LUMBEE TRIBE OF NORTH CAROLINA
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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
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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
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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.