DRAFT Meeting Notes of the Fall General Council (2009)

DRAFT Meeting Notes of the Fall General Council

Page 1

Nez Perce Tribe

Fall General Council

September 24, 25, 26, 2009

Kamiah Idaho

Meeting called to order at 9:00 am, by Chairman Jennifer Oatman. Invocation by NPTEC

Chaplin Julia Davis-Wheeler. Flag song by Lightening Creek. Flags brought in by Samuel

Penney, Delbert Ellenwood, and Walt Broncheau.

1. House Rules – Motion Made by Marilyn Bowen to approve the House Rules; Seconded by

Lee Borgeau; Motion Carried

2. Agenda – Motion Made by Julia Davis-Wheeler to approve the Agenda, Seconded by

Bernice Moffett; Motion Carried

Subsidiary Motion Made by Scherri Greene to amend the agenda on Friday at 2:00 pm to include

the 2010 Census, Seconded by Kay Kidder; Motion Carried

3. Minutes – Motion Made by Kay Kidder to approve the minutes from May 2009; Seconded by

Julia Davis-Wheeler; Motion Carried.

Discussion:

Kay Kidder - Good to see the full report with discussion. I’m not sure if the General Council

itself has guidelines to standardize how we report to the General Council from here on out. If we

keep this format, can we have the motions from the floor highlighted within the document?

4. Resolutions Committee Report - Mary TallBull & Betty Kinzer gave report and went over

the list of concerns provided to NPTEC in June with responses. Copies are being made and will

be available on the tables.

Discussion:

Mary Jane Souther - I didn’t get the full report until just now. I would like to speak to the

children comments. I’ve worked with children for many years with Indian Child Welfare. At

that time we had no Law and Order Code. We did work closely with Social Services. When we

did pick up a child we wrote up a plan on how to reunify the family. There has been separation

with our children placed at the Children’s Home because they are being told to have no

communication with their families. We need to have an investigation on the Children’s Home.

What is the protocol? If we don’t start stabilizing our families we are abusing them. I do hope

that through the Resolution Committee there is an investigation on why it isn’t working the way

it should be.

Bernice Moffett - I have been concerned about the same situation that was brought up regarding

the Children’s Home. The whole intent of ICWA is to put families back together. There are a

lot of steps to ICWA you can’t make flat decisions.

Kay Kidder - I don’t know if the Resolution process is working. I’ve just heard the report with

items of merit. Are there solutions generated? What is it that we can do create solutions? As a

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governmental entity we were required to have our reports printed and ready for the General

Council.

Mary Tall Bull – Resolutions does have By-Laws. After the meetings we do have work sessions

to review the items presented to Resolutions. We vote and by majority vote decide how things

will proceed. We do attempt to address every concern. We don’t ignore people. If we can make

contact we do. In regards to the report, for printing, we haven’t been able to work on this sort of

things. We are missing some of our stuff like badges, and other things. We just got our

responses from NPTEC last night and Betty got her response Wednesday.

Susie Weaskus - I’d like to see the Resolutions Committee take this one step further and develop

resolutions to the NPTEC. I agree with Mary Jane Souther, I worked for 15 years with service

programs. First thing that should be done is to find a family member to take the children. ICWA

is for non-Indians we are a sovereign nation.

Pat Pablo - I lost children through adoption. This is not a Resolutions problem but it is a Social

Program. I do have contact with the children and have a relationship with them now but this is a

little late coming up.

Motion Made by Mary Jane Souther to accept the Resolution Committee report; Seconded by

Dallon Wheeler; Motion Carried

5. General Council Officer Elections

6. The floor is now open for nominations for Chairman

Bernice Moffett nominates Maple Stuvienga, Declines

Sylvia Mitchell nominates Jennifer Oatman, Accepts but then Withdraws

Mary TallBull nominates Carla Timentwa, Accepts

Mary Jane Souther, nominates Allen Slickpoo Jr, Not Presnet.

Motion Made by Jennifer Oatman to accept Carla Timentwa by Acclimation; Seconded by

Bernice Moffett; Motion Carried

7. The floor is now open for Secretary

Bernice Moffett nominates Maple Stuivenga - Accepts

Kay Kidder nominates Danae Wilson - Accepts

Motion Made by Julia Davis-Wheeler nomination cease; Seconded by Robert Kipp; Motion

Carried

Discussion: Included voting is done by show of hands for this position rather than secret ballot.

Other comments included that vote by show of hands prevents some from voting due to

emotions.

First vote taken by show of hands resulted in an invalid vote due to tellers double counting

sections. Another vote was called for by Chairman Timentwa.

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Results - Maple Stuivenga 52; Danae Wilson 36

8. Floor is open for 1st position of Resolutions committee

Jenny Oatman nominated Paula Moody – Accepts

Robert Kipp nominates Mary Tall Bull – Accepts

Motion Made to cease nominations by Bill Picard; seconded by Julia Wheeler; Motion Carried.

Results - Paula Moody 61; Mary Tall Bull 37; Invalids 2; 100 votes cast

9. Floor is open for 2nd position of Resolutions Committee

Jenny Oatman nominates Stacey Cash Cash – Accepts

Sandy Davis-Warden nominates Mary Tall Bull – Acceepts

Motion Made by OJ Watters that remaining resolution positions vote by show of hands and

election judges by secret ballot; Seconded by Constance Watters; Motion Failed.

Constance Watters made motion to cease nominations; Seconded by Robert Kipp; Motion

Carried.

Results – Stacey Cash Cash 73; Mary Tall Bull 36; Invalids 2 – 111 votes cast

10. Floor is open for the 3rd position of Resolutions Committee

Danae Wilson nominate Jamie Five Crows - Accepts

Bruce Lawarence nominates Leslie Randall - Accepts

Motion Made by Danae Wilson that nominations cease; seconded by Bill Picard; Motion Carried

Concern that elders don’t know who some of the elders don’t know the younger people

nominated. Those nominated for 3rd position introduce themselves.

Results – Jamie Five Crows 59; Leslie Randall 52; Invalids 2 – 113 votes cast

11. Floor is open for the 4th position of the Resolutions Committee

Jennie Oatman nominates Marci Bailey – accepts

Bruce Lawrence Nominates Leslie Randall – declines

Robert Kipp nominates Betty Kinzer – accepts

Motion Made by Robert Kipp that nominations cease; Seconded by Julia Davis-Wheeler; Motion

Carried

Results - Marci Bailey 76; Betty Kinzer 39; Invalids 7 – 122 votes cast

Mary Jane Souther acknowledges Wilfred Scott as NPTEC member

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Tonia Garcia gave update on her son who was shot; he’s coming home on Saturday. She thanks

everyone for their prayers and support.

12. Motion Made by Sara Sedgwick to recess for lunch and return to agenda at 1:00 pm;

Seconded by Della Wheeler; Motion Carried.

Recessed for lunch at 12:00 pm

Reconvene – called back to order at 1:16 pm

13. Floor open for nominations for Election Judge Seat 1

Jenny Oatman nominates Melissa King.

With no further nominations Motion Made by Danae Wilson that nominations cease and accept

Melissa King by acclimation; Seconded by Jenny Oatman; Motion Carried.

14. Floor open for nominations for Election Judge Seat 2

Jenny Oatman nominates Feather Broncheau – Accepts

Autumn Lawyer nominates Del Rae Kipp – Accepts

Motion Made by Danae Wilson nominations cease; Seconded by Lee Borgeau; Motion Carried.

Results – Feather Broncheau 52; Del Rae Kipp 47; Invalids 2 – Total votes cast 100

15. Floor is open for nominations to Election Judge Seat 3

Feather Broncheau nominates Del Rae Kipp – accepts

Sylvia Mitchell nominates Mazie Daniels – accepts

Motion Made by Danae Wilson that nominations cease; Seconded by Bernice Moffett; Motion

Carried.

Results – Del Rae Kipp 64; Mazie Daniels 56; Invalids 3 – Total votes cast 123.

16. Cultural Arts - Dave Penney and Lee Borgeau gave a presentation on the use of tulle-mats.

A tulle mat was presented to NPTEC members on behalf of the Lapwai school district.

Chairman Penney thanked the school district and the students on preserving their cultural crafts.

17. NPTEC Reports

18. Chairman’s Report - Chairman Samuel N. Penney directed the General Council to his

reported provided to the General Council and read the report. (see Chairman’s report)

The Chairman further reported on other committee meetings regarding education; discussed

various needs of the colleges and universities in serving our students. They help to work toward

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meeting the needs of the students. Also working toward retaining current and future Native

American staff at the universities and college.

October 20-29 will attend a meeting in Minneapolis on law and order issues on the reservations.

They will address issues in Tribal communities in all aspects of law and civil rights issues.

19. Treasurer’s Report - Joel Moffett, Treasurer. A portion of the report will be turned over to

the representative from Moss Adams Accounting Firm to report on the enterprises budget. (see

Treasurer’s report)

Motion made by Mary Jane Souther to go into executive session for report from Moss Adams

Accounting; Seconded by Marilyn Bowen; Motion Carried.

Discussion:

Kathy Taylor – ask that Thomas Rickman and Fred Clark to remain in the meeting since they are

from Enterprise Budget and Finance Office.

Joel Moffett will finish his treasurer’s report before going into executive session.

In Executive Session at 2:25

20. Mr. Jeff Oka. Moss, Senior Manager, Spokane Office of Adams Accounting Firm

Motion Made by Lee Borgeau to come out of executive session; Seconded by OJ Watters;

Vote - 57 Yes; 25 No; Motion Carried.

Out of Executive Session at 4:35

Motion by OJ Watters to accept NPTEC Reports; Second by Lee Borgeau; Motion Carried

Motion made by MJ Souther to recess for the day and continue with State and Federal Agencies

in the morning; Second Tony Johnson; Motion Carried

Discussion:

Rebecca Miles – against the motion. The federal officials are hard to schedule and we need to

hear their reports.

Bernice Moffett – against the motion. Stated that General Council used to run until all business

is concluded.

Meeting recessed at 4:40 pm

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Nez Perce Tribe

Fall General Council

Friday, September 25, 2009

Quorum Present – Meeting called to order at 8:42 am by Chairman Carla Timentwa. Opening

prayer presented by Constance Watters.

21. State and Federal Agencies Reports

Nez Perce National Historic Trail Administrator – Sandi McFarland (see report)

Vacant Public Affairs position was filled by Roger Peterson who has 21 years experience with

FS. His office will be located in Missoula MT and Sandi’s position will also be located in

Missoula in the future.

Several Challenge Cost Share projects have been completed. The Nez Perce Trail Foundation,

Annual Meeting will be held October 9, 2009.

Nez Perce National Historic Park, Spalding – Scott Eckberg (see report)

Report included park purpose and historical facts to formation of the park; Goals and objectives

now and for the future; Activities and accomplishments both locally at Spalding Park and other

visitor centers and culturally sensitive sites; upcoming personnel changes; Fiscal management of

the National Park Service budget for FY 2009; Upcoming meetings and events for the 2009

calendar year; and provided contact information including phone numbers and email addresses.

Forest Service Tribal Liaison - Christine Bradbury

− Forests covered by the Liaison are the Clearwater, Nez Perce, and Payette National Forest.

− Introduced Sara Crump, Tribal Liaison on the Wallowa Whitman; Sara is new on to the job

and looks forward to working with the Nez Perce Tribe. Also introduced Monte Jujishin,

Pomeroy Ranger District.

− Completed the Musselshell Fence project; work was completed in cooperation with the Nez

Perce Tribe

− Watershed Restoration on the South Fork Clearwater; funds provided by the Tribe. Funding

and employees were provided by the Tribe.

− Payette National Forest analysis to protect the Big Horn Sheep; draft analysis has been sent

out and received 14,000 comments. Comments range from protection of the wild sheep and

protection of the domestic sheep. Final analysis planned to completed by the fall.

− Natural Resources Inter-Tribal Youth Camp – 5 National Forests and 5 Tribes are involved in

this camp. The week long camp is designed to introduce youth to careers in Natural

Resources.

− Personnel – Tom Reilly, Forest Supervisor for the Clearwater and Nez Perce National Forests

has retired. Rick Brazel, Forest Supervisor from the Colville National Forest was selected to

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fill behind Reilly. Rick will begin on October 15. He plans to travel to Lapwai to meet

NPTEC as one of his first orders of business.

− Regional Forester Tom Tidwell was appointed as Chief of the Forest Service. A new

Regional Forester has been named.

Lochsa Land Exchange – Comment forms were handed out and comments can to be turned in to

the Tribe’s cultural department. Proposed Lochsa land exchange is proposed to exchange lands

in the Idaho Panhandle, Clearwater and Nez Perce National Forests for the private ownership in

the checkerboard area in the upper Lochsa region. In 2005, Western Pacific Timber purchased

the private land in the checkerboard. This area and the land exchange are important because of

treaty rights, watershed, fisheries, wildlife and other resource management. Management

concerns include but are not limed to fire protection in the due to private ownership. Fire can be

used for natural resource benefits, but due to private ownership it cannot be allowed to burn.

Why it is important to acquire the lands; possible building of homes or other development on

private; management challenges in restoration and ridge top to ridge top restoration. Western

Pacific contacted the Forest Service to exchange lands. Feasibility analysis was done to

determine if there were enough lands available to trade. Proposed lands to trade are within the

Idaho Panhandle; Clearwater lands proposed are on the Palouse Ranger District; and the Nez

Perce National Forest block of land around Elk City. Timeline – Draft NEPA March 2010; Issue

Decision September 2010; Cultural resource analysis is on-going. Need to hear from individuals

and Tribe to complete the analysis.

Bureau of Indian Affairs - Greg Lafranz

− Taking a pro-active change in the operation of the BIA

− Some duties for probate of wills are being moved to the Portland Office

− Recent policy change has affected lease payments. Letters were sent to farmers and

granaries regarding payment process.

− Reviewed the duties and responsibilities of the Director, Deputy Director, and Regional

Directors of the BIA.

Natural Resource Conservation Service - Roger Peterson

− Came to introduce himself and covered possible services available to land owners

− The NRCS does not have a land base they manage but rather do natural resource work on

private lands within Idaho.

− They do watershed restoration work for water quality, wildlife habitat, and other resource

benefits.

− Have offices in Orofino, Lewiston, Grangeville, and Nez Perce, Idaho.

− NRCS works with departments within the Nez Perce Tribe and other Federal Governments.

Motion Made by Danae Wilson to accept and excuse the panel; Seconded by Ann McCormack;

Motion Carried

Discussion:

Eric Holt – Against the motion - there are important issues that need to be addressed by the

General Council with this panel.

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22. Public/Private Sector Reports

Rebecca Miles, Executive Director

− First day on the job was August 17

− September 14, Deputy Director Wendy Thomas started phasing out the admin director

position and replacing it with the Deputy

− SRBA funds dedicated to the Long House; cedar poles have been purchased and been

delivered. Solicitation is out to accept bids for the design and building of the long house.

This has been a long awaited event that Horace Axtell has wanted to see to completion

− Appaloosa Express has grown and will be fully staffed and in the future have a Director and

Planner for Appaloosa Transit. Have a $500,000 grant from government and allocation from

Tribe. Have approximately a 1 million dollar budge.

− Emergency Preparedness – emergency and response plan in place with some trained people.

H1N1 is top concern at the time. The organization needs an assessment of sick leave to have

a baseline for comparison. A component of the plan is not to come to work sick. Have staff

engage with local health agencies to know when there is a risk. Plan to address no retaliation

for staying home sick.

− Finance – Software change to Springbrook Finance Software package that will include

finance, payroll, HR, records keeping, etc. Key personnel are involved with the Springbrook

Company to obtain information needed to startup. Springbrook representative will come in

October to give a presentation on the suite of programs provided within the package.

− Finance manager interviews were held with 9 applicants; down to the top 2 applicants.

Hopefully can make an announcement this week on the selection. Kathy Taylor has been

interim Finance Director.

− Economic Development Planner is Ann McCormack. See pages 31 through 33 of the

General Council reports. Has been serving as the transportation planner. Was involved with

the Economic Summit and will have CD’s available from the Enterprise. Working with

research and development of the enterprises for future projects; working with Tony Johnson

and Lily Kauffman.

− At economic summit there were a lot of presentations on the 1855 Treaty and how we do

business within the treaty. CDFI Plans initiatives help to native communities with economic

development

− Transportation planning – inventory roads update completed. Inventory needed to be

completed to obtain dollars to maintain roads. An Indian Reservation Roads 20 year plan

was completed in July by Della Wheeler.

− Transportation Planner interviews will be started. Have 4 or 5 Nez Perce applicants.

− Education – Education Manager Position approved and will be advertised. They will handle

all education issues for the Tribe.

− Information Systems – Provide broadband service to the entire reservation. Contract

approved in July but was rescinded and now contracted with FirstStep to provide internet

service. Danae Wilson has been the lead on all aspects of information systems.

− Radio Station – Budget has been reduced. Frequency has been purchased and this is the last

year that we can use the freq. Infrastructure of the station needs to be put in place first and

will start with a grant writer. This is a future project. Needed matching funds to keep

frequency.

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− Software for NPTEC – meeting management software for conducting meeting with real time

voting. Credit goes to Danae, Joel, and Joanna Merek. Access to NPTEC meeting can be

provided live to Tribal members.

− Strategic Plan – NPTEC adopted a plan on March 2009; provided drafts to General Council

in past. Keep the focus in the management and NPTEC to “not leave the people behind” as

stated by James Lawyer. Julia Wheeler pushed to keep it on the agenda within the NPTEC

meetings to discuss.

− Weekly managers meetings are being established. There is a gap and miscommunication

between the managers and NPTEC. Meetings are crucial to measure and benchmark projects

and to be accountable for tasks and projects. This is an opportunity to let NPTEC know

what’s going on in your departments and bring to their attention key issues. Bring work of

the Tribe back to being service oriented. Make accountability to NPTEC and the General

Council more measurable and reportable.

− Census 2010 – stop by booth outside. Funding that States and Tribes receive are often

directly tied to the Census.

Mary Beth Frank, Enterprise Executive Officer

− Enterprise report was prepared in newspaper style as it was last year

− Have served 19 months as interim Executive Officer; permanent EO should be announced

soon. As Interim there have been challenges and changes to accomplish – as title of first

article in paper “If there is No Stuggle, There is No Progress!”

− Human Resources – hired a Human Resource Manager, Debbie Henry. Will be working on

retention and streamlining the gaming licenses. Hiring practices are being revised through

the HR Manual and is being reviewed. Benefits specialist was re-advertised and will be

hired.

− In-house training is being offered to increase staff performance in all aspects to succeed.

− Reviewed the number of total employees enrolled Tribal members, other Tribes, and nonIndian; total number of employees has went down from last years report. This also increased

the number of employees who are Nez Perce Tribal enrolled and other native employees.

− Fiscal Condition – hired controller Frank Clark from the Colville. Working with Moss

Adams Firm, spent $170,000 to date on their assistant. Findings from their report are being

resolved and moving forward to decrease number of findings with each audit.

− Local economy and recession has affected the casinos and made the decision to have zero

growth in the organization; did not approve COLA’s; assured that performance appraisals

were being completed and documented for any merit increases.

− Camas Express is the new enterprise added and has been a success.

− Gave an overall view of the costs for the casinos – surveillance and MIS are the major costs

of the casino.

− CCR Patrons comparison from FY 08 and 09 helps to direct the type of marketing strategy

they put in place. Local economy does have an impact to the drop in patrons.

− IYY Patrons drop has been affected by close of businesses and other local economy issues.

− Promotions Funds – FY 09 $56,200 with 18 organizations participating. If you are interested

in accessing promotion funds contact their office.

− Accountability – Hold weekly manager meetings and work closely with the budget and

finance office. Departments report monthly and are provided to NPTEC. Have a Strategic

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Plan in place and follow it. We have also established a 2 year business plan that works in

conjunction with the Strategic Plan.

− Accomplishments – for 2010, be creative but stay within the Strategic Plan and move

forward with future developments. Tony Johnson – draft reports of economic summit are

available. Looking at potential sites for the IYY casino (in idea stage); address it from a

future project; Aht’Wy Plaza development to expand opportunities; Camas Express A&E

planning for the site; Tribal Unit 45 in Orofino to clean up old mill site to put in business (in

brainstorming phase); wholesale distribution and competitive advantages to create economic

viability for the Tribe.

Discussion

Kay Kidder – Believe in vision for future. Why did it take 4 years to build a 2 year strategic

plan? Don’t leave the people behind. Need to have a more service oriented organization for all

businesses and organizations within the Tribe and businesses. There are concerns about service

in casino and restaurant. Good to hear that there will be telecommunications for the Tribes

meetings to Tribal people. Status of Enterprise Officer?

Rebecca Miles – The EO applicants will be interviewed and selection will be announced soon.

The Stategic plan is not viewed or does not mention that the plan is only 2 years. When being

discussed in NPTEC it was viewed as where we will be in 10 to 100 years from now; not viewed

at 2 years.

Mary Jane Souther – TERO was not involved with the Strategic plan. Hopefully they will be

involved with future projects. Concern in TERO with the building of the casino. Have national

issues and hopefully will not be an issue on the reservation.

Rebecca Miles – Managers meetings need to look at the plan and the overall goals that NPTEC

want to accomplishment. TERO is needed in the plan and managers and departments will need

to see how they can use TERO to meet their needs.

Solo Greene – Applaud the work that has been done with the Tribe and Casino. Listening to the

report is that we are headed in the right direction. Rough idea when we will use the software?

Good to hear that telecommunications will be available; will subcommittee agendas be posted on

the website? Radio station can be an educational tool. Should utilize technology and possibly

use SRBA funding. Emergency Management; NMPH need to be a big part of the planning.

Schools also have their emergency plans; need to make sure we are on the same page with all

organizations involved in emergency planning. Strategic Plan; encourage tribe start planning for

the next steps.

Mary Beth Frank – Software system should be on-line within 3 months. It will work with the

accounting system.

Rebecca Miles – Goal to improve pubic relations; access and availability to Tribe; improve

internal communication. Internally communications need to improve, Springbook software will

be helpful. Whole communications is a key. Utilizing local EMS agencies and Nimiipuu Health

in emergency management

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Sara Sedgwick – Weekly manager meetings are a good idea. Senior citizens bus maintenance

and upkeep in a concern regarding reports from seniors about air conditioning and condition of

bus; other or new transportation for seniors is needed. Employees are going to NPTEC with

employee issues and hope that you will hold to HR grievance process.

Rebecca Miles – Gaming allocation increase were due to benefits and COLA. Budgets are

approved through NPTEC and given to Departments by October 1; hoping to stick to budgets

and not go back to NPTEC for other funding. When funding has ran out need to look at how the

funds are used and need. Uncontrollable budget issues such as burial assistance or emergency

assistance. Apologize for bus issue and will look into it.

Marissa Rickman – Employment within the tribe has prospered due to Tribe’s growth in

enterprises; which also prospers individuals within the Tribe. Able to obtain credit and purchase

needed items such as transportation. Glad to see the water at the fountain. Would like to see the

casino employees dressed more professionally. A little improvements would help to make the

business more professional.

RC Oatman – Motion that $1,500 per year match in their 401K be reduced to $250; Seconded by

OJ Water. Motion declared out of order due to non-clarification.

Discussion:

Kathy Taylor – asked to repeat the motion.

Gloria Greene – What is the marketing budget? Appearance of the grounds of other Tribes

Casino’s are kept up. The fence at CRC needs repaired. Appearance of the Casino reflects on

the Tribe. Tribal members who are on-call employees have been there for a long time; when will

they be moved to permanent positions? This reflects on the Tribe as well. Surveillance cameras

are out of order and need to be checked and maintained.

Mary Beth – Promotions budget has increased for FY 2010; don’t have total amount. Dress code

is being revamped for specific dress and standard clothing. 53 or 54 people in maintenance and

at times pull the events people to do repairs. They cover the plaza, casinos, and Camas express.

Some employees have requested to be on-call. Surveillance cameras do get checked for routine

maintenance to stay within compliance.

Recess for lunch at 12:00 pm and return at 1:00 pm with current panel.

Meeting called back to order at 1:05 pm

Private Sector and Enterprises (con’t)

Discussion Continued

OJ Watters – 4000 Nez Perce enrolled and not all have income or retirement; when will you start

distributing from various enterprises annually to enrolled Nez Perce. Not just for one fiscal year

but all years. In various departments of the tribe employees receive matching funds to 401K

DRAFT Meeting Notes of the Fall General Council

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even non-Indians. Reimburse people for loss of this or that, water rights. When will we start

giving to enrolled tribal members? Refers to RC Oatman’s previous motion

Rebecca Miles – within the organization there is a match of $1,500 for all employees in their

401k annually. In the strategic plan goal is to make per capita payments to tribal members and is

up to the NPTEC and Treasurer. Plan B in the Strategic Plan. Congress wrote into the SRBA

that per capita payments cannot be made out of those funds or any interest earned under those

funds. It is approved as a goal to make per capita payments to Tribal members.

Kay Kidder – Is there a reason why other sectors of the Tribe not covered in ED report?

Rebecca – Did not have HR statistics; natural resources are not in the strategic plan. Natural

resource and fisheries report would come from the Natural Rresources Subcommittee.

Motion made by Kathy Taylor to accept the ED and EO reports; Seconded by Lee Borgeau;

Motion Carried.

23. Budge and Finance Subcommittee Chair and Enterprise Board Chair

Enterprise Board Chairman, Bryan Samuels

− Committee members include Cecil Jose, Paul Sherwood, Bill Picard, Leslie Randall, Joel

Moffett, Joanna Marek. Next meeting will be held at the Camas Express.

− Overpass at Ah’tway plaza; working with the Highway Department.

− Economic Summit held September 10-11; brought forward economic issues they will be

addressing.

− Philosophy is to work toward using the strategic plan and finding out where we need to

address issues.

− Meetings held 1st and 3rd Thursday of the month.

− See update in Enterprises General Council News; Volume 1, Issue 2

Chairman to Budget and Finance Committee, Joel Moffett

− Report on page 21-23 of the General Council Report.

− See pages 8 through 11 of General Council reports for investment reports.

Discussion:

Vera Sonneck – Item 14 and 16; how much time do we have for those items. People will be able

to see requests on line; will programs be able to get their requests back the same day.

Joel Moffett – purchase of Wallowa Lake Lodge decision is pushed back until Feb 2010. Turn

around time on resolutions and minutes are not known at this time; but going paperless should

reduce the time for program managers to receive decisions on requests.

OJ Watters – Is there anything in the plans to utilize the source of wind or solar to generate

electricity?

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Bryan Samuels – The Enterprise Board is always looking for people for new ideas. There is

always a possibility; need to find opportunities to look at harnessing energy. Tony Johnson –

alternative to energy is a part of the economic strategy plan.

Bernice Moffett: - Goal 5 of Strategic Goals – have you looked at other tribes who do loans

rather than through local banking.

Joel Moffett – There are other tribes who have capital who are willing to loan to other tribes; we

know they are there and hope that they will step up and give a proposal for loan.

Motion Made by Tess Greene to require the Nez Perce Tribal Gaming Enterprise to provide a

break down of FY 09 and 10 by the next General Council; Seconded Paul Sherwood; Motion

Carried.

Leslie Randall – Tony is looking at the possibility of obtaining loan from other tribes.

Mary TallBull – Expenditures of the Tribe; is bid processes being completed? Assure that

contractors are bonded and guarantee their work. Less than 10 years ago the Wa-a’yas has been

remodeled and there is damage due to leaking roof which damaged the new gym floor. The

contractor has not been called to fix their guaranteed work and the Nez Perce Tribe has footed

the bill by fixing it. Rain gutters installed need repaired and fixed correctly. Advertising

positions within the Tribe?

Motion Made by Mary Tall Bull; General Council Resolution for Fall General Council Meeting.

1. The Nez Perce Tribe will create and/or develop an allocation plan for disbursement of Gaming

Funds. And will include 2 per capita payments of $1,500. 2. That such plan will be completed

within 30 days of the Fall General Council. 3. That such plan will be submitted for approval of

the National Indian Gaming Commission on completion of the allocation plan. 4. The plan will

include disbursement of per capita payment to enrolled tribal members. 5. The first payment

shall be disbursed in form of per capita payment by Friday, December 18, 2009 in the amount of

$1500. 6. A plan for the second payment to be made in the spring of 2010 on or about June 18,

2009 (2010?) and such payment will be in the amount of $1500. Be it further resolved that the

Nez Perce Tribe shall create/develop a plan for future per capita payments with a development

plan to be available to Tribal members at the May 2010 Spring General Council meeting.

Seconded by Elaine Ellenwood. (After discussion and failed subsidiary motion the Motion

Carried)

Discussion:

Robert Kipp – how will this affect other programs that dollars are allocated.

Mary Jane Souther – Do we have the money for a per capita? We are being told we are in the

red and what will it do to our other programs. We are behind in progressing in searching for

grants for programs. Not for or against. Can we afford a per capita?

DRAFT Meeting Notes of the Fall General Council

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Joel Moffett - $3,000 per tribal member would be approximately $10 million. We do have $16

million to have a per capita payment but does deplete 2/3 of what is in the account. It will affect

tribal programs. There would be some sacrifices.

Patricia Pablo – In favor. Put it in a plan for at least 2 years and see how it goes. Other tribes get

per capita’s and it’s frustrating that we don’t get anything. For a limited time we do need some.

Jennifer Oatman – Echo what Mr. Kipp and Ms. Souther; want it to be done responsible and

approach it knowing what our risks are. Don’t over promise.

OJ Watters – See how it goes then decide; and before the allocation of the NPTEC Budget.

Allen Pinkham – Opposed – for seniors who need it that’s ok but not for any working adults.

Elaine Ellenwood – In Favor. The casinos are there to help the people.

Vera Sonneck – Could we look at the 638 funds again. Are those funds being used in the right

places? If we had more of those funds then I would not be looking at allocation

Subsidiary Motion Made by Danae Wilson – Refer the resolution for per capita to the May

General Council with options provided to General Council with impacts of the full per capita on

our enterprises; and that the full $10.2 million be put in an interest bearing account for the future

per capita payments. (After discussion the motion was defeated.)

Discussion on Subsidiary Motion:

Mary Jane Souther – opposed to the subsidiary motion because the treasurer already said it

would deplete the account.

Elliot Moffett – Does not want to see per capita payments seen as handouts.

Joel – Bid process; if it is a sole source contract it has to come to the table to see if there were

any other viable bids.

Elaine Ellenwood – Against the subsidiary motion because the treasurer already said the funds

are there.

Paul Sherwood – In favor – Leave our balances until we know the impacts.

OJ Watters – Against – Various programs have been pulling funds rather than finding grants to

fund their programs. Funds used for budgets do not go to the full members

June Stewart – Against – For years we have talked about having a per capita and it is always

pushed to the back burner. A lot of people don’t have jobs and we should receive from the

casinos. Programs should find their funding.

DRAFT Meeting Notes of the Fall General Council

Page 15

Mary Tall Bull – Against - the main motion says that a payment will be paid in December and

then looked at in the May General Council

Dane Wilson – Treasurers report is drawing funds from the gaming allocation; if we are looking

at taking those funds see how they affect the programs; and let’s build a sustainable fund.

Motion Made by Elliot Moffett to vote by secret ballot. Chairman Timentwa called motion out

of order.

Challenge to the Chairman’s call for vote by hand was made by the Elliot Moffett. Confer with

Robert Kipp and Rebecca Miles. It is at the discretion of the Chairman however it is for small

meeting to vote by show of hands, the Chair has decided to recognize the motion.

Motion to vote by secret ballot by Elliot Moffett; seconded by Owen Slickpoo. Motion Carried.

Clarification of vote on subsidiary motion - Yes is for the Subsidiary and No is against the

Subsidiary.

Results of the vote on the Subsidiary Motion – Yes 75; No 85; Invalids 1; subsidiary motion

defeated.

Continue with Discussion of the Main Motion submitted by Mary Tall Bull.

Bryan Samuels – Against – Appreciate receipt of per capita; would rather see things done for the

elders. Need time to develop a plan for that type of distribution. Taking 10 million out of assets

can hurt further development for our tribe. We are always compared to other tribes but we have

what we have. There aren’t tribal members here to vote. If it went through resolutions then they

could have meetings to obtain input. Consider endowment for future funding of a per capita. If

we take it out then we can shelve the other plans for development.

James R. Spencer – Against – For the spirit of it but the moneys are not there if we hand out that

much funds all at once. We are sitting at a cross road again; the payment for Celilo was

distributed and now today we don’t have the benefits from it. If we do receive the $1,500 how

long will that last? There’s an old saying ‘give a man a fish and feed him for a day; teach a man

to fish and he eats for a life time’

Helen Strombeck – What people decide to do with their money is their decision.

Marissa Rickman – In Favor – Lillian Cloud Smith passed away before she could receive a per

capita from enterprises. We have been waiting for many years for one and the money is ours;

it’s about time we get it and deserve it.

Question called for by Danae Wilson

Mary Tall Bull – Motion Maker – The resolution committee has met with people regarding a per

capita. There are always excuses on why we can’t. Senior Citizens deserve more than what we

DRAFT Meeting Notes of the Fall General Council

Page 16

are giving them now. The people who speak against the motion are always the high paid

employees. We need to think about those people who cannot get jobs through the Tribe and it’s

time they receive what’s theirs from the Nez Perce Tribal Enterprises.

Chairman re-read motion and called for a vote by secret balance. Clarification – Vote of Yes is

for the motion; No is for against.

Result of the vote for the Main Motion for Per Capita – Yes 95; No 66

Motion Made by Danae Wilson to accept Budget and Finance Subcommittee Chair and

Enterprise Board Chair reports; Seconded by Tony Johnson; Motion Carried

24. Land Commission Chair – Joanna Marek (see report)

Request that the reporter who is present to keep the report of the plan for land acquisition out of

the paper. The funds for acquiring and future lands were to come from gaming allocation funds.

(The General Council Chairman talked with the reporter who indicated that he could not confirm

that this or any information would not appear in the paper.)

Discussion:

Vera Sonneck – purchase of fee to trust lands and hold public meetings with individual

landowners. What’s the timeline for finishing the IRMP? Renters are to send payments to BIA

and not the landowners; when did this change.

Joanna Marek – The IRMP is scheduled to be completed by December 2009. Need to hang onto

allotted land and protect it. There is an upcoming meeting to discuss the trust land topic. Letters

were sent to all farmers and granaries to send payment to the lockbox in Prescott AZ. Those

funds will then be deposited to IIM accounts and then paid to land owners or their banks. (See

letter dated September 10, 2009 from the USDI, BIA, Northern Idaho Agency; signed by Greg

LaFrance, Superintendent)

Skip Williamson – My crop has been cut the first of August and do not have crop money.

Renters informed him that money is to be sent to BIA.

Joanna Marek – You are not the only one who has run into these problems. It is up to the farmer

to follow the letter that funds are to be sent to certified granary, then to Prescott for

disbursement. The TAMS database that is being used is not a correct data base to use and they

do have a trust responsibility to the land owners.

Leslie Randall – has the same comments as Skip. Payment has gone to Prescott. There is a self

determination act in place so why is this happening that payment is going back to BIA. We lost

that self determination when we turn back to government; the less we keep for ourselves when

we do this.

Joanna Marek – We will address it before NPTEC.

DRAFT Meeting Notes of the Fall General Council

Page 17

Marci Bailey – Issues with Avista; same questions as last year. Issue of right-of-way is still

unresolved. The superintendent has stated that they will be working on those lands that have

fewer land owners.

Joanna Marek – Right-of-ways; the bureau is to work with the individual land owners on this

right-of-way issues. Will request for authorization for the Chairman to send a letter to the

Superintendent to elevate this issue within the BIA.

Robert Kipp – There are several Tribal members who feel the superintendent is not being held

accountable to the people he serves.

Joanna Marek – Letters were sent to the superintendent to be accountable to work with

individual land owners.

Kay Kidder – Idaho County has no zoning ordinance. Is the Nez Perce Tribe’s land use plan tied

to the local zoning plan? Does our land services department have the resources to address the

issues of our lands? Will there be another land meeting to become familiar with what is going on

with our lands. Made reference to the Coeur d’Alene Tribe.

Joanna Marek – Yes. Our land use plan does take into consideration the zoning plans of the

counties and state. We will be holding meetings to give information and discuss right-of-way

issues. The Coeur d’Alene Tribe is an executive order tribe and the Nez Perce Tribe is a Treaty

Tribe.

Motion Made by Robert Kipp to accept and excuse the Land Commission Chair; Seconded by

Leslie Randall; Motion Carried.

25. Wilfred Scott – Honor those who serve the country, our Tribe. All Veteran’s please come

forward. Please have Phyllis Penney and Loretta Isles come forward. There have been 448 Nez

Perce who have served since WWI. Welcome home Staff Sergeant Aurora Gomez; daughter of

Loretta Penney-Isles, Grand-daughter of Phyllis Penny and the late-Frank Penney also a veteran.

Chairman Penney thanked Staff Sergeant Gomes for her service and that we should all remember

those who have, are, and will serve. Chairman Timentwa stated appreciation that Aurora is a

Nez Perce woman who is serving. She will always remember and be thankful for all the prayers

for Aurora coming home. And that she will always remember today and this honor wherever life

will take her. Aurora thanked the General Council for the love and support every time she comes

home.

26. Census Bureau – Sherri Greene and Alice Soloman

− Having a complete census is important for communities when it comes to funds allocated by

information received in the census.

− Census records are available at LCSC for genealogy searches

− Will be recruiting throughout Indian country for people to be census workers

− The Census Bureau is dedicated to establishing a Government to Government relationship

− Questionnaires will be given to each housing areas; please fill out the questionnaire and send

them in. For addresses that show as no response calls will be made to get forms filled out.

DRAFT Meeting Notes of the Fall General Council

Page 18

− Thanked those who were involved including the Nez Perce Tribe, Housing, Nimiipuu Health,

and several individuals

− Videos will be provided to show at community centers and offices for viewing (2010 Census

Indian Country)

− It is critical that Nez Perce Tribal member’s complete census because of funding that is paid

to Tribal programs, schools, etc. The numbers from this census will be used for 10 years.

Discussion:

Leslie Randall – Advocate that forms be filled out for the census because of the use of the

information to apply for grants; important for the children and yourself.

Robert Kipp – Grant funds are evaluated on the numbers collected; on what Treaty boundary do

you use?

Alice Soloman – Tabulate information within the current boundary but also takes into

consideration the information of Tribal members outside the area. Always identify what tribe

you belong to. Interpretation is a key – home versus residence.

Motion Made by Mary Jane Souther to recess until tomorrow; seconded by Nancy Wheeler;

Motion Carried.

DRAFT Meeting Notes of the Fall General Council

Page 19

Nez Perce Tribe

Fall General Council

Saturday, September 26, 2009

Meeting called to order at 8:52 am by Chairman Carla Timentwa

Elder Timothy A. Wheeler Jr., Opening Prayer

Rev. Mary Jane Miles offered a prayer for the Leslie Randall family

27. Human Resources Subcommittee/Housing Authority/Nimiipuu Health/Senior Citizens

Advisory Board

Human Resources Subcommittee Chair, Julia Davis-Wheeler: Report can be seen on Pages 2426 of the General Council Reports

− Education plan is being reviewed to make changes

− Enrollment – there has been some relinquishments from the Nez Perce Tribe to enroll in

other Tribes.

− Enrollment quantum was an issue that was brought up to the General Council in the past.

Chairman Penney, after review of enrollment guidelines comes to the conclusion that we

were not able to change quantum on any members.

− Meetings were held and input was collected from individuals and reviewed. Enrollment

Ordinance resolution is still open for discussion. Possibly have an enrollment summit

including other Tribes to look at enrollment ordinances in Indian Country

− This year the burial assistance fund went in the red and had to supplement the budget.

Gaming revenue is used to assist in burial assistance.

− The financial assistance plan is used in funding elders, youth, and other service oriented

programs. Would like to have input from the General Council on the social services plan.

Throughout the year waivers were made in subcommittee. In the future changes will be

made to granting waivers at the table. Need to have some guidelines.

Nimiipuu Health Board Chair – Joni Roberts

− Report handed out (power point)

− Report was given by power point

− Main headings of the NMPHB covered were the mission of the board; 2010 goals; current

health board members; administration and employment statistics; introduced new website;

statistics on appointment and no shows; dental services provided; contract health budget and

services provided; community health including men’s and women’s wellness conference;

statistic of Tribal members using fitness centers or exercise equipment on site

− Health Fairs will be held November 6th and November 13th in Kamiah and Lapwai.

− Report also included Statement of Financial Position dated August 31, 2009 and Statement of

Activities and Changes in Net Assets for 11 months ending August 31, 2009

− Meetings are held every 3rd Monday of the month.

Senior Citizens Advisory Board – Betty Kinzer filling in for Chair

DRAFT Meeting Notes of the Fall General Council

Page 20

− Members of the Senior Advisory Board are - Wanda Dunn, Chair; Delbert Ellenwood, ViceChair, Pat Pablo, Secretary are the officers of the Senior Citizens Advisory Board.

− Hold meetings in Lapwai, Orofino, and Kamiah. Everyone is welcome to sit in on the

meetings and bring concerns.

− There was a request received from the Kamiah Seniors for a computer with internet service

and a new van.

− Lapwai Senior Center requested new door for handicap accessible and to fix lights in the

restrooms

− Distribution of fresh fruit and vegetables is not taking place in the Orofino area for 2 months.

Orofino senior citizens are provided 1 meal per month along with fresh fruit and vegetables.

− Elder abuse has and continues to be a concern across the reservation. Will continue

addressing the issue and look for resolution to the abuse

− Seniors will be offered assistance to fill out census forms

− Volunteers have come forward to do public relations and will have ½ page of Tac’s Tetoken

for articles and updates.

− Senior day was a success. Thank you to the Departments who participated in providing

information and prizes.

− Next Elders Day is at Coeur d’Alene October 1.

Nez Perce Tribal Housing Authority - Julian Matthews, Vice-Chair

− See report provided

− Provided information in power point

Discussion:

Jackie Taylor – Sundown heights houses was going good and then stopped. When will they start

again?

Marci Bailey – How do you determine which housing projects get repairs? Housing projects in

Lapwai look nice and the ones in Kamiah are left undone. Are houses inspected or is it up to the

homeowner?

Julian Matthews – Lapwai repairs were done with housing taxes collected. The plan is usually

done by project and not by individual house repairs needed. If the home is owned then it’s up to

the owner to do repairs.

Bernice Moffett – HR question – Have made a request for an Elders Council in General Council

last year which passed. An Elders Council could work on tasks not covered by other committees

or organizations. The Elder Abuse Plan has been in draft form and is not a workable document.

The Elder’s Circle is for a specific purpose and not for this type of work. An Elder’s Council

could address other issues that are not addressed elsewhere. The Senior Advisor Board has

certain guidelines as well that is not for this purpose either. The Elders Council could be the

avenue to go to NPTEC to take care of these issues.

DRAFT Meeting Notes of the Fall General Council

Page 21

Julia Davis-Wheeler – Law & Order has passed an adult protection code. A need was addressed

that one position is needed to cover this. Law & Order and HR Subcommittee are looking for

funding. Social Services program does not have the funding for this position.

A comment on per capita – will need to have meetings to discuss the issue of those elders who

get Social Security it will be affected by a per capita. For those seniors who have social security

know that you can only earn or receive a certain amount before it affect the SSI payment. Also,

any per capita paid out of gaming allocations would be taxable.

Mary Jane Souther – Acknowledge that Julia Davis Wheeler has been on Health Board for many

years; she went out to get grants and funds for our Tribe. We are the legislative body of the Nez

Perce Tribe. General council is where we can bring up issues. The Nimiipuu Health Board did

not inform the general council about firing the Health Director. And that the Health Board was

out to obtain negative comments about the Health Director.

Chairman Timentwa informed Ms. Souther of house rules.

Marilyn Bowen – Senior Housing Complex at Kamiah lighting is not very good and sidewalk is

in need of repair. Sidewalk edge isn’t that high although can cause slips and falls. The back

entrance door is not handicap accessible. Senior meals are not very healthy or nutritious. Food

is not in good condition; such as freezer burned fish. Elders in Orofino are not receiving fresh

fruit and vegetables as scheduled. Would like see some action in the promises made to taking

care of our seniors.

Julia Davis-Wheeler – Appreciate the recognition for service on the Health Board. Have been

looking at the senior program. Funds have been put in the budget for fresh fruit and vegetables

and nutrition. The HR Subcommittee is looking at all issues and will hopefully be working with

the new ED, Rebecca Miles, to resolve some issues. Liaisons from NPTEC are McCoy Oatman,

Wilfred Scott, and Larry Greene.

Julian Matthews – Senior Citizens centers repair is being pushed in the housing authority

meetings. A grant has been submitted do some of the repairs. Have walked around the

complexes to survey the repairs needed and noted the lighting, sidewalks, and doorways.

Sara Sedgewick – Nimiipuu Health concern – contract health is not paying bills and patients are

being turned into collection agencies. People are being directed to fill out Medicaid forms by

Nimiipuu Health. A Medicaid qualification is $1500 per month. I personally have filled out and

turned in 2 denial letters from Medicaid. Why are we being told to go through this? Tribal

members need to attend meetings of Subcommittees and Boards.

Joni Roberts – Will check with Nimiipuu Contract Health and get this issue addressed (payment

and Medicaid). Will have acting director get back with you.

Patricia Pablo – I have been on the advisory board for a few years. It was clear that we needed

leadership for the Silets Trip to know where to go and where we will be staying. How is the

decision made on who will go on trips? Some people are being paid for their mileage and rooms

DRAFT Meeting Notes of the Fall General Council

Page 22

on trips and others have to use their own funds. We are told if we do not participate in the

fundraisers then we are not allowed to go on trips. Some people don’t have personal funds to go

and are not available to help with fundraisers due to work, place, or time. Seventeen issues were

presented to NPTEC for Senior concerns; after hearing the concerns there has been no action. I

am in support for the Senior Citizens Board. We need a change.

Julia Davis Wheeler – Secretary of NPTEC does have the concerns (17) and would like to have

them brought to the next HR Subcommittee meeting. Have worked with the EDs for the senior

program to make sure funds are available. NPTEC agreed that seniors should not have to raise

funds to go on trips and then people be dropped off because they did not help raise funds.

Motion Made by Gail Jackson; I move to dissolve the Nimiipuu Health Board effective

immediately, with the exception of one member with a Masters Degree in Public Health, for the

following reasons 1. Lack of qualified members serving on the Health Board, in accordance to

the NMPH Board Bylaws. 2. Since the board has been re-established NMPH has been through 9

Executive Directors since 1997 when we went 638. 3. NMPH Board members have lost the true

focus and the purpose of serving on the Nimiipuu Health Board. It’s regarding Health, not

politics. 4. Repeatedly involved with the day to day operations, to the point of showing up at

NMPH and then approaching employees and advising them to make negative comments

regarding the current Executive Director. Thus failure to adhere to the code of ethics. 5. Current

NMPH Board Members are abusing their positions by allowing their personal involvement in

personnel issues with certain NMPH employees that strictly goes against policies and procedures

according to the NMPH HR Manual. 6. All other Executive Directors report to NPTEC with the

exception of the NMPH ED, who reports directly to the NMPH Board; Seconded by Mary Jane

Souther. (After much discussion and decision by the Election Judges on vote by plurality or

simple majority the Motion Carried.)

Discussion:

Jackie Taylor – Subsidiary Motion to have Julia Davis Wheeler and Sherri Lozon reinstated;

Seconded Sara Sedgewick.

Chairman Timentwa - The subsidiary motion would be out of order due to house rules discussion

of personnel matters.

Continue Discussion on Main Motion:

Kay Kidder – Opposed to the motion. Don’t have the full facts of what’s going on. There has

been no information shared about our Nimiipuu Health Board concerns or personnel activities in

Nimiipuu Health

Julia Davis Wheeler - Do not feel that the subsidiary motion is out of order. It only states to

reinstate. Was removed from the board by NPTEC; to be reinstated it would have to go to the

NPTEC to make the decision.

Bernice Moffett – The main motion was about the Health Board and not the appointee from

NPTEC or the director. The appointee is a NPTEC decision and the Health Board is voted in by

the General Council. Those are two separate issues.

DRAFT Meeting Notes of the Fall General Council

Page 23

Paula Moody – asked to have the motion re-read. (Chairman Timentwa re-read the motion)

There are cliques in the Health Clinic; unprofessional. Those non-Indians at the clinic need to go

through cultural sensitivity training. Against the motion; want to see the information on why

Julia and Sherri were removed.

(Not concerning the Motion) Delores Wheeler – Housing comment – houses were not built to

accommodate gurneys. Do all seniors have a call button to call for help? Make sure all seniors

have a call button. Response made by Julian on her issues.

Claudia Long – Support the motion – Board is power happy. The Boards purpose was for the

purpose of policy. Need accountability and standards for boards, especially the health board.

Marci Bailey – Investigation was done and need to see the results. Need to discuss the health

and not the politics.

Solo Greene – against the motion – the motion includes a requirement of a degree. We’re a

service and not a business. Positions have been abused on the board. Power and authority has

been abused.

Joni Roberts – Against the motion – Board members join and have to follow guidelines and

make sure that the HR manual is followed. The board is a group of 4 people and didn’t join to

put forth personal agenda. Her concern is for the people.

David Scott – Against the motion – There are people on NPTEC that do not have degrees so we

cannot require it for the board. Have confidence in the Health Board decisions. They did

research and was not out on a witch hunt. Wellness of the people is the concern. Putting

someone down is not our way.

Tina Bullock – for the motion – There has been disparity at the clinic and during the

investigation there were people who tried to speak in favor of the director and the investigator

instructed recorder to turn off the recorder. Included in discussion were personnel issues.

John Strombeck – Against the Motion – the health board is a tight rope to walk. Issues

addressed to the Health Board are difficult to deal with. It’s good to have those who are

educated on the board but we need community people on there who know the needs of the

people.

Jackie Taylor – The motion is not personal; it’s about being fair. For the motion.

Question Called by Danae Wilson

Clarification - Yes is for the motion and No is against.

Result of vote on Main Motion by Gail Jackson – Yes 53; No 48; Invalids 2

Motion Carried.

DRAFT Meeting Notes of the Fall General Council

Page 24

Discussion on decision to dismantle the Health Board

Sherri Lozon – Thank you for voting for the motion. Discussion included personnel issues.

Motion Made by Bernice Moffett that the action (motion regarding dismantling of the NMPHB)

be sent to the HR Subcommittee for action; Seconded by Mary Jane Souther; after discussion

Motion Carried

Discussion:

Robert Kipp – How are day to day operations handled because of the board and does it affect

NMPH?

Julia Davis-Wheeler – Refer to the Subcommittee for discussion and then the full NPTEC for

approval.

Mary Jane Souther – HR Subcommittee can ask the General Council to vote for new members.

Paula Moody – Patient health concerns have not been addressed in this motion. Disagree with

the direction we are headed with this motion.

Elliot Moffett – is in favor of the motion – Subsidiary Motion to hold an election to be held by

the general council; Seconded by June Stewart.

Motion withdrawn by motion maker.

Danae Wilson – Feel that motion is out of order because of By-laws. The By-laws are still in

effect. Any vacated positions are sent to NPTEC to fill. (Danae read a portion of the by-laws

that reflected this statement.)

Sara Sedgewick – Against the motion because of no elections for the health board.

June Stewart – Against the motion, the motion should go to the full NPTEC.

Question Called by Julian Matthews.

A challenge was brought forward regarding the need for 2/3rds vote on motion to dissolve the

NMPHB. Discussion continued while Election Judges addressed challenges regarding vote of

2/3rds on Gail Jackson’s Motion.

Solo Greene – Veterans are important to our people and request that we get a Tribal Vet

representative to our own veterans; request HR support this position. Education is important –

tribal education employees are not in the mix and need to be able to give input – Bob at LCSC;

Arthur Taylor at U. of I.; and others. Need to include them in the education plan. Nimiipuu

Health bill payment is a concern for several members. Health issues for emergency management

are needed and Nimiipuu Health should be involved. Housing – paid off house and would like to

build on to house but it’s difficult to get funding through banks; is there a way to get loans

DRAFT Meeting Notes of the Fall General Council

Page 25

through housing? There should be a cap on what our people have to pay for their houses. It’s

difficult on some members to be able to make ends meet. Accountability and responsibility for

our seniors are important. Senior citizens concerns are at the director and management level.

Programs and departments are a service and should provide service to our seniors.

Julia Davis-Wheeler – looking at funding for veterans position, it is a good idea. Have been

working with a Veteran’s coordinator on the Colville who has been helpful in getting our

Veteran’s signed up for Veteran’s benefits. Been approached to hold a Veteran’s summit. We

have been working on issues of housing repair and building concerns. Seniors have been

attending our NPTEC meetings and are working with them to resolve the issues.

Julian Matthews – there is a fund available for a dollar for dollar match for repairs. Cap on

payments for homes is based on HUD policy. HUD is low income housing and when

homeowners receive higher paying jobs their payments go up. Push for Veteran’s help for

obtaining housings. Offered his personal assistance to Veteran’s to assist them.

Shelly Simpson – Housing – Maintenance on senior citizens housing is a concern. I am a

homeowner in Sundown Heights and am concerned about the area being littered with trash.

Willing to pickup trash and take care of it. If housing can provide the trash bags will help. Skate

board ramps are built on the speed bumps causing obstruction of the road. Can law enforcement

patrol the area to keep these obstructions out of the road? If there was a place in town or a park

built where they can ride skate boards this wouldn’t be an issue. Fire control defensible space

was created around houses by use of inmates; can it be done again?

Julian Matthews – Senior’s housing maintenance will be addressed on the committee. Issues do

need to be brought up to the housing committee. It is good to hear them at General Council

however we only hear them twice a year. Skateboard ramps issue; need to see if there is a place

where kids can go to play. Housing authority does need to work on all these issues. Thank you

for bringing them up.

Betty Kinzer – The Senior Advisory Board does want to be an action board. One of our main

concerns is to amend our Bylaws which limit us on what we can do. Once the Bylaws are

amended we can make more of an impact.

Marci Baily – What are the results or the concerns of the investigation?

Julia Davis-Wheeler – Have not seen a copy of the investigation. It’s a personnel issue and

cannot be discussed.

Claudia Long – Motion Made by Claudia Long to disband the bylaws of the health board –

rescinded the motion after discussion.

Jonelle Whitman – Housing – What is the responsibility of the Tribe, housing authority, and city

for sidewalks and cross walks? Concern with caps on the rent – it’s even difficult under low

income guidelines to make payments and support a family. Character clause for good character

– how is that determined? At Sundown Heights what are the guidelines to get a house?

DRAFT Meeting Notes of the Fall General Council

Page 26

Julian Matthews – right-of-way pays for the sidewalks. 30% rent issue is being addressed –

those who are making $60,000 are making the same payment as someone making $10,000. Low

income guidelines are HUD. Character Clause - Public housing was first established in urban

areas that required no drug dealers, felony convictions, or other type of crimes. This is a

guideline from HUD. Will bring this concern back to the board.

Jenny Oatman – Request that hours on Friday be changed back to 4:30 pm at Kamiah Nimiipuu

Health. What is the alternative or plan for when a provider is not available at the Kamiah Clinic

during regular hours? NPTEC prioritize a early head start be included on the development plan.

Tribal employment not only in Lapwai but also for the Kamiah.

Julia Davis-Wheeler – page 13 of 25 of the Spring General Council Minutes a lot of discussion

on the Kamiah Clinic and will follow-up on those concerns. After hour services is a concern.

Strategic plan is amendable and changeable. Prioritizing the head start in Kamiah is important.

The employment issue of Tribal employees is addressed and is reported.

Jenny Oatman – Issue is a provider is not available on Mondays and there needs to be a plan

what we can do rather than go to Lapwai. Possibly go to St. Mary’s Clinic at Kamiah paid by

contract health care?

Ann McCormack – Transportation issue to make our communities safer for walking and biking.

By walking and using bikes we can encourage our kids to not be sedentary; health issue.

Looking at this we noted that there is not adequate sidewalks and safety. Sidewalks are on our

radar.

Ms. Greene – Housing issue - If you are not credit eligible within 3 years you will get booted out

of your home. Home owners/renters are required to track their past renters. The Character

Clause by HUD is used by the housing authority. Maintenance of rentals – renters does not want

to tell housing about a problem because they are charged for the repair. Maintenance workers

are paid an hourly wage and yet the renter is being charged or the maintenance.

Julian Matthews – The board does not deal with the day to day operations of housing for the use

of the Character Clause and decisions made on character can be brought to the board to appeal it.

Board meets once a month and all appeals and concerns will be dealt with at the meetings. I

don’t want to see people kicked out of their homes and we usually only hear of it after the fact.

Maintenance is charged to the homebuyer and not being paid by housing. We try to work with

home owners and renters on issues; there is a process to go through.

Orders of the day have been called for by Eric Holt; Motion Carried.

Human Resources Subcommittee/Housing Authority/Nimiipuu Health/Senior Citizens Advisory

Board Panel was excused and reports were not accepted due to orders of the day called.

Recessed for lunch at 12:30 pm

Reconvened at 1:35 pm

DRAFT Meeting Notes of the Fall General Council

Page 27

Decision on vote on main motion – challenge of 2/3 vote – It was determined by the Election

Judges that a majority vote is upheld and motion passes. Chairman Timentwa calls for voice

vote on Motion to refer action to Human Resource Subcommittee – Motion Carried

28. Nimiipuu Language Assessment Project - Angel Sabotta and Phil Cash Cash

Grant was a direct result of the people from meetings held in all three communities. Aaron Miles

directed them to write a 1 year assessment grant to assess our language. Thank you to everyone

who volunteered their time. Consultant Phillip Cash Cash; independent consultant to do the

research; his credentials were presented to the General Council.

Phil Cash Cash presented a power point of information on the language assessment project:

− One year research. Rationale for the project is that a lot of the language is becoming in

danger of being lost. Out of the 4,732 Nez Perce population only 47 are estimated as fluent

speakers; 25 are highly active speakers.

− Project goals included formal assessment of the language and achieving a vision to preserve

the language. Assessment plan – current use and levels of knowledge of use. Research

question is what tools we have to teach.

− Evaluation methods – Field research, focus groups, and fluency assessment. Field research

included in depth interviews collected with recommendations from the Circle of Elders.

− Focus groups – data colleted from each focus group will be used to guide the overall

language planning process. Data on key areas use, learning and fluency; four meetings were

held at the three communities and LCSC. LCSC was an on line survey.

− Language use – in every day conversation use was high when there was a grandparent in the

home. Language was transmitted when 3 generations were present. Language transmission

and use was high when there was 3 generations present in the home

− Recommendation – family oriented curriculum and language support.

− Learning summary – three main sources are within the family, school, and culturally (church,

etc.) Recognize the conscious choice to use the language.

− Recommendation – language program models need to be enhanced and expanded.

− Fluency findings – no longer restricted to individuals who learn Nez Perce as a first language

but expanded to those who learned it as a second language (second language speaker).

Fluency is not well understood by most community members.

− Recommendation – need to create language learning that fosters natural authentic spoken

language; and create awareness and explore ways to foster fluency in both 1st and 2nd

language speakers.

− Fluency level test – six part test was devised that was randomly administered to five age

groups emphasizing listening and speaking (oral based language). Stimulus based test by

looking at pictures and responding. Language is learned by listening to spoken language and

responding. The breakdown of comprehension by percentage was by the five age groups.

The second part of the test was to speak. Presented other parts of the test administered.

− Results – at least 50 to 60 percents oral language and comprehension across all age groups.

Language competency ranges from general effective to generally not effective. A final report

will be submitted to the Circle of Elders.

DRAFT Meeting Notes of the Fall General Council

Page 28

− Create support networks for teacher certification. Enhance and strengthen capacity for

language learning classrooms; equal access to language learning. Re-evaluate and strengthen

language planning and program capacities.

Discussion:

Ann McCormack – Give a definition of immersion.

Phil Cash Cash – It’s a language teaching methodology to immerse the student in natural spoken

language. Student is forced to engage in language; actively use of the language to learn.

Bryan Samuels – Thank them for the effort they are doing to preserve the language. In the No

Child Left Behind teaching has definition of high qualified and our language teachers are not

paid for their services as other teachers. Recommend that the Tribe, schools, and state recognize

them as such.

Robert Kipp – Are the CD’s still available? Where can they be purchased?

Angel Sabotta - CD’s are available. We need to hear the language from fluent speakers. CD’s is

one way but the immersion is another way to hear the language and use it.

Kay Kidder – Excited about the language. Nintendo DSI’s?

Angel Sabotta - Language phrasilators were about $3,000 each. Nintendo DS is another learning

tool that will be available as we work through getting funding.

Lisa Guzman – Recommend that this becomes a priority to promote the program.

Bernice Moffett – There are grants that can be applied for. Appreciate the words of the day that

is shared through email. Elders Circle appreciates the work they are doing. It’s up to the young

people to carry forward the language.

Mary Tall Bull – Need to work on our language. It starts with out little children and working

with them when they are young and continue as they grow up. There is a language class here at

the Wa-a’yas where only a few people attend. We need to send our children. At one time our

leaders spoke the language only and needed an interpreter for English. Employees should be

allowed a half hour to attend language class.

Justin Gould – Awareness to our language – the slide showing the total population and the total

number of fluent speakers is sad. How has the immersion process being used in other tribes?

We need to have the funding to make this program work and move forward. Make sure that our

language is restored back to its wealth.

Vera Sonneck – We need to restore our language here and not have to go elsewhere to learn how

to teach it. Gave personal history of family use of language and how she teaches her

DRAFT Meeting Notes of the Fall General Council

Page 29

grandchildren. In Churches we sing our translated hymn which is another learning tool. Need to

teach the meaning of the words no matter what religion; Traditional or Christian.

Chairman Timentwa recognized and remembered those who are past and those present now who

speak and teach the language. Appreciation for the young people here today who are teaching

and researching ways to learn and retain our language.

29. Mary Jane Oatman Wak Wak – Gave information and presented a video that is for sale

for $10.00. Celebration of the Museum of American Indians in Washington DC.

30. Elections of Boards and Commissions

31. Floor is open to nominations for Fish and Wildlife Commission Seat 1 – 3 year term

Bryan Samuels nominates Timothy A. Wheeler – accepts

Tina Bullock nominates Herb Jackson – accepts

Eric Holt nominates Daryl Reuben – accepts

Jamie Five Crow nominates Billy Henry accepts

Motion Made by Julian Matthews for nominations cease; Seconded by Danae Wilson; Motion

Carried.

Results: Total of 101

Timothy Wheeler 31

Herb Jackson 34

Darryl Reuben 19

Billy Henry 17

Run off between Timothy Wheeler and Herb Jackson

Timothy Wheeler - 40

Herb Jackson - 51

Invalids - 2

32. Floor is open for nominations for Fish and Wildlife Commission Seat 2 – 3 year term.

Bryan Samuels nominates Timothy Wheeler – Accepts

Joanna Marek nominates Marie Arthur – Accepts

Eric Holt nominates Darryl Reuben – Accepts

Jamie Five Crows nominates Billy Henry – Accepts

Motion Made by John Strombeck that nominations cease; seconded Sara Sedgewick; Motion

Carried.

Results:

DRAFT Meeting Notes of the Fall General Council

Page 30

Total votes cast - 98

Timothy Wheeler – 29

Marie Arthur – 32

Darryl Reuben – 21

Billy Henry – 16

Invalids – 0

Run off between Timothy Wheeler and Marie Arthur

Total votes cast - 100

Timothy Wheeler - 44

Marie Arthur – 52

Invalids - 4

33. Floor is now open for Seat 1 Nimiipuu Health Board – 3 year term.

Jenny Oatman nominates Lisa Guzman – accepts

Elaine Ellenwood nominates Vonda Bybee – Accepts

Kay Kidder – comment that health board does not state it requires a background in medical and

that a degree in social work is considered in the health field.

Motion Made by Danae Wilson that nominations cease; Seconded by John Strombeck; Motion

Carried

Total Votes cast - 94

Results:

Lisa Guzman – 66

Vonda Bybee – 28

Invalids - 0

34. Floor is open for Seat 1 – 4 year term on Nez Perce Tribal Housing Authority

Mary Tall Bull nominates Julian Matthews – accepts

Richard Arthur comments to show support for Julian Matthews

Danae Wilson nominates Jonelle Whitman – declines

Move that nominations cease and accept Julian Matthews by acclimation; 2nd Mary Tall Bull;

Motion Carried.

The Enterprise Board positions are 3 year terms and current board members are on their second

year; there will be no elections for the Enterprise Board until next Fall General Council.

Motion Made by Jenny Oatman that the General Council Chair set up a time and place for

General Council officers and those elected to boards and commissions take an oath of office;

seconded by Bernice Moffett. (After discussion the Motion Carried.)

DRAFT Meeting Notes of the Fall General Council

Page 31

Discussion:

Herb Jackson – Fish and Wildlife will take an Oath of Office Monday, September 28th at 10:00

am.

Mary Jane Souther – Our elected officers are the legislative branch of the Tribe.

Wilfred Scott – From Law and Order Code the Fish Commission are appointed by NPTEC

Benediction by Julia Davis-Wheeler, NPTEC Chaplin

Wilfred Scott and Veterans retire colors. Honor Song by Lightning Creek Drum

Meeting adjourned at 4:55 pm

Submitted by Maple Stuivenga, General Council Secretary