Tennessee Native American Convention (TNNAC)
Saturday, 5 April 2008 Minutes
MTSU Honors Building - Murfreesboro, TN
By: Patty Beecham, Secretary
1. Call to Order 9:45am CST
A. Prayer: Helen Vinson
B. Roll Call: Doug Kirby
Doug Kirby - TNNAC Chairperson
Chrisie Moore - Middle Vice Chair
Marcia Cross - Vice-Chair/Knoxville
Herstle Cross- Chair/Knoxville
Scott Sanders - Vice-Chair/Chattanooga
Wally Leary - Chair/Chattanooga
Ed Vinson - Chair/Memphis
Helen Vinson - Vice-Chair/Memphis
Billy Joe Nuckles - Chair/East
Dale Mitchell - Chair/Nashville
Jon Greene - Vice-Chair/West
Patty Beecham - Chair/West
Visitors:
Evangeline Lynch
Tom Kunesh
Charles Lawson
Annette Lawson
Harold Robinette
Don Taylor
Ramona Reece
Alice Henry
Dale Henry
James Meeks
David Teat
9:55am
Doug Kirby: Maintain order. No battleground. Take grip outside. TNNAC provides - seats of TCIA, Historical Commission, Human Rights Commission that Native American community of Tennessee wants.
MOTION to accept as is: Herstle Cross
Second: Marcia Cross
CARRIES
10:00am
2. Reports
A. Officer's Reports - 0
B. Patty Beecham: minutes from 13 Jan 2008.
MOTION to accept: Scott Sanders
Second: Ed Vinson
PASSED
10:05am
Patty Beecham: Treasury Report
Beginning Balance $640.42
Deductions: Corporate Annual Report $40.00
Money Order $1.05
Postage: $.41
Calling Card: $5.00
Postage and Envelope
Midterm Appointment Package: $3.30
Ending Balance: $590.66
Moved to reimburse: Dale Mitchell $9.72
Second: Chrisie Moore
Accepted as read
Moved: Dale Mitchell
Second: Jon Greene
PASSED
C. Check In By Areas - 0
D. Committee Reports:
(1) Attendance Committee - 0
(2) Absentee Committee: Herstle Cross - Need money when voting absentee. Need ballots. Print them. Need a way to raise funds for ballots.
(3) Sub-Caucus Committee: Dale Mitchellñ Send letter to Man Many Trees to attend.
(4) Education Committee: Scott Sanders- Waiting on situation w/ Chattanooga to decide
(5) Web Report Committee: Patty Beecham: tnnac.org caught up
(6) PR Committee - 0
(7) Genealogy Committee ñ0
Doug Kirby: Do we have any to bring up?
Dale Mitchell: [Doris Tate Trevino] if decided to run again needs to submit
Moot pt. Trevino if run again.
Wally Leary: If she submitted paperwork? Didn't know what to do with paperwork. What are rules to go by?
Charles Lawson: Grandfather clause
Herstle Cross: What tribe? What is Indian Preference? Who ever approved her? She needs an answer 3 yrs later if argument, don't want to dig up past.
Evangeline Lynch: Needs to be returned [paperwork]
Ed Vinson: Ask Tom Kunesh to read Indian Preference criteria.
Tom Kunesh reads said rules.
Patty Beecham: if not mistaken, papers returned
Wally Leary: wanted Indian Preference
Tom Kunesh: Doris wanted tnnac to update her bio on TNNAC Website. Didn't run for anything past Convention. Only Convention 2005. Has received Indian Preference, TNNAC sec'y contact Vicky about DTT and formal presentation.
Herstle Cross: Need rules in black and white. Certificate should show approval. Will take care of asking Vicky. Need to vote on old Committee's findings.
Break 10:40
Dale Mitchell: Plaque for Georgia Dennis, MTSU, to be presented by TNNAC. Insurance situation. Expenses $9.27
Moved: Scott Sanders
Second: Jon Greene
PASSED
Herstle Cross: Possible to get insurance? $500/600 could pay premium for it.
Dale Mitchell: What about Cumberland University?
Doug Kirby: Tom what need to do to get TDOT bldg?
Tom Kunesh: Ask attorney if TNNAC can get it. May be an exemption to rule TNNAC mentioned in statue as State function. Letter to Board of Regents might be helpful.
Dale Mitchell: Request to be grand fathered in.
Doug and Patty will prepare letter to Chancellor.
Tom Kunesh: Legal came up with policy. Send letter to University.
Wally Leary: Give Georgia a call.
Patty Beecham: Georgia said in 2 weeks a meeting to find out what is going on with bldg.
Wally Leary: Need a site on hand
Patty Beecham: park - central location.
Chrisie Moore: library - central location.
Doug Kirby: Do we want to leave in Sundays?
Patty Beecham: Only one Sunday left
Herstle Cross: Find place. Then issue of Saturday vs. Sunday.
Chrisie Moore: Already voted to keep as scheduled.
Dale Mitchell: Keep same until we can find a bldg.
TABLE until further notice.
B. Midterm Appointment Process to replace David Teat. (Beecham)
Patty Beecham: 31 Jan received David Teat's resignation letter. Contacted Vicky nominees - Niles, David, Joe, Sandi, Dale - yes, Debbie Cummins, Pat Cummins, Charles Lawson - yes, Melissa Shelby Smartt - no response, Sally Wells, Cecilia Tolley, Annette Lawson, Bill Wells - yes - answered before Charles Lawson, contacted Mark Tolley - no response. Mailed to Speaker Naifeh Wednesday, 26 March 2008. Cover letter 90-day being 31 March 2008 and asked to be notified of appointment.
Herstle
Cross: commend hard work. At the same time do not agree with the
procedures followed. Vicky provided delegate list. I contend whether
that was a correct list to use. Done in a vacuum until this moment. We
are the board. We should be voting and submitting this list. We should
be in agreement with this list and how it was sent in. Procedures.
Biggest complaint - open enough for procedures. Statute says "at
least 2 people" - do we send in 2? 5? How determined? Started
with 2005 list. I contend should have started with 2007 list. What's
pertinent is that discussion was not held. Disagreement by board
member. To be determined by board. Decisions made in a vacuum by this
board. Rule changed. (?) Made retroactive. (?) Board involvement?
We sent 3. Why not 4? Just want to agree on what we do and do it?
Patty Beecham: list came from 05 - replacement was for a 05 position, used 05 nominees - delegate list.
Chrisie Moore agrees. Doug Kirby: list was followed
Patty Beecham: asked Vicky for guidance how this was done. Received letter of explanation. Figured it had to be done the same way it had always been done.
Dale
Mitchell: existing process - use nominees from same year. Then to
active ACTIA members from caucus. Then to TNNAC caucus chair & vice
chair. The part that's unclear is which delegate list - from that
election (2005) or more recent convention delegates (2007)?
Evangeline Lynch: concern about delay in submitting nomination having
to wait for next TNNAC mtg. secretary, in conference with the chair,
shall submit nominees.
Doug Kirby: did the right thing in going from the 2005 list.
Herstle Cross: doesn't agree. - Why not 4? Say Mr. Kunesh gets hit by bus. Same situation will present itself. Wants participation as a board member proposes committee be assigned to come up with rules. In practice, delegate list can be arbitrary.
Wally Leary: procedure is to order list
Herstle Cross: prefers to send in 3 or 4 ... should go down 3 more slots
Doug Kirby: hold the slot for 72 hours - not 6 weeks for some, 24 hours for some.
David Teat: procedural
issues - TNNAC has not dealt with before. Caution everybody to be civil
to one another. Number of names submitted: a minimum of 2 when you
can't come up with some kind of procedure - same old problem. Need to
be consistent. Better get input from people across TN before final
decision.
Chrisie Moore: of 15 names, submitted 21%
Herstle Cross: form a committee to review for next meeting, Rules/SOP committee?
Charles Lawson: Calls and emails with Patty. Overlooked the email with deadline request. It was there.
Wally Leary: need committee defined procedure - delegates in order of precedence - amount of time for consideration
Tom Kunesh: reason for 2 nominees: Speed. John Hedgecoth's resignation, Ruth Knight Allen's resignation
Patty Beecham: Sent out letter to all members of TNNAC first week of February. If wanted to help, you should have spoke up then.
11:35
Committee
- Dale Mitchell, Doug Kirby, Chrisie Moore & Patty Beecham. Herstle
Cross - declines, okay with future discussion on proposal
C. Dealing with TNNAC members who undermine the process. (Mitchell)
Dale Mitchell: Any new members? Right now we don't have 1st alternate middle Tennessee. Ramona Reece if interested?
- Withdraw motion since she wasn't a delegate
Dale Mitchell: - Asked Evangeline Lynch to be At-large from West TN.
Motion to vote on Lynch as At-Large member - Dale Mitchell
Second - Jon Greene
PASSED
Billy Joe Nuckles: What procedures using here?
Doug Kirby: Not concrete procedure. Need alternates: Memphis, West TN and West At-Large.
Herstle Cross: We need interested people.
Jon Greene: Find interested people, put time in the Indian community. Needs rules set.
Dale Mitchell: go by caucus delegates, then if none, persons showing interest.
Dale Mitchell: Amend original nomination - going to nominate Van for At-Large West TN and Alice Henry as 1st Alternate for Memphis.
Herstle Cross: First number of votes for At-Large, second Alternate.
Dale Mitchell: Nominate Van
Herstle Cross: Nominate Alice
11:57 Van 7, Alice 4 Van= At-Large, Alice = Alternate for Memphis. Elected, voting today.
Billy Joe Nuckles: Nominate Harold Robinette as East TN Alternate. (Kingsport)
Vote 7, Opposed 1, abstained 1
Harold Robinette elected, voting today.
12:00 - 12:45 Lunch Break
12:45
Doug Kirby: TNNAC's mission: to provide nominees for Commission of Indian Affairs
Dale Mitchell: We are an election committee - to government to appoint positions. Need to support monimees or to be neutral. Members of TNNAC advocate, go around process - the natural order given. Mr. Nuckles, who contact Lt Gov Ramsey request number two nominee, instead of number one nominee. No problem with appointer choosing any name given. If going be on board of TNNAC - should not be on lobby after convention.
Billy Joe Nuckles: As a private citizen, speak to whom I please. Not on TNNAC at the time. No one to dictate, as long as private citizen.
Dale Mitchell: No problem, if not on TNNAC.
Billy Joe Nuckles: If want to kick off - go for it.
Dale Mitchell: No problem if before TNNAC member.
Herstle Cross: I looked at statement - Code of Ethics- Bylaws- to make an accusation. Speaking on behalf, as an individual, rules don't say 1. 2. 3.
Wally Leary: Not interested in looking back - look forward to future. If appropriate to do as TNNAC member - stay out as a private citizen. We want to put something out [show] responsibility to follow.
David Teat: Perception the government and Indian community has as a whole. Can have all rules - personal perception should be concerned as Board to be ethical. Obligate ourselves to work forward.
Dale Mitchell: Come up with procedures, already happened. Needs to be studied for future. Does reflect on Board as well as individual.
Doug Kirby: Dale, want to update Code of Ethics?
Dale Mitchell: Yes, Herstle join me?
Herstle Cross: Vicky emailed SOP - not finalized.
Tom Kunesh: Not final approval. To be operational manual to incorporate all bylaws and standing rules.
Dale Mitchell: Billy, if you want to join in on making rules -
Billy Joe Nuckles: Had a complaint - Vicky said to fill out a complaint form (?) 14 day period to comply.
Dale Mitchell: This wasn't complaint about someone elected.
Billy Joe Nuckles: What is a complaint?
Tom Kunesh: Complaint form specific to caucus and convention
Billy Joe Nuckles: What was my concern as a complaint to provide 14-day period. Why fill out within 14 days?
Wally Leary: Because establish a time to address complaint.
Billy Joe Nuckles: - .beat up on radio every Saturday night.
Tom Kunesh: 14 day limit - TNNAC had to explain to State appointers. 14 days because people make complaints, if go back people loose track of events, look at nomination form to see.
Doug Kirby: Dale's not [that kind of] complaint
Billy Joe Nuckles: make sure in procedures
Doug Kirby: Big hole to fill. Are you willing to work with Dale and Herstle? [addressed to Billy Joe]
Billy Joe Nuckles: Tired of it on radio.
David Teat: Get used to it. You acted on your own,
Billy Joe Nuckles: I can take it, baby. I can take it.
Jon Greene: can say what they want
Tom Kunesh: As long as true.
Dale Mitchell: work on that
Evangeline Lynch: SOP contradiction between TCIA and statue about who shall be a commissioner, "member of each 4 cities, 1 of each grand division" [quote]
David Teat: TNNAC direct conflict with statue [quotes pg 34]. Need to look at TNNAC referendum - not done 2005 - separate caucus.
Doug Kirby reads 2005 ruling on such
Tom Kunesh: What conflict?
Ed Vinson: Memphis not in West Caucus.
Tom Kunesh: [reads - ] Shelby included. Memphis has largest population of Indians in TN. Useful TN maps on tnnac.org website.
Doug Kirby: issue discussed before
Tom Kunesh: West of TN River, Tipton. Lauderdale, Shelby number one in State. Can provide numbers. Same with Knoxville in East. Primary concern for commission 2009. 2007 - election year. Decision opposed as to way TNNAC is doing. No conflict legally. Is conflict with TNNAC- push through every number of years.
Ed Vinson: Didn't work out that way. Each caucus being represented - each caucus is not represented.
Wally Leary: have opportunity now.
David Teat: Someone with enough money - cause problem. Take to court, suggest TNNAC fix it.
Wally Leary: Get proposal and present.
Dale Mitchell: had proposal
David Teat: Don't seek changes at this time. Clean up. Be careful what and when ask for. Legislatures watching - may let go - population of Indians low in Tennessee. Votes and money - keep in mind when you ask Legislatures.
Evangeline Lynch: In the SOP, saw it the other day
Doug Kirby: Done at caucus
Dale Mitchell, Herstle Cross, Evangeline Lynch on committee.
D. Guidelines for Indian Preference Committee and the process used to identify those seeking Indian Preference. (Cross)
1:16 Table [until Herstle and Lance get together.]
E. No
ACTIA Proposal (1): ACTIA is not sanctioned by the State of Tennessee.
Nowhere in the TCA does it state that TNNAC is to elect members to this
organization. Remove all references from TNNAC Bylaws about ACTIA.
TNNAC will no longer elect members to ACTIA. Remove all appropriate
references to ACTIA. (Nuckles)
Billy Joe Nuckles wants to table
1.18
Dale Mitchell: No where - to elect members to ACTIA or prevent
Tom Kunesh: 1st two statements are true. ACTIA elections are optional on both TNNAC's and ACTIA's part. Intent in creation of Commission and TNNAC was to create an organization in which nominees-not-appointed can continue to be involved with and for the Commission.
David Teat: These proposals to change- need to tell Indian community.
David Teat: if TNNAC cut loose, future membership in ACTIA may not be (Indian).
[2, 3, 4 proposals listed - dialogue and voting below]
No
HRC Proposal (2): The state of Tennessee already has a Human Rights
Commission and its members appointed by the Governor. Same as the above
as it does not apply to the Tennessee Code. TNNAC will no longer elect
members to the Human Rights Commission. Remove all appropriate
references in TNNAC bylaws. (Nuckles)
No HC Proposal (3): TNNAC will no longer elect members to
the Historical Commission. This is already covered by the State of
Tennessee with its Historical Commission and its members appointed by
the Governor. Remove all references to the Historical Commission in
TNNAC Bylaws. (Nuckles)
No Convention Proposal (4): (a)
TNNAC will no longer hold caucus delegates elections or convention
elections but hold full elections in each Grand Divisions and Metro
Areas in the schedule already established (staggered every two years).
(b) / They will directly elect the Commission of
Indian Affairs Commissioners to represent their particle area.
(c) / Metro Areas would be completely separate from the
Grand Divisions and the Grand Divisions completely separate from the
Metro areas. (Nuckles)
1:27
Ed Vinson: If stop electing people to Human Rights Commission, Historical Commission - removing Indians from these commissions.
Billy Joe Nuckels: 64 years old - probably met 3/4 of people in
that area - thousands & thousands of people when dealing with
Indian affairs - I'm representing Indian people in TN who want to be
recognized
Doug Kirby: if they're interested, they need to get involved in ACTIA
list in the past - nominated people for ACTIA because they were 2,3,4 nominees for Commissioners
David Teat: problems with appointments and nominations
Billy
Joe Nuckles: treated like a KGB agent walking into a CIA meeting. Did
they invite me to go out to dinner with them? Would I go to another
ACTIA meeting? NO! Only words said to me, Kunesh said, this is Billy
Nuckles and he's going to run for commissioner.
Wally Leary: Need to make all feel welcome.
Tom Kunesh: didn't know you at the time - any silence was inadvertent, not intentional
Dale Mitchell: I remember at least on meeting. I apologize for perception -unintentional - we're about inclusion, not exclusion
Evangeline
Lynch: Government administration doesn't know a handful of Indians to
appoint. No other way to have names of Native Americans to serve. Need
those names. Archeology Committee - first time - has two Native
Americans. Corky Allen - my son.
Jon Greene- [agrees with Ms Van] - Government won't know any people. Just individuals calling giving their personal opinion.
Billy Joe Nuckles: why
I brought this up because TDEC brought this up officially - why do you
want to go through all this stuff - make it as simple as you can - get
the job done. Alice Henry: who
would you consider qualified to appoint? Background knowledge. Who
would you qualify as Native American in Tennessee at this moment?
Evangeline Lynch: knowledge of archaeology is required.
Alice Henry: art history, classes in archaeology, participated out west.
Wally
Leary: Venue to bring Indian people together. Give opportunity to have
Native Americans come forward- give an Indian voice. Is getting a
little bit of a spotlight giving you a few names
Jon Greene: who do you want to write history of Native American people? To be able to voice their opinion.
Herstle Cross: where are we?
Tom Kunesh: official TDEC request?
Billy Joe Nuckles : Yes
Tom Kunesh: Who?
Billy Joe Nuckles: Not at liberty [confidential]
David Teat: Why TDEC making recommendation?
Doug Kirby: Must be done as Referendum.
Dale Mitchell: first 4 things in referendum. Last thing - everybody agree.
1.46
Ed Vinson: want somebody Indian on that Archaeological Advisory Council cause I got people buried here.
Doug Kirby: Need Native American in community to represent us.
Scott Sanders: motion that HC, HRC, AAC be made into a referendum
Doug Kirby: Are we gonna table all the issues and discuss later?
Evangeline
Lynch: Need to be presented as Referendum - notify public to be
presented at 2009 election. Got to give public the choice.
Herstle Cross: wants voice in other boards, wants to find out who in TDEC is saying
Wally Leary: Motion approval all 4 items
Ed Vinson: Up or down vote
Motion to accept: Doug Kirby
Second: Dale Mitchell
PASSED
Vote
In Favor Opposed
(1) 1
9
(2) 1 9
(3) 1
9
(4a) 1 9
(4b) can't directly elect anybody
( 4c) already approved in 2005 by TNNAC referendum
No
Deviation Proposal (5): TNNAC will rewrite all election rules to make
them simple to use and to the point and every area holding the
elections exactly the same way with no opportunity for deviation or
misuse as was done in this pass election. (Nuckles)
(5) no disagreement.
Herstle Cross: [Concerning (4a)] Example of East Tennessee, 2 commissioners, both Knoxville not from grand division.
Tom Kunesh: exclusive vs. inclusive
Doug Kirby: No proof of anything wrong done here.
Billy
Joe Nuckles: heard about Knoxville- in our area. Lee Vest told he would
get instructions on how to hold the election 2 weeks in advance.
instructions not on site, not updated from 2005, paid $200 for a room
at the Convention Center, Vicky Garland sends Don Merzlak instructions,
Lee says to Vicky that by golly if Merzlak is going to be chair,
Merzlak can pay $200, instructions 30 minutes before election was held.
Monday Lee received instructions from Vicky.
Doug Kirby: Herstle and I had conversations on how to simplify things
had a few problems ... only issue - sub caucus - we were told that we
couldn't have phone conversations between 2 sub caucuses - needs to be
added if we're going to do sub caucus voting
Billy Joe Nuckles: Lee was appointed chair of East TN, Merzlak added by
Vicky as assistants, caucus held in Knoxville - Kim Martin - didn't
know how - most peoples first election - Val had to do it.
Tom
Kunesh - TNNAC has always allowed potential nominees to participate
since they're often the ones most involved. Haven't heard any
complaints - Val just chaired due to no one else able.
Evangeline Lynch: sounds like internal problems.
Doug Kirby: Each Chair make sure next election is proper.
Marcia Cross: Val facilitated in reading instructions, but did not
involve herself in any of the vote counting or doesn't know where votes
wound up but they were sealed.
David Teat: provided photos of all sealed properly- nothing inappropriate.
Marcia Cross: good point on how we run caucuses
David Teat: Checked postmark
Wally Leary: Asked to check package - be here at TNNAC meeting to understand
David
Teat: lack of communication hurts all. Learn from this - numbers low -
people fall away - left system handicap. All to blame and all must fix.
Break - 2:25-2:30
Doug Kirby: one reason SOP hasn't been written. Never get all to agree- on going issue
Wally Leary: intent is every time to improve system
Ed Vinson: always trying to iron the wrinkles out
Chrisie Moore: trying to be as specific as possible simpler makes it more vague
Doug Kirby: right now have a year
David Teat: SOP, has to be open-ended, evolve, do not have
a handbook for everybody that comes on to TNNAC same as for ACTIA, same
as for TNCIA - study this, learn this - make sure everybody has TNNAC
bylaws, TCA statute, SOP, etc.
Chrisie Moore: When I came on Vicky gave me a 3-ring binder - filing cabinet at home
Marcia Cross: Even if it's available electronically
Herstle Cross: Amen to David. Take a vote on SOP - 2 meetings to review with understanding to change.
Ed Vinson: One problem Vicky had - the amendments bring in a new one
David Teat: Make changes - need to agree SOP can't operate effectively without
Tom Kunesh: Had meeting dedicated to SOP went through piece by piece. In essence, always updated - like Standing Rules.
Doug Kirby: Anything else before adjourn? New members - sign confidentiality/non-disclosure agreement
2.43
Motion to adjourn: Dale Mitchell
Second: Jon Greene
PASSED
5. Closing
A. Public Input
Dale Mitchell: glad you're all here.
Evangeline Lynch: please recap New Business
Patty Beecham: need new meeting place [Recaps votes]
B. Future Meeting Dates:
Sunday - July 13
Saturday - October 18
C. Adjourn 2:50