

That is -- will be null and

She just made that --

14

MR. EVAN DAVENPORT:

15

what's on the table right now.

16

MR. LESAUNDRI HUNT:

17

MS. AREATHA PATTERSON:

18

MR. LESAUNDRI HUNT:

19

committee.

20

did come out of committee.

21

vote.

22

23

I understand that.

Okay.

That's

Mr. --

It did.

This did come out of

That's why it didn't need a second.

Okay.

It

We're ready to

May I have your attention, please.

MR. ALTON LOCKLEAR:

I'm sorry.

Are we voting

on this (Indicating)?

24

MR. LESAUNDRI HUNT:

No.

No.

25

MR. ALTON LOCKLEAR:

This is what came out of

28

1

committee.

2

3

We're voting on a different motion.

MR. LESAUNDRI HUNT:

committee.

Okay.

That didn't come out of

We're ready to vote.

4

MS. JAN LOWERY:

5

MR. EVAN DAVENPORT:

6

MS. JAN LOWERY:

Terry Hunt?

7

MR. TERRY HUNT:

Yes.

8

MS. JAN LOWERY:

Janie Oxendine McFarland?

9

MS. JANIE MCFARLAND:

10

MS. JAN LOWERY:

11

MR. LESAUNDRI HUNT:

12

MS. JAN LOWERY:

13

MR. ALTON LOCKLEAR:

14

MS. JAN LOWERY:

15

MR. JONATHAN LOCKLEAR:

16

MS. JAN LOWERY:

17

MR. BOBBY OXENDINE:

18

MS. JAN LOWERY:

19

MR. JARROD LOWERY:

20

MS. JAN LOWERY:

21

MR. DOUGLAS LOCKLEAR:

22

MS. JAN LOWERY:

23

yes.

Evan Davenport?

No.

No.

Lesaundri Hunt?

No.

Alton Locklear?

No.

Jonathan Locklear?

Yes.

Bobby Oxendine?

No.

Jarrod Lowery?

Yes.

Douglas Locklear?

Yes.

Robert Chavis?

Jan Lowery,

Bill Brewington?

24

MR. BILL BREWINGTON:

25

MS. JAN LOWERY:

Yes.

Daniel Jones?

29

1

MR. DANIEL JONES:

Yes.

2

MS. JAN LOWERY:

3

MS. ANITA HAMMONDS BLANKS:

4

MS. JAN LOWERY:

5

MR. TERRY COLLINS:

6

MS. JAN LOWERY:

7

MR. FRANK COOPER:

8

MS. JAN LOWERY:

9

MS. AREATHA PATTERSON:

10

MS. JAN LOWERY:

11

MR. SHELLEY STRICKLAND:

12

MS. JAN LOWERY:

13

MR. WILLIAM MAIDEN:

14

MS. JAN LOWERY:

15

MR. HOMER FIELDS:

16

MS. JAN LOWERY:

17

MR. LESAUNDRI HUNT:

And the motion failed.

18

MR. ALTON LOCKLEAR:

Mr. Speaker, I offer a

Anita Hammonds Blanks?

No.

Terry Collins?

No.

Frank Cooper?

No.

Areatha Patterson?

Yes.

Shelley Strickland?

Yes.

William Maiden?

No.

Homer Fields?

No.

It failed.

19

motion since we've heard this sanction -- this is the

20

third time in this calendar year that we offer a

21

motion that we no longer hear of this sanction until

22

that conflict of interest has been lifted.

23

MR. TERRY HUNT:

You can't do that.

24

MS. ANITA HAMMONDS BLANKS:

25

MR. JONATHAN LOCKLEAR:

Second.

Second.

30

1

MR. LESAUNDRI HUNT:

Ladies and gentlemen, if I

2

can make a privileged statement.

We do have a court

3

case that has been put on the docket for court on

4

December 28th concerning this issue, and it's before

5

the supreme court, so I would suggest -- I would like

6

to suggest that we wait until then to see what the

7

supreme court's decision is.

8

MR. ALTON LOCKLEAR:

My stance is that the

9

supreme court hasn't decided if they're really going

10

to hear the case.

11

this matter three times, we've tied this council up

12

in numerous committee meetings, and this is the third

13

time it's been voted down to not remove the sanction,

14

so I make a motion that we not -- we will not hear

15

this matter until the conflict of interest is removed

16

regardless of how the supreme court decides, which

17

has nothing to do with our law.

18

MR. WILLIAM MAIDEN:

Call for the question.

19

MR. LESAUNDRI HUNT:

We have a question.

I would -- since we've discussed

I

20

think we need some clarification on what Mr. Al was

21

saying, but I'll allow for a couple comments.

22

Ms. Jan?

23

MS. JAN LOWERY:

Okay.

I just want to say that I've

24

sat here for the past year and listened to ordinances

25

be presented over and over and over again by several

31

1

members on our council, so why pick this one to come

2

out and say we don't want to hear it again is a

3

surprise to me, and I don't think it's in our rules

4

or there's any ordinance that says we can't listen to

5

an ordinance or a motion that's presented several

6

times.

7

If I'm mistaken, please, show me where it is.

MR. LESAUNDRI HUNT:

That is correct.

Earlier

8

in the year, that was presented that an item cannot

9

come back to the council repeatedly in the same

10

calender year.

11

not pass, so that and any item can come back.

12

There's no limit on it since we voted that down

13

earlier in the year.

14

MS. JAN LOWERY:

15

to respond to that?

16

MR. BILLY HUNT:

17

18

19

20

21

That motion was voted down, it

That's my understanding.

Could we get the clerk of court

What's the question?

I'm

sorry.

MS. JAN LOWERY:

About the number of times

ordinances can come before us and be presented.

MR. BILLY HUNT:

There's not a specific

ordinance for that as a matter of fact.

22

MS. JAN LOWERY:

23

the case is coming up then?

24

MR. BILLY HUNT:

25

did

And can you tell me about when

The case -- it's scheduled for

December 28th at 6:30.

32

1

MS. JAN LOWERY:

Here?

2

MR. BILLY HUNT:

Yes, ma'am.

3

MR. TERRY HUNT:

Bare with me, Mr. Speaker, but

4

I want to remind the council there's another motion

5

that's come to this council for a year, and every

6

time it comes out, we debate and debate and debate

7

and debate.

It dies and we put no restrictions on

8

that motion.

I disagree with these objections.

9

MR. LESAUNDRI HUNT:

10

just made would end the motion.

11

Strickland?

12

MR. BOBBY OXENDINE:

And I think my statement I

Mr. Bobby and Mr.

For clarification, I

13

believe if the prevailing side does a reconsidered

14

motion and that passes, then that motion is down for

15

the duration unless the prevailing side brings it

16

back up; am I correct?

17

MR. BILL BREWINGTON:

Yes.

Point of order.

18

That's true.

It can't come back tonight because of

19

what the prevailing side -- the vote was 10-10, and

20

therefore, it allows either side, but since it was

21

defeated, it would have to be the prevailing side to

22

bring it back up.

23

MR. BOBBY OXENDINE:

24

reconsider this motion.

25

MR. LESAUNDRI HUNT:

I offer a motion that we

The motion has been made by

33

1

2

Mr. Al.

Okay.

Would you restate that, Mr. Al?

MR. ALTON LOCKLEAR:

My motion is to -- since

3

this motion's been heard three times from the ethics

4

committee and the entire council, and it's been voted

5

down every time, that the conflict of interest has

6

not been removed, and that we will not hear this

7

matter again until the conflict of interest has been

8

removed.

Also in the original --

9

MR. LESAUNDRI HUNT:

10

MS. ANITA HAMMONDS BLANKS:

11

MR. LESAUNDRI HUNT:

Okay.

12

MR. ALTON LOCKLEAR:

In the original motion, it

13

14

15

16

stated exactly that.

Okay.

Can we get a second?

I second.

Can I read that please?

MR. LESAUNDRI HUNT:

Okay.

You've got three

minutes.

MR. ALTON LOCKLEAR:

Immediate sanctions against

17

Mr. Townsend to remove him from all committee chair

18

proceedings, prevent him from sitting as committee

19

chair, co-chair, or participate in any public

20

sessions, duties of tribal council until the conflict

21

of interest in removed.

22

original motion said.

23

24

25

MR. LESAUNDRI HUNT:

I was reading what the

What he just read is not in

the motion that he just stated in his statement.

MR. ALTON LOCKLEAR:

And it was voted seven yes,

34

1

six no.

2

MR. LESAUNDRI HUNT:

3

Repeat just the motion.

4

MR. ALTON LOCKLEAR:

Just the motion, Mr. Al.

My motion is to not hear

5

this matter again until the conflict of interest is

6

removed.

7

8

MR. LESAUNDRI HUNT:

question.

Okay.

Do we have a

Did we get a second?

9

MS. ANITA HAMMONDS BLANKS:

Yes.

10

MR. LESAUNDRI HUNT:

We have a motion and

11

a second.

12

please.

Okay.

Call for question.

Ms. Jan, roll call,

13

MS. JAN LOWERY:

Evan Davenport?

14

MR. EVAN DAVENPORT:

15

MS. JAN LOWERY:

Terry Hunt?

16

MR. TERRY HUNT:

No.

17

MS. JAN LOWERY:

Janie Oxendine McFarland?

18

MS. JANIE MCFARLAND:

19

MS. JAN LOWERY:

20

MR. LESAUNDRI HUNT:

21

MS. JAN LOWERY:

22

MR. ALTON LOCKLEAR:

23

MS. JAN LOWERY:

24

MR. JONATHAN LOCKLEAR:

25

MS. JAN LOWERY:

Yes.

Yes.

Lesaundri Hunt?

No.

Alton Locklear?

Yes.

Jonathan Locklear?

No.

Bobby Oxendine?

35

1

MR. BOBBY OXENDINE:

2

MS. JAN LOWERY:

3

MR. JARROD LOWERY:

4

MS. JAN LOWERY:

5

MR. DOUGLAS LOCKLEAR:

6

MS. JAN LOWERY:

7

Yes.

Jarrod Lowery?

No.

Douglas Locklear?

No.

Robert Chavis?

Jan Lowery, no.

Bill Brewington?

8

MR. BILL BREWINGTON:

No.

9

MS. JAN LOWERY:

10

MR. DANIEL JONES:

11

MS. JAN LOWERY:

12

MS. ANITA HAMMONDS BLANKS:

13

MS. JAN LOWERY:

14

MR. TERRY COLLINS:

15

MS. JAN LOWERY:

16

MR. FRANK COOPER:

17

MS. JAN LOWERY:

18

MS. AREATHA PATTERSON:

19

MS. JAN LOWERY:

20

MR. SHELLEY STRICKLAND:

21

MS. JAN LOWERY:

22

MR. WILLIAM MAIDEN:

23

MS. JAN LOWERY:

24

MR. HOMER FIELDS:

No.

25

MS. JAN LOWERY:

Failed.

Daniel Jones?

No.

Anita Hammonds Blanks?

Yes.

Terry Collins?

Yes.

Frank Cooper?

Yes.

Areatha Patterson?

No.

Shelley Strickland?

Abstain.

William Maiden?

Yes.

Homer Fields?

36

1

MR. LESAUNDRI HUNT:

And the motion failed.

2

Next on our agenda is constitution and ordinance.

3

Ms. Anita Blanks?

4

5

6

MS. ANITA HAMMONDS BLANKS:

resolution 2015-1217-01.

This is CLLR,

It states:

Whereas, the Lumbee Tribal Council has the power

7

to enact legislation to appropriate funds for

8

operation of the tribal government, and;

9

Whereas, the fiscal year of operation of the

10

Lumbee Tribe of North Carolina is October 1, thru

11

September 30, and;

12

Therefore, be it Resolved, the Tribal Council of

13

the Lumbee Tribe of North Carolina votes to authorize

14

the "Set Aside" of funds labeled in the 2015-2016

15

Lumbee Tribal Budget as "Unrestricted" as follows:

16

1. The amount up to $35,000 will be made

17

available to the Lumbee Tribe's Board of Elections.

18

2. These funds will be used by the Board of

19

Elections to fulfill duties and responsibilities as

20

stated in the Tribal Constitution.

21

22

3. These funds will be used for any Tribal

Elections held in the year 2016.

23

4. The Board of Elections will present a

24

projected budget to the Tribal Council before the

25

expenditure of any funds.

37

1

5. A Report of all revenues/expenses will be

2

presented to the Tribal Council thirty days after any

3

election held in the year 2016.

4

5

6

7

8

And this is out of the constitution committee

meeting.

MR. LESAUNDRI HUNT:

second.

Okay.

It don't need a

Ms. Jan?

MS. JAN LOWERY:

Now, this is something that is

9

very interesting when we want to talk about things

10

coming before us several times and people getting

11

tired of hearing it.

12

coming out of the constitution committee that's

13

dealing with money -- a resolution.

Why did it not

14

come out of the finance committee?

And then number

15

two, the chairman is supposed to bring any changes to

16

the budget to us to maintain, so who are we to sit

17

here and decide that because that there might be a

18

new election that we're going to need $35,000 be

19

moved?

20

21

22

Here's a ordinance that's

MR. LESAUNDRI HUNT:

Okay.

I have some comments

MS. ANITA HAMMONDS BLANKS:

Mr. Speaker, as Ms.

myself.

You go ahead.

23

Janie here can attest to,--

24

MS. JAN LOWERY:

25

MS. ANITA HAMMONDS BLANKS:

Jan.

Excuse me.

Ms.

38

1

Janie here can attest to, she asked me to write this

2

resolution to set aside these funds for the board of

3

elections so we didn't have to go through the trash

4

that the board of elections is currently going

5

through.

6

that, the people in the constitution committee are

7

the same people on the finance committee.

That was her request to me, and besides

8

MS. JANIE MCFARLAND:

That's correct.

9

MS. ANITA HAMMONDS BLANKS:

And the funds will

10

not be available for use until February 2016, so the

11

coming election -- this will not affect the upcoming

12

election prior to that period of time, and besides

13

that, these are funds that are set in the budget

14

under the tribal council's prevue as these are

15

unrestricted funds.

16

they could not be used until the tribal council

17

deemed it appropriate to deal with those funds.

18

19

20

We put those funds there so that

MR. LESAUNDRI HUNT:

understand.

Okay.

That is correct I

Mr. Jarrod?

MR. JARROD LOWERY:

Thank you, Mr. Speaker.

A

21

few comments.

While I have no issue with what comes

22

out of what committee, until we have rules for our

23

committees on actually having ordinances stating

24

what's appropriate, pretty much anything can come out

25

of committee, but I do -- the thing that bothers me,

39

1

and I'm truly not bothered, we just have set aside an

2

unrestricted budget which we all agreed on, and it

3

will come out in February -- and I think many people

4

of our tribe, of our nation like myself is kind of

5

excited to start a new year with a new tribal

6

chairman and tribal council, and I think in my mind,

7

I rather wait until we have the new tribal chairman

8

to give us the leadership on where to -- where our

9

funds should be decided as a budget, so what's wrong

10

with waiting another month, you know, of saying let's

11

wait for the new tribal chairman and decide where we

12

want these $35,000 to go.

13

until February, so maybe we shouldn't jump the gun

14

until the administration has the opportunity to have

15

some input.

16

Speaker.

17

18

It's not going in effect

That's my thoughts.

MR. LESAUNDRI HUNT:

Thank you, Mr.

Are you offering that as a

motion?

19

MR. JARROD LOWERY:

No, Mr. Speaker.

20

MR. LESAUNDRI HUNT:

Mr. Davenport?

21

MR. EVAN DAVENPORT:

My only comment to that

22

comment is that could be anything we discussed

23

tonight.

24

on the agenda, let's go ahead and follow protocol and

25

get it resolved.

If it's on the agenda, it's been approved

40

1

MR. LESAUNDRI HUNT:

Mr. Bill?

2

MR. BILL BREWINGTON:

Mr. Speaker, I'm on the

3

finance and the constitution committee, and like Ms.

4

Jan said, this came from the constitution, and it's

5

dealing with money, and I voted no.

6

explain to you why with three reasons, and all three

7

reasons are for legal reasons.

I'd like to

8

In our constitution under Article VIII, the

9

tribal chairperson, all executive power including

10

limitations and compliance with that budget.

11

annual budget has been approved, and you all know,

12

once we approve our annual budget, it then must go

13

through the chairman.

14

approved, we said the tribal council of the Lumbee

15

Tribe reserves the right to budget as recommended by

16

the tribal chairman.

17

the chairman, but foremost, is this next one.

18

ignore the constitution it appears if we vote for

19

this, we ignore our own ordinance, but we got a court

20

order.

21

Our

Also, in an ordinance we just

All budget monies go through

We

Ms. Belinda, give a copy to everyone.

This court order was did back in January 2010,

22

Purnell Swett v. Richard Burnette.

Belinda will be

23

glad to give you a total copy of it, but tonight, I

24

want you to look at an insert out of it, and if we

25

vote on what's before us tonight before our

41

1

elect-chairman -- we don't need to railroad something

2

over on him right tonight.

3

board's going to need money, let's work with our

4

elected chairman to provide that.

We know the election

5

MR. LESAUNDRI HUNT:

Mr. Bill,--

6

MR. BILL BREWINGTON:

This is a court order.

7

MR. LESAUNDRI HUNT:

-- if the chair has a

8

problem with passing out this information now.

9

is supposed to be given to us five days in advance.

10

MR. BILL BREWINGTON:

11

This is just a reminder.

12

MR. LARRY TOWNSEND:

Mr. Speaker?

13

MR. LESAUNDRI HUNT:

Mr. Larry?

14

MR. LARRY TOWNSEND:

The previous council

This

Well, everybody has this.

15

person, Cynthia Hunt, gave the tribal council a book

16

of all the ordinances and all the resolutions, so no

17

one can not say I don't have a copy, and if they do

18

say I do not have a copy, it's by choice.

19

error because we gave everybody a copy of the

20

ordinances and the resolutions and court cases, so

21

therefore, what Mr. Bill is reading is documentation

22

people actually have.

23

24

25

It's an

MR. BILL BREWINGTON:

We have a right to read

MR. WILLIAM MAIDEN:

Mr. Speaker?

it.

42

1

MR. LESAUNDRI HUNT:

Mr. Maiden?

2

MR. WILLIAM MAIDEN:

My question is, Ms. Janie,

3

is this money already set aside in the budget?

4

MS. JANIE MCFARLAND:

Yes.

5

MR. WILLIAM MAIDEN:

And if I might say too, Mr.

6

Speaker, no disrespect to our chairman-elect, this is

7

money that is set aside by the tribal council as

8

unrestricted funds to do as we deem necessary to do

9

that from.

10

MR. LESAUNDRI HUNT:

Restate your --

11

MR. WILLIAM MAIDEN:

Restate what I said?

12

MR. LESAUNDRI HUNT:

(Nonverbal response.)

13

MR. WILLIAM MAIDEN:

I asked Ms. Janie a

14

question, was this money already in the budget for

15

this year, and I think she responded yes.

16

correct, Ms. Janie?

17

MS. JANIE MCFARLAND:

18

aside once it comes in.

19

yet.

20

February.

21

22

23

24

25

Is that

This money has been set

It has not been received

It's supposed to be coming in some time in

MR. WILLIAM MAIDEN:

If I might add, Mr.

Speaker,-MS. JANIE MCFARLAND:

It's listed in the budget

by the tribal council.

MR. WILLIAM MAIDEN:

That's what my comment was.

43

1

No disrespect to the chairman-elect, but this was

2

money that was set aside by the tribal council as

3

line item Unrestricted Funds.

4

MR. LESAUNDRI HUNT:

Well, I will -- wait a

5

minute.

I'm reserved as the Speaker to do what I'm

6

going to do, but I'm going to relinquish the chair to

7

Mr. Maiden for a minute or two.

8

you come to the podium, please?

Mr. Maiden, would

9

(Mr. William Maiden took the podium as

10

acting Speaker.)

11

MR. WILLIAM MAIDEN:

12

open up the floor.

13

to make a comment.

14

As vice-chairman, I will

I think Mr. Lesaundri would like

MR. LESAUNDRI HUNT:

I have a problem with it as

15

a resolution.

I would like to recommend that it go

16

back to committee and it be put in the form of an

17

ordinance before brought back to the council.

18

MR. BILL BREWINGTON:

I second that.

19

MR. WILLIAM MAIDEN:

Okay.

That would have to

20

be put in as a substitute motion as there's already a

21

motion on the floor.

22

23

MR. LESAUNDRI HUNT:

I offer it as a substitute

motion.

24

MR. TERRY HUNT:

Second.

25

MR. WILLIAM MAIDEN:

Mr. Lesaundri has made a

44

1

substitute motion.

2

Discussion?

Mr. Terry has the second.

The floor is open.

3

MS. ANITA HAMMONDS BLANKS:

4

MR. WILLIAM MAIDEN:

5

MS. ANITA HAMMONDS BLANKS:

Mr. Speaker?

Ms. Anita?

The reason this is

6

done as a resolution is because the funds are already

7

sitting in the budget.

8

earmarking them for that specific purpose as we

9

discussed in finance meetings, previous meetings.

10

didn't just come up with this.

11

earmarking those funds for the board of elections,

12

and in a resolution, we could vote tonight it's

13

effective, but quite frankly, if you do it in the

14

form of an ordinance, it has to go back to -- taken

15

back to committee, and it then has to go to the

16

chairman for him to vote on it, and quite frankly, we

17

have not had the greatest success in getting things

18

filled with the current chairman, and quite frankly,

19

when we did the initial budget, we didn't know we

20

were going to have a new chairman, and we put those

21

funds there for the purpose of giving the tribal

22

council some power in dealing with funds considering

23

the situations we are in now.

24

who -- they can't even hire a clerk because they

25

don't have funds, and that was the purpose of this in

We are just basically

We

We talked about

The board of elections

45

1

dealing with it as a resolution is so the tribal

2

council can handle those responsibilities.

3

4

5

MR. WILLIAM MAIDEN:

substitute motion.

I have one against the

Mr. Townsend?

MR. LARRY TOWNSEND:

Mr. Chairman, there's

6

information that's very, very, very germane to what

7

we're talking about, and to do this here is to

8

circumvent a court case, and to circumvent the power

9

given to the chairman by the power of the

10

constitution, the tribal council can not move money,

11

and it was known that the tribal council could not

12

move money by a resolution.

13

It's got to come from an ordinance, request, or

14

from the chairman himself, and whatever reason -- for

15

whatever reason you can just go on and on and on with

16

many reasons, but there's a purpose for what the

17

court is saying and what the constitution is saying

18

and the power carries with it this court case to

19

know, and ignorance of the law is no excuse.

20

only put money through -- you can not move money

21

through a resolution, and the court has ruled on

22

this, and the court has said that budget oversights

23

do not give the council authority to direct where or

24

with whom the tribal chairman can inspect -- spend

25

money after the council enacts the budget, nor do

You can

46

1

they give the tribal council authority of prior

2

approval before expenditures are made.

3

So what we're getting into here is the same

4

thing from two years ago, legislation trying to pass

5

or legislation being passed that is the wrongest

6

legislation, that is binding on future tribal

7

councils, and when the court has ruled on this very

8

matter, then I think we need to adhere to what the

9

court is saying, and to do anything other than what

10

the speaker here has said is very circumventing the

11

law, the constitution, and it's got to go back to the

12

tribal council, and the chairman's got to initiate

13

it, whoever the chairman is, and I think -- I don't

14

want to tie another chairman's hands on something

15

that somebody's trying to push because you don't know

16

where -- you don't know what a few weeks are going to

17

bring, but we do know we have a chairman, and we have

18

a chairman-elect, and we have a chairman, and we know

19

we're going to have continuity.

20

MR. WILLIAM MAIDEN:

21

That's your time.

Townsend, you are in favor of the substitute motion?

22

MR. LARRY TOWNSEND:

Absolutely.

23

MR. WILLIAM MAIDEN:

Okay.

24

25

Mr.

I'll hear another.

Are you in favor or opposed, Mr. Terry?

MR. TERRY HUNT:

I have a comment.

47

1

MR. WILLIAM MAIDEN:

2

substitute motion or opposed?

3

MR. TERRY HUNT:

4

MR. WILLIAM MAIDEN:

5

Are you in favor of the

(Nonverbal response.)

If you're in favor, make

your statement.

6

MR. TERRY HUNT:

The only statement I have is

7

like I said, the court has ruled, and that's going to

8

hold us in contempt of court, and I don't want to be

9

in contempt of court.

10

11

I respect our court.

MR. WILLIAM MAIDEN:

if there's one.

I'll hear one more against

If not,--

12

MS. ANITA HAMMONDS BLANKS:

13

MR. WILLIAM MAIDEN:

14

MS. ANITA HAMMONDS BLANKS:

Mr. Speaker?

Yes?

In using the court

15

case in this situation, the problem is when we do a

16

budget, we designate the funds to go to attorney

17

fees.

18

tell these lawyers to pay, to give a job to.

19

can't do that.

These funds are different.

These

20

funds are sitting under the tribal council.

These

21

are for the expenses determined to be used however

22

the tribal council deems it appropriate, so you know,

23

the chairman can't come in here an say, well, guys,

24

you can't spend that money under your prevue.

25

doesn't have that authority because we designated

We can't tell them if we spend -- we can't

We

He

48

1

them specifically for the use of the tribal council,

2

and we say we want to take them and go to Las Vegas,

3

we can take them and go to Las Vegas because they're

4

sitting under our prevue by the same reason that he

5

is determined on how he spends money in any other

6

categories.

7

8

MR. WILLIAM MAIDEN:

and two in favor.

9

10

We have two opposed

I'm calling for the motion --

MR. BILL BREWINGTON:

You let Ms. Anita speak

twice.

11

MR. WILLIAM MAIDEN:

12

opposing.

13

2-2.

14

motion again?

15

Okay.

That's because she was

We needed two opposed and two in favor,

Mr. Lesaundri, would you state your substitute

MR. LESAUNDRI HUNT:

My substitute motion is to

16

refer it back to committee and it be put in form of

17

an ordinance and, in my opinion,-- not my opinion,

18

but my reason for doing this is a resolution is a

19

suggestion, these ordinances are law, so that is my

20

purpose for doing that, and I agree.

21

the chairman signed the budget as it was, so that the

22

budget was passed.

23

I'd like to put some teeth in it.

24

25

If feel like

I partially agree with Ms. Anita.

MR. WILLIAM MAIDEN:

Is there a second to this

substitute motion?

49

1

MR. JONATHAN LOCKLEAR:

Second.

2

MR. WILLIAM MAIDEN:

Mr. Bill?

3

MR. BILL BREWINGTON:

Folks, if the money's

4

needed, the money's there, but the process is wrong.

5

We approved the budget on line item 4115 under 737,

6

it comes out to $183,000.

7

of the tribal council, but after the budget is

8

approved, and you all know I'm telling the truth, all

9

money spent must go through the chairman.

10

sure our new chairman-elect will work with us and

11

allow us to use this money we got, but it must go

12

through the chairman.

13

right to spend money or allocate money without the

14

chairman once we approve that budget.

15

Part of that 737 is part

I'm pretty

We don't have time or have the

You're going totally against your own process.

16

How do we expect the new chairman-elect to follow

17

procedure if we don't follow procedure?

18

has been approved.

19

hands.

20

The budget is in the chairman's

Let's show him that we can do what's right.

MR. WILLIAM MAIDEN:

We're going to do a roll

21

call vote.

22

substitute motion that's on the floor?

23

24

25

The budget

Are you all understanding the motion? the

MR. BILL BREWINGTON:

Please repeat one more

MR. WILLIAM MAIDEN:

Sir?

time.

50

1

2

3

4

5

MR. BILL BREWINGTON:

Please repeat it one more

MR. WILLIAM MAIDEN:

Mr. Lesaundri, they're

time.

asking for a repeat of the motion.

MR. LESAUNDRI HUNT:

My substitute motion is

6

that we send it back to the appropriate committee,

7

and we put it in the form of an ordinance before it's

8

brought back to the council.

9

MR. WILLIAM MAIDEN:

10

motion?

11

sorry.

Everybody understand the

Ms. Janie, roll call vote.

Ms. Jan, I'm

12

MS. JAN LOWERY:

Evan Davenport?

13

MR. EVAN DAVENPORT:

14

MS. JAN LOWERY:

Terry Hunt?

15

MR. TERRY HUNT:

Yes.

16

MS. JAN LOWERY:

Janie Oxendine McFarland?

17

MS. JANIE MCFARLAND:

18

MS. JAN LOWERY:

19

MR. LESAUNDRI HUNT:

20

MS. JAN LOWERY:

21

MR. ALTON LOCKLEAR:

22

MS. JAN LOWERY:

23

MR. JONATHAN LOCKLEAR:

24

MS. JAN LOWERY:

25

MR. BOBBY OXENDINE:

Pass.

Yes.

Lesaundri Hunt?

Yes.

Alton Locklear?

Yes.

Jonathan Locklear?

Yes.

Bobby Oxendine?

Yes.

51

1

MS. JAN LOWERY:

2

MR. JARROD LOWERY:

3

MS. JAN LOWERY:

4

MR. LARRY TOWNSEND:

5

MS. JAN LOWERY:

6

MR. DOUGLAS LOCKLEAR:

7

MS. JAN LOWERY:

8

yes.

Jarrod Lowery?

Yes.

Larry Townsend?

Yes.

Douglas Locklear?

Yes.

Robert Chavis?

Jan Lowery,

Bill Brewington?

9

MR. BILL BREWINGTON:

Yes.

10

MS. JAN LOWERY:

11

MR. DANIEL JONES:

12

MS. JAN LOWERY:

13

MS. ANITA HAMMONDS BLANKS:

14

MS. JAN LOWERY:

15

MR. TERRY COLLINS:

16

MS. JAN LOWERY:

17

MR. FRANK COOPER:

18

MS. JAN LOWERY:

19

MS. AREATHA PATTERSON:

20

MS. JAN LOWERY:

21

MR. SHELLEY STRICKLAND:

22

MS. JAN LOWERY:

23

MR. WILLIAM MAIDEN:

24

MS. JAN LOWERY:

25

MR. HOMER FIELDS:

Daniel Jones?

Yes.

Anita Hammonds Blanks?

No.

Terry Collins?

Yes.

Frank Cooper?

Yes.

Areatha Patterson?

Yes.

Shelley Strickland?

Yes.

William Maiden?

Yes.

Homer Fields?

Yes.

52

1

MS. JAN LOWERY:

Carries.

2

MR. WILLIAM MAIDEN:

Substitute motion carried,

3

so we carry it back to committee for further review

4

and study, and I will relinquish the chair back to

5

the speaker at this time.

6

(Mr. Lesaundri Hunt resumed his duties as

7

Speaker.)

8

MR. LESAUNDRI HUNT:

Thank you, Mr. Maiden.

9

Next on our agenda is the administrator report.

10

guess Ms. Belinda's going to do that.

11

funny.

12

administrator's not here.

13

calendars out.

I

That was a

We've already stated the reason why the

14

(Pause.)

15

MR. LESAUNDRI HUNT:

Okay.

If we could have

16

your attention.

17

attention in our count concerning the veterans that

18

we announced that there was 12 vote no, which was

19

actually 13.

20

21

22

Okay.

If you would get your

MS. JAN LOWERY:

It was brought to our

Janie abstained and I forgot to

add hers.

MR. LESAUNDRI HUNT:

So we were making sure of

23

that before we make the announcement, so it doesn't

24

change anything.

25

back to committee.

It just goes from 12 to 13 to go

Okay.

It goes back to committee

53

1

which was the way we voted.

2

already have some items that's on your calendar.

3

there anything that's not on the December calendar

4

that needs to be on there.

5

MR. BOBBY OXENDINE:

In your calendars, we

Is

Mr. Bobby?

Yes, sir.

December 30th is

6

the opening for the community building, District 5.

7

It will be at 11:00, 11 a.m.

8

invitation in front of you, so you're cordially

9

invited.

10

MR. LESAUNDRI HUNT:

You should have an

Okay.

District 5 -- and

11

you do have that in your envelope.

Also to the

12

council, there will be seating arrangement at GPAC at

13

the swearing in.

14

before you asking the number of people that will be

15

attending with you for seating arrangements.

16

Belinda would like to know that tonight.

17

could possibly give her that information tonight.

You have a letter or a leaflet

18

MS. BELINDA BREWER:

19

sheet and give it back to me.

20

MR. LESAUNDRI HUNT:

Ms.

If you

If you could fill out that

Ms. Pearlene is on the

21

committee with the tribal chairman-elect.

Ms.

22

Pearlene, is there any more information that needs to

23

be given out at this time?

24

The swearing in begins at 6:00.

25

5:00 or as soon as you can.

You mentioned portraits.

Please be there at

Mark will be taking some

54

1

pictures.

There will be some other photographers

2

there.

3

later date.

We will do an entire council picture at a

Ms. Belinda, is that what we said?

4

MS. BELINDA BREWER:

Yeah.

5

MR. LESAUNDRI HUNT:

And the portrait that will

6

hang in the foyer.

7

Is that what you talked about?

MS. BELINDA BREWER:

8

meeting.

9

do or what.

10

I had discussed that at the

I didn't know what you guys were going to

MR. LESAUNDRI HUNT:

You and I talked about it,

11

and we said we'd do those not at the swearing in

12

ceremony itself, especially the group picture.

13

everyone's there, you can get an individual picture,

14

but the group picture will be done at a later date.

15

Last year, I think it was done after the swearing in,

16

not that same night, but at a later date.

17

because I was called at home and asked to be here at

18

such a time.

19

If

Okay --

Anything else?

MR. ALTON LOCKLEAR:

I was under the impression

20

that the Christmas party was at Boondocks; is that

21

correct?

The tribal office Christmas party.

22

MR. WILLIAM MAIDEN:

That's next Wednesday.

23

MR. ALTON LOCKLEAR:

Is the council invited to

24

25

that?

MR. BILLY HUNT:

Next Wednesday from 12-2 at the

55

1

boys and girls club.

2

3

MR. ALTON LOCKLEAR:

I was confused.

I thought

it was going to be at Boondocks Restaurant.

4

MR. LESAUNDRI HUNT:

Okay.

We can get back to

5

the calendar.

Community building on December 30th,

6

and Billy said December 28th we'll be closed, but

7

there will be a supreme court hearing; is that right?

8

MR. BILLY HUNT:

That's correct.

9

MR. LESAUNDRI HUNT:

So if it's locked, it will

10

be on the outside.

Mr. Billy will take care of that.

11

Okay.

12

be closed.

13

the chairman-elect and the council members.

14

18th on our calendar, our office will be closed for

15

Martin Luther King holiday.

16

meeting will be January 21st.

17

MR. LARRY TOWNSEND:

The first is New Year's Day, the office will

The swearing in will be January 7th of

On the

Next tribal council

Mr. Speaker, any word yet

18

-- is anything emerged yet about the council to

19

organize anything they want to do for next year?

20

that been talked about or come to the table?

Has

21

MR. LESAUNDRI HUNT:

You mean for orientation?

22

MR. LARRY TOWNSEND:

Yeah.

23

MR. LESAUNDRI HUNT:

We had been in discussion,

24

but we hadn't had anything come yet, but we are

25

discussing the orientation for the new council, which

56

1

according to our rules, should be done within 15 days

2

after the swearing in unless otherwise decided by the

3

council.

4

our rules, but if it's -- unless we change it, that's

5

what the rule is.

6

calendar?

That's not written in stone according to

Okay.

7

MR. WILLIAM MAIDEN:

8

MS. JAN LOWERY:

Anything else on the

Move to adjourn.

I wanted to remind all of the

9

council members of the meeting Friday night on the

10

health strategic plan report that the health

11

committee had designed that was given, so you're

12

welcome to come.

13

you'll hear a report from myself and Dr. Cherry

14

Beasley about the outcome of the two-and-a-half day

15

workshop.

16

Express.

We're going to feed everybody, and

That starts at 6:00 at the Holiday Inn

17

MR. LESAUNDRI HUNT:

Okay.

Mr. Evan?

18

MR. EVAN DAVENPORT:

I just want to make a

19

comment.

This will actually be my last council

20

meeting.

I'll give Ms. Swett and Mr. Harvey, our

21

chairman-elect -- I want to give you a challenge.

22

Get something in District 1.

23

District 1.

24

years, but get something in District 1.

25

challenge is be your own person, be your own person.

Get something in

This council's heard me preach for three

The other

57

1

Think for yourself.

Don't let anyone influence you.

2

You're going to have friends that come up, and people

3

aren't going to like it, but be yourself.

4

influence and do the right things for the folks in

5

District 1 -- and again, congratulations.

Have an

6

MR. LESAUNDRI HUNT:

Okay.

Mr. Townsend?

7

MR. LARRY TOWNSEND:

To update you in case you

8

haven't heard, two very important things have

9

transpired, and one really today.

10

last Thursday about 4:30, 4:00.

11

secretary of the Bureau of Indian Affairs is

12

resigning.

13

that position, we have friend in there now, and he's

14

stepping down January 1st.

15

Mexico.

16

Congress of American Indians to contact their

17

representatives for a hearing that was held on

18

Wednesday of last week, and the hearing was to move

19

the recognition process from the BIA to the

20

Department of Interior in the Congress.

21

I got an email

The assistant

I believe if we've ever had a friend in

He's going back to New

Number two, we were asked by the National

They passed a rider in the House to not fund the

22

federal recognition process, and I found out late

23

yesterday that it went under the Senate, and the

24

Senate has put together their part of the bill.

25

took the rider off of the funding of federal

They

58

1

recognition process, so it looks like tomorrow

2

Congress will vote to fund the bill through September

3

of next year, so there's a lot of things up in the

4

air, and there's many things we're going to be faced

5

with Indian country, and we have to be very diligent,

6

and if you're not at the table, you're on the menu.

7

Thank you.

8

9

MR. LESAUNDRI HUNT:

Okay.

I think I heard a

motion to adjourn.

10

MR. JONATHAN LOCKLEAR:

11

MR. LESAUNDRI HUNT:

12

not, would you stand with us?

13

in prayer.

Second.

Is there anything else?

If

Let us go to the Lord

14

(A prayer was given by Mr. Lesaundri Hunt.)

15

(End of proceedings.)

16

17

18

19

20

21

22

23

24

25

59

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.