Tennessee Native American Convention (TNNAC)
Saturday, 18 October 2008. 9:30 am CST
Labry Hall - Cumberland University
Lebanon, Tennessee
By: Patty Beecham, Secretary
A. Prayer: Helen Vinson
B. Roll Call: Patty Beecham
Helen Vinson, Memphis
Ed Vinson, Memphis
Van Lynch, at large (West TN)
Patty Beecham, West TN
Jon Greene, West TN
Doug Kirby, at large (Middle TN), chair
Chrisie Moore, Middle TN
Herstle Cross, Knoxville
Marcia Cross, Knoxville
Dale Mitchell, Nashville
Wally Leary, Chattanooga
Scott Sanders, Chattanooga
Billy Joe Nuckles, East TN
Harold Robinette, at-large (East TN)
Ramona Reece, alternate, Middle TN
James Meeks, commissioner, Middle TN
tom kunesh, commissioner, Chattanooga
Guest
Alan Bell, East TN
C. Welcome and Introductions
D. Review and Approval of Agenda
Doug Kirby - correction, Patty, this is not the first but the second reading of proposed bylaw changes.
Dale Mitchell- in the past, elections were 1st part of New Business
Patty Beecham - bylaw proposals hadn't been submitted in writing before
Doug Kirby - you're right.
E. Election of TNNAC Officers
Wally Leary- move elections to 1st item of New Business
moved to amend agenda - approved
Billy Joe Nuckles- buy a recorder?
Herstle
Cross- Left up to secretary. Should have complete & accurate
minutes. Need prior to meeting. Haven't been accurate in the past, need
to be in the future.
Lot of people going to be asking minutes are going to be extremely important
Ed Vinson- still have problems with sound
Dale Mitchell - One person speaking at a time - otherwise will not work.
Chrisie Moore - When read - unethical after the fact - need correction at reading.
10:05 Ramona Reece arrives
2. Reports
A. Officers' Reports
B. Minutes and Treasurer's Report $487.60 after postage for Midterm Replacement
Patty Beecham - didn't get okay from 2 officers of past minutes as required
Minutes of 12 July meeting
official minutes have to be approved by 2 officers before posting on Website
motion to accept minutes - approved
C. Check-In by Areas
Billy Joe Nuckles - started working on Census.
D. Committee Reports (No proposals received and no action requested unless noted.)
(1) Attendance: Mitchell, Davis - 0
(2) Absentee Ballot: H.Cross, Nuckles - Herstle
Cross- something in principle we would all like to have, but problem is
funding. Unless funding is available, very problematic. Advance advertising also required - without proper financing,
doesn't know how we can move forward doesn't know how it could be in place by next year
Ed
Vinson- wasn't a desire for general use, only used for persons working
at other caucuses or proposed for persons who had a previous record of
attending caucuses - serious illness or work out of state.
Van Lynch- absentee ballots on the caucus level
Chrisie Moore- need standard operating procedures to follow at every caucus
Doug Kirby, Dale Mitchell - there have been absentee votes in the past
Chrisie Moore - TABLE idea : Herstle
Dale Mitchell - SECOND
(3) Sub-Caucus: M. Cross, Mitchell - Marcia Cross - Dale & I haven't got together on anything
Herstle Cross - 2009 elections are for metro areas
Doug Kirby - need guidelines that all caucuses can agree on
Herstle Cross- need direct communication among division's subcaucuses,
need to treat all subcaucuses as one caucus get it ready for meeting in January
Chrisie Moore - We did have communications - Vicky called to find out how it's going.
Van Lynch- need to look at geographic distribution and number of participants
.... groups can overload/run one caucus
Doug Kirby - Waverly to Jackson, how long?
Van Lynch - One hour
Patty Beecham - Jackson center of WTN.
Herstle Cross - Allow sub to be set up for more to participate - run in open manner. Treat as one caucus.
Doug Kirby - Guidelines need to be set up. Ready to go in January. Short on time.
Dale Mitchell- proposed in the past to increase delegates from 15 to 18, alternates to 6
Marcia Cross- going to come up with some proposals at next meeting
(4) Education: Perry, Leary, Sanders, Reece -
Scott Sanders- a training video on caucus information &
participation & leadership, distributed by CD basic ideas, same for
everyone. Instead of having different readings - everyone gets one way.
Easier, yet costly.
Ramona Reece- agrees, appears to be
lots of confusion, hadn't participated in the last caucuses. New
people. Need clear process.
[Summary comment, not a quote: Ramona Reece has ability to do with her TNT Website]
Scott Sanders- distribute via youtube too
James Meeks - SOP is vague, open to opinion
Doug Kirby - Your committee get together?
Scott Sanders - Love to, get with people to re-vap SOP.
[Summary: SOP to video ... so everyone sees & hears the same message]
Wally Leary- SOP is a sequential clarification
Doug Kirby - continue to work on that.
(5) Website: Beecham, Sanders, M.Cross - Patty Beecham- still working on it
Ramona Reece - why no visible link to 2007 SOP? - Who's working on the Website?
Patty Beecham- tom & I
tom kunesh- 2007 SOP not publicly available because it wasn't approved by TNNAC board
(6) PR: Beecham, Greene ñ Patty Beecham - Jon & I need help with PR.
Doug
Kirby - getting the word out, for prospective people coming to the
caucuses - use email contacts to send out notices. If have people in
region send list to Patty.
(7) Genealogy/Indian Preference: H.Cross, Lance (Item D under Old Business) - 0
(Herstle provides handout with possible guidelines on Indian Preference later in
meeting. Look over form and let Herstle know.)
Doug Kirby - Any comments?
Ramona Reece - Have no record of what done in past?
Herstle Cross - No paper trail - I was told.
Ramona Reece - If TNNAC started all over - not anything that tells them. What's TNNAC done in past?
Herstle Cross - Doesn't have records
Ramona Reece - Not in minutes, Patty/
Patty Beecham - Only been taking minutes since January 08
tom kunesh - TNNAC required geno committee. Persons showed to geno committee. Myself, Sandi, John, present to that committee to review. One other did - didn't pass review. In all cases, in minutes of 07. In all cases, people experienced with geno examined records & documents.
Ramona Reece- what were the qualifications of the persons who examined the family tree & evidence
Dale Mitchell- don't need copies of evidence, need a record of the information that was used.
Ramona Reece- documentation used to provide Indian Preference should be available to the public
Dale Mithcell - We can not keep or reveal. State reason why somebody qualifies.
Herstle Cross - How define geno?
Ed Vinson - Organizations that certify.
(8) Midterm-Replacement Review: Kirby, Mitchell, Beecham, Moore - 0
(9) Ethics: Mitchell, H.Cross, Lynch (Item B under Old Business) - 0
(10) SOP: Nuckles, Reece, Kirby, Mitchell, Beecham, Lynch, H.Cross (Item F under
Old Business) - Doug Kirby - Like to step down as Chair to make comments:
1.) Too much back-biting, back-stabbing, what's going on in TNNAC to
others who have no involvement in TNNAC. Problems need to be resolved
without going to a representative, senator, governor,
Internet is not secure .... private business becomes public business
2.) No reason for TNNAC to be an organization without the Commission.
Without the Commission there will be no recognition. Told if the
Commission fails, there will be no recognition. TNNAC needs to be at
the center -
open, transparent means of getting commissioners, need to follow state
guidelines, rules if TCA says we need 5 recognized Indians on the
Commission, it's our job to assure that it does happen have to
recommend that the balance be held as in the guidelines or we're not
doing our job, exposing ourselves to those organizations outside the
state that TNNAC & the Commission are not following the guidelines
not a political body.
Ed Vinson- that's our only job
James Meeks- further what Doug said. Process has worked.
Herstle
Cross- issues inside TNNAC - still have freedom of speech after names
have been decided independently we still have free speech
Chrisie Moore- difficult to separate TNNAC status from personal opinion,
they know who we are.
tom kunesh- it's unethical for TNNAC board of members to offer any opinion on nominees during the nomination process.
Herstle Cross- no, disagree.
Ramona
Reece- senators talking during election process about who they're
supporting. Borderlines on taking away somebody's right to speak can't
say that any body can't say who they're supporting
Ed Vinson - In National election done - in our process (TNNAC) not done.
Van Lynch - Should go with majority vote.
11:33 - 11:54 Break
3. Old Business
Site Reservation, Food Plans and Preparations.
Patty Beecham - Paris Landing -is- available - large pavilion, no price. Waiting on return call from Mizti Gaylord. Has Lodging at Inn, campsite and 2 other motels very close. Restaurants located on site and close by. Paris Landing has Indian significance due to location along the Tenn River - the Trail of Tears water route the Tenn River. Natchez Trace State Park I-40 runs through it. Doesn't have large enough space for convention numbers. Limited parking too. Chickasaw State Park doesn't have the space either, plus no Inn there.
Metro-Area Candidates (Memphis, Nashville, Knoxville, Chattanooga)
1 March Applications Open
30 April Applications Close
Doug Kirby - applications open up on 1 march
vote on schedule as set - MOTION - unanimous
[re-set application closing day: 29 April (exact 60 days)]
13 June Caucuses (Saturday) - 6pm Central / 7pm Eastern
(Review "TNNAC Caucuses: Purpose, Meaning & Agenda" WebPage from 2005 -
www.tnnac.org/purpose-agenda.html)
12 September Convention (Saturday)
Saturday 9am Presentation of Candidates
10am Candidate Forums
2pm Convention
7pm Dinner & Entertainment
Patty Beecham: Need assistance with this.
Dale Mitchell stated he would assist. Chrisie Moore and Doug Kirby as well.
B. Non-Partisanship Resolution (Beecham) (Attachment A)
Doug Kirby - Do we need Resolution is this to do with Code of Ethics?
Herstle Cross- Big grip - TNNAC wanted voice at commissioner meting. So - we're voting on a Resolution that was passed by TCIA. Set very dangerous precedence.
tom kunesh - not passed by TCIA
Van Lynch- Part 8, 9, 10 could be part of code of ethics.
Ramona Reece - 8 & 9 takes constitutional rights away.
Herstle Cross - Take to ethics committee - decide what people can and cannot do.
Dale Mitchell - Study it, decide what to adopt. As far as Resolution, make MOTION not to accept
Ramona Reece - SECOND
VOTE: Motion disapproving resolution 12-2-1
C. NA Elected Representation on Other Boards & Commissions Resolution (Beecham)
(Attachment B)
Ramona Reece- what authority does TNNAC have to do this?
Ed Vinson - We can make recommendations, don't have to have a
Ramona Reece - Why Resolution?
Dale Mitchell - Not prohibited. If helps get more awareness.
tom
kunesh - TNNAC is older than the Commission. it's purpose is to
solicit, promote and run elections for NA representation to & in
the state.
TNNAC is independent of state gov't except as applies to TNCIA.
Doug Kirby- make it a referendum?
Herstle Cross- doesn't know where it would fit.
Scott Sanders- last Convention - Brent ran for state Historical Commission
we've already been doing it
Van Lynch - Maybe we need committee to keep track of Commissions. There has been commission over looked - Board of Education and Textbook Commission.
Herstle Cross - Part of election
Billy Joe Nuckles- unclear about who elects what
Patty Beecham - concerning the various commissions - doesn't always fall at convention time.
Ramona Reece- committee could do it [all essentially]
Herstle Cross- we're not in the business of doing resolutions
Dale Mitchell- internal resolution, create committee
Patty Beecham - would like to be involved
Doug Kirby- and form an internal committee on different commissions that are open
Dale Mitchell -MOTION to accept the resolution as a TNNAC resolution
Ed Vinson - Second
VOTE 9-4
12:56
Billy Joe Nuckles - Definition of internal? - If it's internal, will it be in the SOP?
Doug
Kirby - we will continue to do this and going further with it - only 3
in the past, going more. Just making it a little clearer, going deeper
than in the past.
Patty Beecham- keep up with open positions on boards
Ramona Reece- do we need to amend anything that says that this is internal? A referendum or anything?
1:00 - 2:00 Lunch
D. New/revised guidelines for Genealogy/Indian Preference (H. Cross)
(Tabled from last meeting. No proposal received.)
[Presented earlier]
E. Proposed Bylaw Amendments - FIRST READINGS and votes (Nuckles)
(1) ARTICLE 3. DUTIES - Section 13
DELETE SUBSECTION A. "TNNAC will go to the ACTIA elected members
for that Caucus area in order of their election."
Billy Joe Nuckles - A lot of people expressed concern for that in 05 & 07.
Herstle Cross - Are we changing something TNNAC originally established.
Billy Joe Nuckles - Our people say go to delegate list first, not ACTIA
Dale Mitchell - As long as elected from their area - should stay there. Limited meeting capacity - prepares for job on commission. Elimination would be mistake.
Billy Joe Nuckles - How many voted in?
tom kunesh - 3 from Chattanooga. Middle - James. West - Brent
Billy Joe Nuckles - How many knows that if you run for ACTIA or a delegate knows -
Wally Leary - Not excluding, just not giving preference.
Herstle Cross - why given first place [in reference to ACTIA]
Doug Kirby - Originally to step up - asked to be commissioner.
Dale Mitchell - had people run for both
tom kunesh - section worked out with Vicky and AG. If make any changes, need to run by AG.
Dale Mitchell - Another problem with delegate list - only wanna do during convention election. ACTIA & TNNAC give better chance - more involved than every two years.
Ed Vinson - should be solved when have SOP for convention
Doug Kirby - FIRST READING
Motion to accept.
Vote: 7-7 .... to chair
Revote: 8-7, approved
discussion [essentially established only majority vote needed to approve a proposed bylaw amendment at first reading]
PASSED first reading
(2) ARTICLE 3. DUTIES - Section 13
DELETE SUBSECTION B. "TNNAC will ask the elected active chair,
Vice-Chair, and 1st Alternate of the board for that Caucus area."
Billy Joe Nuckles- TNNAC's position in the nomination wasn't pointed out at last caucus in Kingsport
Doug Kirby - needs to be there
Herstle Cross - Vote called as read to remove.
Dale Mitchell - SECOND
0-unanimous [DEFEATED unanimously]
(3) ARTICLE 6. MEETINGS - Section e: "Quorum consists of two (2)
officers and one (1) other TNNAC board member."
CHANGE TO READ: "Quorum consists of two (2) officers
and six (6) other TNNAC board members.
Doug Kirby- the reason behind this, Billy.
Billy Joe Nuckles- up in Kingsport said they ought to change that so it's not just 3.
Dale Mitchell - How many in Kingsport come to meetings?
Billy Joe Nuckles - We have 4.
Dale Mitchell- reason was low attendance in the past. ... Should be more but not '6'. Better '4'.
Vote: 3-8 dies
F. TNNAC SOP Revision. (Nuckles) (Tabled from previous meeting/s.)
Billy Joe Nuckles - I was on agenda lst meeting to completely re-do SOP.
Asked Patty Beecham- can you get a hold of the 2007 copy?
Red pulled some strings and next thing you know Patty puts out a site where you can pull it off the web.
tom kunesh- 2007 SOP revisions never approved
Ed Vinson- accept 20 October 2007 SOP revision 2007.10.20
Herstle Cross - Each of us need to read to compare - look for any changes - before next meeting.
Vote: 12-0 approved
3:03 - 3:14 Break
chairman: nominations -
Herstle Cross nominates: Doug Kirby- see you as a moderate - pretty good quality as a chair
Van Lynch nominates : Wally Leary
Ed Vinson nominates : Dale Mitchell
16 voters 10-Doug, 5-Wally, 1-Dale
1st Vice Chair
Herstle Cross : Wally Leary
Billy Joe Nuckles : Chrisie Moore- declined
Ed Vinson : Dale Mitchell
Ramona Reece : Marcia Cross
Wally - 5, Dale - 3, Wally - 8 ... no majority
1st Vice Chair
Marcia - 8, Wally - 8, 1 abstention - no majority
1st Vice Chair
Marcia - 9, Wally - 5, 1 abstention - with majority
2nd Vice Chair
Wally - by acclimation - Unanimous
Secretary
Ramona Reece : Chrisie Moore - declines
Patty Beecham -: Dale Mitchell
Ed Vinson, Billy Joe Nuckles-: Patty Beecham- declines, wants to focus on caucus & Convention
Dale Mitchell : Van Lynch
Herstle - no 2nd VP in the SOP (not in Bylaws either)
p 42 of 45 - 2nd Vice Chair
Van - 9, Dale - 7
Patty
Beecham- [Turns over TNNAC funds to Van Lynch. Balance is $490.64 now.]
Keep the postage from Midterm Replacement as small donation.
OFFICERS:
Chairperson: Doug Kirby
1st Vice Chair: Marcia Cross
2nd Vice Chair: Wally Leary
Secretary/Treasurer: Van Lynch
4. New Business
A. Set 2009 TNNAC Meeting Dates.
Sunday, 18 January
Saturday, 18 April
Sunday, 3 may - special mtg
[re-set application closing day: 29 April (exact 60 days)]
Sunday, 19 July
Saturday, 17 October
B. Additional Proposed Bylaw Amendments (Not addressed at previous meetings.)
(Nuckles)
(1) ARTICLE 6. MEETINGS - Section C: "Special meetings may be called by two (2) officers
or four (4) members, and may be conducted by telephone conference or
email. Any business conducted by email must be sent to every board
member."
CHANGE TO READ:
"Special meetings may be called by two (2) officers and six (6) board
members, and may be conducted by telephone conference or email. Any
business conducted by telephone conference or email must be sent to
every board member."
Billy Joe Nuckles - Withdraws New Business (1)
(2) ARTICLE 7. AMENDMENTS - Section e: "Approval of
an amendment to these by-laws requires a two-thirds (2/3) majority of
the members present."
CHANGE TO READ: "Approval of an amendment to these by-laws
requires a two-thirds (2/3) majority of the TNNAC membership.
(2) Proposed Bylaw: changing number of persons required to change bylaw
1-9 failed
C. Implementation of/legislative action on the 2005 approved referendum (Kirby)
(www.tnnac.org/2005/05-TNNAC-referenda.html):
"A) The metro caucus areas and the grand divisions in which they are located shall
be considered separate and equal caucus areas and
B) Nominees shall be eligible for election only for the caucuses in which they are
legal residents, and
C) With the exception of Polk, McMinn and Monroe counties, voters may only vote
in the caucus areas in which they have legal residence."
Doug Kirby - C.) was dropped at convention.
James Meeks - go to Legislature - find sponsor in House & Senate
Doug Kirby - is there something wrong with more than one person presenting? It this TNNAC issue?
Van Lynch - Someone other than commissioners be seen at Legislators
Herstle Cross - Following the Law
Dale Mitchell - Not saying that. Also send to commissioners
tom kunesh - Commission has the job of reviewing without taking to - Lemme go back - reason didn't go forward - would have affected convention - a recommendation to TNNAC Board - the Referendum is. All sorts of law - goes back to 17th Century.
Herstle Cross - Vote here, then take to convention
tom kunesh - Board law
Herstle Cross - TN Law?
tom kunesh - Federal law
Doug Kirby - Do we present it?
James Meeks - Anything that goes to Legislature - I think commission already ruled.
4:30
tom kunesh - No. Not to take action - would screw up elections. Has not been presented. TNNAC said too late for advocacy issue.
Doug Kirby - Do we want to move forward, Yes or No?
Ed Vinson - Get together with TNNAC & TCIA - show unity.
Chrisie Moore - Move forward
12- approved
D. Commission Membership Resolution (Beecham) (Attachment C)
Doug Kirby- read resolution - lots of whereases and therefores
necessary?
TNNAC bylaws already state 5 persons "shall be given" to NAIs
Dale Mitchell- doesn't think it would pass muster of the state attorneys
Herstle
Cross- we are not legislators to propose legislation if a referendum,
should go to Convention. We don't have statutory authority to do this.
Patty Beecham- perception is that TCIA just isn't Indian enough.
Wally Leary - need to prepare 2 lists
Ed Vinson- nothing in the nomination letter that highlights Indian Preference nominees
Ramona Reece - problem is not state statute
Chrisie Moore- Is this an issue that we want to lose on?
Billy Joe Nuckles - Alice & Jimmie didn't submit IP request - wants to know why
tom kunesh - 1. State is out of compliance
2. Delegates don't provide info
3. Commission up for review, can lose on this
Ramona Reece - why write more gun laws when you don't enforce the ones you have?
James Meeks - community thinks TNNAC moves too fast when it comes to filling a Commission position.
Vote: 3 approve, 9 oppose
Chrisie Moore - Middle TN caucus - p 41 of 45
Section 6, no 5: re. Lance Davis re. his absence
Patty Beecham - Lance called. ... but he's not the only person who's absent.
Chrisie Moore - I'm concerned about my caucus.
Herstle Cross - why can't he be called and told to show up or give up.
Ms Van & Doug will get on it.
5. Closing
A. Review Future Meeting Dates
Sunday, 18 January
Saturday, 18 April
Sunday, 3 may - special mtg
[re-set application closing day: 29 April (exact 60 days)]
Sunday, 19 July
Saturday, 17 October
B. Public Input
Doug Kirby - appreciates commissioners' input, sorry TNNAC doesn't have equal input at Commission meetings we allow them to say their peace.
Ramona Reece - commissioners' input adds to the meeting's length.
A tad insulting when they continue to try to convince the board after the board has made a decision.
Patty Beecham - appreciate tom & James coming to the meetings.
C. Adjourn 5:12
________________________________________________________________________
Attachment A
Non-Partisanship Resolution (Beecham)
1. Whereas:
TNNAC's purpose is to democratically elect representatives from
the Native American community to represent Native American interests in
and to the State of Tennessee; and
2. Whereas: As an organization charged with electing
community representatives, TNNAC's boards and actions must be fair,
objective and non-partisan; and
3. Whereas:
TNNAC's Code of Ethics states that "It is our sacred honor to protect
and promote public trust and confidence by our conduct of accurate and
fair elections"; and
4. Whereas: Each and every person elected or
appointed to the TNNAC board is individually and collectively
responsible for the integrity of the election and nomination process;
and
5. Whereas: Private and public comments and
efforts made by TNNAC board members to influence others in support of
one or more candidates demonstrate bias, subjectivity and partisanship,
destroy trust in the fairness, objectivity and non-partisanship of the
TNNAC election process;
6. Whereas: The use of a position of public for private benefit is a violation of election ethics; and
7.
Whereas: Advocating personal and/or political agendas in
performing official TNNAC duties is a grievous conflict of interest;
8. Therefore: Be it resolved by the TNNAC board that TNNAC
board members are prohibited from commenting on, discussing or
endorsing individual or groups of candidates or nominees in public or
in private, except by personal ballot, from the period beginning with
the announcement of their election or appointment up to and including
the TNNAC board meeting following their resignation or replacement; and
9. That TNNAC board members are prohibited from contacting
Tennessee legislators on Native American issues in the state without
the prior notice to and consent of the TNNAC board; and
10. That
TNNAC board members shall not disclose or use any privileged or
proprietary information gained by reason of his or her official
position for a purpose which is for other than a TNNAC purpose;
provided, that nothing shall prohibit the disclosure or use of
information which is a matter of public knowledge, or which is
available to the public on request.
______________________________________________________________________
Attachment B
NA Elected Representation on Other Boards & Commissions Resolution (Beecham)
1.
Whereas: There are state agencies that specifically
suggest, endorse or need Native American Indian representation within
such agencies (i.e., state Archaeological Advisory Council, state
Historical Commission, state Human Rights Commission); and
2. Whereas: TNNAC believes that it is in the best
interests of the statewide Native American Indian community to be
informed of the existence of these positions and the opportunities for
Native American Indians to be appointed to them; and
3. Whereas: TNNAC believes that the democratic
selection process is best able to nominate persons to these positions
that represent the majority interest of Native American Indians in
Tennessee; and
4. Whereas: Appointment to these state agencies does not follow the standard TNNAC two-year election cycle;
5. Therefore be it resolved that TNNAC review the membership
opportunities for Native American Indians on all state agencies' board
and commissions; and
6. That TNNAC determine when positions may
be available and notify the Native American Indian community of such
future possibilities; and
7. That TNNAC solicit candidates for such positions and solicit
such candidate's participation in the TNNAC nomination and election
process.
________________________________________________________________________
Attachment C
Commission Membership Resolution (Beecham)
1.
Whereas: The number of members of federally-recognized
tribes on the state Commission of Indian Affairs has decreased from
four (4) of seven in 2003 (Teri Rhoades Ellenwood [Cherokee], John
Anderson [Tuscarora], Evangeline Lynch [Choctaw], Jimmy Reedy
[Muscogee]) to currently one (1) of seven in 2008 (Jeanie Walkingstick
[Cherokee]); and
2. Whereas: The number of members of state-recognized
tribes on the state Commission of Indian Affairs has decreased from one
(1) of seven in 2007 (David Teat [Cherokee-AL]) to currently zero (0)
of seven in 2008; and
3. Whereas: The number of members of Tennessee
state-recognized individuals on the state Commission of Indian Affairs
has decreased from one (1) of seven in 2007 (Ruth Knight Allen) to
currently zero (0) of seven in 2008; and
4. Whereas: The number of persons with Indian
Preference on the state Commission of Indian Affairs has decreased from
six (6) of seven in 2003 (Teri Rhoades Ellenwood [Cherokee], John
Anderson [Tuscarora], Evangeline Lynch [Choctaw], Jimmy Reedy
[Muscogee], Ruth Knight Allen, John Hedgecoth) to currently three (3)
of seven in 2008 (Jeanie Walkingstick. tom kunesh, James Meeks); and
5. Whereas: Any decrease in the number of members of
federally - and state -recognized tribes and of persons qualified for
Indian Preference indicates a similar decrease in the Native American
Indian community's, state administration's and legislature's, and
general public's perception of the Commission of Indian Affairs as
legitimately reflecting the interests of all Native American Indians;
and
6. Whereas: The last two appointments to the state
Commission of Indian Affairs ignored qualified nominees with Indian
Preference from a federally-recognized tribe (Evangeline Lynch,
Choctaw) and state-recognized tribe (Helen Vinson) in favor of
individuals without Indian Preference; and
7. Whereas: Several legislators have expressed their
concern that the future of the state Commission of Indian Affairs
depends on its perceived legitimacy in representing the majority
interests of members of federally- and state-recognized tribes; and
8. Whereas: The use of blood quantum to determine
Native American Indian identity is an antiquated method of racial
categorization; and
9. Whereas: The use of blood
quantum to determine Native American Indian qualification for
appointment to a state agency has been determined by state attorneys to
be a racial qualification and in violation of the federal Civil Rights
Act of 1964, Title VI, and the state's anti-racial-discrimination law;
and
10. Whereas: Citizenship in a Native American Indian
or Alaska or Hawaiian Native tribe/nation/community is considered a
political qualification;
Therefore be it resolved by the TNNAC
board that the following amendments to Tennessee Code Annotated
4-34-104 -- the law governing members of the Commission of Indian
Affairs -- be submitted to the state Commission of Indian Affairs for
review and submission to the state legislature for consideration in the
2009 legislative session:
Amend 4-34-104. Members.
1. From: (a)
The Tennessee commission of Indian affairs shall consist of at
least seven (7) members as follows:
(1) One (1) member from each of the four (4) metropolitan areas:
Shelby, Davidson, Knox and Hamilton, and counties contiguous thereto;
to read: (a) The Tennessee commission of Indian affairs shall consist of at least seven (7) members as follows:
(1) One (1) member from each of the four
(4) metropolitan areas: Shelby, Davidson, Knox and Hamilton, and
counties contiguous thereto, who shall be members/citizens of
federally- or state-recognized Native American Indian nations or
tribes, or their descendants up to and including the second generation
of such a member/citizen;
2. From: (2) One (1) member from each of the three (3) grand divisions of the state; and
to
read: (2) One (1) member from each of the three (3) grand
divisions of the state, who shall not be members of federally- or
state-recognized nations/tribes, two (2) of whom shall have Indian
Preference; and
3. Add: (a) (3) Members shall be appointed on a nonpartisan basis.
4.
Add: (k) A commissioner who is absent from three
(3) or more regularly scheduled meetings in the course of the
commission's calendar year may be removed from the commission by the
governor.