TRANSCRIPT OF PROCEEDINGS OF THE COMANCHE BUSINESS COMMITTEE SPECIAL MEETING AUGUST 31, 2010, 4:10 P.M. COMANCHE NATION BUSINESS CENTER LAWTON, OKLAHOMA __________________________________________________ REPORTED BY: KELLY STOABS, CSR DODSON REPORTING & ASSOCIATES 435 NORTH WALKER, SUITE 102 OKLAHOMA CITY, OKLAHOMA 73102 (405) 235-1828 ~ (405) 235-1266 (FAX) dcri@coxinet.net A P P E A R A N C E S COMANCHE NATION BUSINESS COMMITTEE MEMBERS: Michael Burgess, Chairman Richard "Bunky" Henson, Vice-Chairman Robert Tippeconnie, Secretary-Treasurer Ronald Red Elk, Committeeman #1 Mark Wauahdooah, Committeeman #2 Darrell Kosechequetah, Committeeman #3 Clyde R. Narcomey, Committeeman #4 LEGAL COUNSEL: William Norman, James Burson Hobbs, Straus, Dean & Walker * * * * * * 3 INDEX OF PROCEEDINGS PAGE Meeting called to order at 4:10 p.m. 4 Roll Call. 4 Invocation. 5 Motion passed to approve Resolution #102-10/Development & Compliance. 5 Motion passed to approve Resolution #103-10/Higher Education. 26 Motion passed to table Resolution #104-10/Irregular Disbursement. 34 Motion passed to amend agenda. 38 Motion passed to approve Comanche Nation College capital improvements in the amount of $21,000.39 Comanche Nation Elders Center Nutrition Center board sworn in. 50 James Kowena/37 acres to sell. 50 Fire program/TERO Office. 54 Gaming Commission Appointment/Ed Tahah appointed as chairman. 60 Motion passed to readvertise for Economic Development board positions. 74 Motion passed to adjourn. 77 Reporter's Certificate. 79 Secretary/Treasurer's Certificate. 80 * * * * * * August 31, 2010 - August 31, 2010 (Meeting called to order at 4:10 p.m.) MR. BURGESS: Thank you, ladies and gentlemen. We're going to come to order here and do a roll call. Everybody's invited to come sit up close, because our eyes are getting bad. I promise we won't spit, no paper wads. Just because you're in a choir doesn't mean you have to sit back there. Bob, would you give us a roll call? MR. TIPPECONNIE: Michael Burgess? MR. BURGESS: Here. MR. TIPPECONNIE: Richard Henson? MR. HENSON: Here. MR. TIPPECONNIE: Robert Tippeconnie? Here. Ronald RedElk? MR. REDELK: Here. MR. TIPPECONNIE: Mark Wauahdooah? MR. WAUAHDOOAH: Here. MR. TIPPECONNIE: Darrell Kosechequetah? MR. KOSECHEQUETAH: Here. MR. TIPPECONNIE: Clyde Narcomey? MR. NARCOMEY: Here. MR. BURGESS: All present and August 31, 2010 - August 31, 2010 accounted for, then. I'm going to ask my friend here, Beth, Ms. Glazebrook, would you say a prayer for our meeting at this time? MS. GLAZEBROOK: (Invocation.) MR. BURGESS: Thank you. We will not -- we don't have the minutes from the last month's meeting. That will be at Saturday's. So we'll move forward to Item Number V in your little packet there, fellas, first being Resolution Number 102-10. As some of you know, paid attention, we previously had brought this forward last fall, almost a year ago. It took us a while to pass it. It was passed and then summarily closed in February or so. So I'm bringing it forward again asking for y'all's support. We heard from the two outgoing CBC members that what was needed and what would help the tribe a lot was planning, research, development, compliance and budgeting. That's what this department, compliance and development department, was all about. So we asked for a motion to pass this and re-institute our compliance and development department. We're coming again to the season from the federal government that we need to be putting August 31, 2010 - August 31, 2010 grant contracts out, trying to get more funding brought in. Instead of using $20 million from the nation's gaming, we should be using $20 million from the federal government for programs and support services for the community. MR. HENSON: Tell us what position it will be. MR. BURGESS: Position will be a development officer. It would be a development officer, budget analyst, it would be a compliance officer, and then in that position would be the grant facilitator. And they will most likely need an administrative assistant, executive assistant, if you want to call it that. MR. TIPPECONNIE: Staff. MR. BURGESS: Staff person. And this would be funded -- we had it totally funded with our indirect cost structure. So that's part of our administrative programming. This would be our executive office staff to help us do a lot of review, resource finding, resolution on analyzation of budgets and policies and procedures. Having a compliance officer who would help us develop policies for our programs, for instance, our social service programs. August 31, 2010 - August 31, 2010 MR. HENSON: Mike, the other question I want to ask, because of the compliance officer, is this whole office going to answer to the CBC or the TA? MR. BURGESS: Well, I prefer it answer to the CBC. MR. HENSON: Well, it's got a compliance officer. At least that one should answer to the highest power there is. MR. BURGESS: The reason I'm saying the CBC is that we are in charge of planning future development and overseeing programs anyway. And with the tribal administrator position, our structure as it is, I tell you, it's going to take three tribal administrators to do what we need done if we keep with our old structure. We've really got to go back into that reorganization and that restructure. With five people doing the job of one, it's going to be easier and smoother to stay on top of things. Compliance office, outside of the direction we're going, with four or five sets of eyes helping us to see that we're meeting our goals and objectives that are in the grant programs, and that will surely keep us from August 31, 2010 - August 31, 2010 falling into the trap we fell into the previous 13 years. MR. HENSON: Is one of these going to be the director of that office? MR. BURGESS: Actually, as a group I think we'll have a team effort. Therefore, we shouldn't run into any turf battles. That's what I'm trying to avoid. We get into that. MR. HENSON: I make a motion we pass. MR. TIPPECONNIE: Before -- well, I was going to raise a question. You're making a motion. Should I reserve my question? MR. BURGESS: Well, it's up to you. MR. TIPPECONNIE: I just want us to read for sure that we're comfortable with -- if you go to the next-to-the-last "Therefore be it resolved," it says -- the second sentence -" re-establish the office of compliance and development, which will be under the direction of the business committee." Then we have here through the office of the tribal administrator. I'm just raising a question so we, you know - MR. BURGESS: I know you are. That's why - August 31, 2010 - August 31, 2010 MR. TIPPECONNIE: Is this under the CBC? MR. BURGESS: I prefer it to be under the CBC directly. MR. TIPPECONNIE: So if it is, it seems we would strike that title, then? MR. HENSON: Strike tribal administrator? MR. BURGESS: Questions again? MR. TIPPECONNIE: It may be coordination with. Maybe it should be it can coordinate with the office. MR. OWENS: That particular group, are they under the nation? MR. BURGESS: They would be. They would follow all policies and procedures. See, they're not over any specific program that services the community. They're outside that scope. MR. HENSON: So it would be indirect cost. MR. BURGESS: They'd have to meet -these would be salaried positions, other than the administrative assistant. MR. OWENS: This is a concern. This August 31, 2010 - August 31, 2010 is just me talking, not acting or what have you. But an employee that is under our HR but answers to a board or a committee, and does that staff employee have rights as far as an appeal if something was done wrong? How is it going to be handled as far as HR? We're going to run into that. It's a problem we've already ran into it. MR. HENSON: I think HR policies and procedures cover that, but if they don't, all we have to do is amend it. MR. OWENS: If you throw the tribal administrator in there and that person does not agree with what the business committee -- they want to recommend termination or what have you, then you've got a problem. Who supercedes who? That's why it's a good deal to strike that position out of there. MR. WAUAHDOOAH: Which position? MR. TIPPECONNIE: The tribal administrator. MR. HENSON: Tribal administrator is what he's talking about. MR. TIPPECONNIE: Should we say, though, coordinates with the office? I just raise a question. August 31, 2010 - August 31, 2010 MR. HENSON: That has to be done -everything that's done with this office has to go through the TA because he's going to be involved with all the change. MR. TIPPECONNIE: So coordination - MR. BURGESS: The coordination is more effective. MR. KOSECHEQUETAH: There's a difference between go through and coordinate with. MR. TIPPECONNIE: Because then you give some authority to the TA. It becomes a conflict. MR. BURGESS: It becomes a conflict because what if compliance finds an issue with the TA's operation and then reports that and then is told you can't report that? MR. HENSON: That's why I'm saying the compliance officer can't answer to the TA. They have to answer to the highest authority. But on the other hand, the TA should be involved in all the planning and everything that that office does, because it's going to effect the tribal government. MR. TIPPECONNIE: So are you comfortable with coordinates with the tribal August 31, 2010 - August 31, 2010 administrator? MR. BURGESS: I'll be comfortable with that. MR. TIPPECONNIE: Just coordinates, that's not saying it has any authority to supervise it. MR. WAUAHDOOAH: Who does it report directly to? MR. TIPPECONNIE: The business committee. MR. WAUAHDOOAH: It's got to be the business committee? MR. OWENS: Well, I'm still waiting on an answer on this HR. You're going to staff these people and you used the term staff, like administrative assistant. You're going to run into issues here. MR. HENSON: That would only take one sentence to amend the HR policies if it's not in there already. Because of the police department, it may be in there already. MR. OWENS: I'm not trying to argue with you guys, I'm just trying to bring up a point. MR. HENSON: No, that's what I'm August 31, 2010 - August 31, 2010 saying. The police department's under the same thing. They're under the HR policy, too. So it might be in there already. UNIDENTIFIED SPEAKER: Mr. Chairman, when someone is speaking from the floor, would they introduce themselves? Like I don't know this young man who's speaking. Would that be a - MR. BURGESS: This is Mr. Will Owens, our acting tribal administrator. His position has been for five years with our transit and transportation department. Mr. Will Owens, acting TA. UNIDENTIFIED SPEAKER: That's what I wanted to see. MR. OWENS: Yes, ma'am. MR. BURGESS: I understand your question, Will, and it's not something that's easily stated. But the history of things, knowing that for 13 years we did without compliance, development, research, planning, that's what has hurt us, because we didn't have another set of eyes, just the CBC, to see that all programs are meeting obligations. So in the past six years, the tribe got away, management got away from reports that we August 31, 2010 - August 31, 2010 needed. Therefore, the funding fell out and the tribe didn't -- when you have a third set of eyes, this department is that. And their duty as budget analyst and compliance officer would be working together to see that our policies meet what the federal guidelines are asking. And sometimes our policies might be more stringent for any specific reason, such as water quality control, maybe for transit rules and guidelines on the bus. We need to have someone viewing those policies and that development, doing that research for us. So we need this department. And it's been stated in the past and on the floor here recently that we need more grants, we need to have more grant writers. And right now, with the cadre of consultants, we cannot always meet the grants that we're eligible to go for because we're just using one or two at a time. Yes, Mark. MR. OWENS: If I may add, I'm on the advisory board of the Oklahoma Department of Transportation. It is not unheard of for any tribe to have a planner. You mentioned the word planning. There is a planner position that is paid out of 638 out of transportation. It doesn't always pertain to transportation issues. But when August 31, 2010 - August 31, 2010 you do roads and bridges in your community or what have you, there's plenty involved. Let's just say that unfortunately the Red River, the casino, or the Lawton casino, traffic studies may not have been done at that time. And now we're running into issues where we have to improve because of the -- what do you call the temporary light over there, Bob, in Lawton? There's traffic in Randlett. So that position as a planner, it's not unheard of if you put in the transportation realm that monies -- or the salary can come from -- not all of it -- can come from your 2 percent planning. That's where my salary comes from. I'm not advocating for this position, I'm just trying to tell you, you don't have to go out. There's various ways of funding this if possible. MR. BURGESS: That would be one position. MR. OWENS: Right. That's just one position. MR. BURGESS: That could be our development officer who would serve as the planner. August 31, 2010 - August 31, 2010 MR. WAUAHDOOAH: Mr. Chairman -Mr. Secretary/Treasurer, re-read that paragraph that says, "Therefore be it resolved the Comanche Business Committee..." MR. TIPPECONNIE: I'll go back to that. "Re-establish the office of compliance and development, which will be under the direction of the Comanche Business Committee and coordinates with the tribal administrator," then go on for those different items. MR. HENSON: Coordinated with. MR. WAUAHDOOAH: So this has been seconded? MR. KOSECHEQUETAH: No, not yet. I'd like to -- when we did these positions before, it seems as though some of the position descriptions and requirements were really close. It seems as though they were almost overlapping duties. Do you recall that? As if the position of two could have been one. In fact, I heard a comment from somebody saying, "I could do both of those positions at the same time." I'm wondering if that needs to be -we need to, before we pass this -- I'm going to make a motion to table it. One, based on for us August 31, 2010 - August 31, 2010 to go back and look at the position descriptions again. MR. BURGESS: There's already a motion on the floor. MR. KOSECHEQUETAH: I understand. Second, to get clarity on the HR status, to see if that's implemented. If that is the concern that the TA had there, if it allows for that in our HR policies. But it seems as though we need to look at this a little bit further. I'm in support of these positions, Chairman. I told you that before. I just think we need to look at it a little bit more before we move. MR. HENSON: All we did on those position descriptions last time is we let HR develop that. We wasn't involved in it. And we should be involved in it. MR. KOSECHEQUETAH: That's my point. MR. HENSON: And that doesn't have to be waited on. We could go ahead and pass this, but the position descriptions will come out of CBC since they're going to be working with us -- I mean for us. So that's not going to be a problem. MR. TIPPECONNIE: Well, one thing this resolution establishes is the action, but it August 31, 2010 - August 31, 2010 doesn't list the number of positions. I think something that Darrell is raising is a good point. You know, if positions can be combined to make it a full work year, you know, that is smart. Because some of these maybe can be combined. See, that's five positions. Well, the assistant's different, but four primary positions. MR. BURGESS: I think y'all have found out that just the grant facilitator -- and some people had the impression that our grant facilitator was the grant writer. That's not the position. With some of the directors trying to write their own grants, we weren't successful, even though the grant facilitator tried to edit and get it done. When you have three or four grants with a similar deadline within a week's time, you can't get that done. That's where a development officer who is more like a planner and grant writer will be working on several of those. And then finding out that some of the budgets people submitted, we didn't always have correct information. Some of them didn't understand the budget process. Now, mind you, these are some people who have been working here three to five years long and they should know August 31, 2010 - August 31, 2010 this. But, still, they don't get it right. You can't always throw out the baby with the wash if the baby's getting a little upset. So that's why -- it's a good question, but we went through these questions two months last year. Here we are a year later coming back with the similar and same questions. The process is not any different. They will be hired by the HR policies. They will be employees of the tribe. All except the administrative assistant will be exempt so that we have them work. If they have to work 12 hours a day for three weeks to get a grant in, that's what they have to do. But, remember now, Bob, you tried to say that, okay, let's combine budget analyst and compliance officer. But if you sit down with Keith Yackeyonny, our finance officer, you ask him how much time does it take to do a couple of three budgets here, see if we have the same time to check rules and regulations, CFRs to see if we're in compliance, or needing new policies to meet compliance. For instance, the reintegration program. We tried to submit a grant for that, but come to find out, there were a lot of August 31, 2010 - August 31, 2010 prerequisites, things required before we could even apply that we didn't have in place. That was a year ago. If we had a compliance person just researching all that, setting up required meetings in the community, doing research, networking agreements, MOUs with other agencies, we could have applied for that now. But we can't because we don't have somebody just working that side of the compliance areas. So we can't even qualify to do this grant. That's why we're using our own money when we could have had somebody doing this and setting up the meetings and going on. So we need help. We need executive administrative help to do some of these things. MR. BURGESS: Clyde has a question. MR. NARCOMEY: Mr. Chairman, you said earlier when you first started, you said that we voted on this before. Is this the resolution that we passed to hire a CPA or a compliance officer? MR. BURGESS: Just a compliance. Somebody who knows the policies, guidelines. MR. NARCOMEY: That one you're talking about, that don't have nothing to do with this? MR. BURGESS: Not a CPA. Not August 31, 2010 - August 31, 2010 required. That would have been our finance office. We announced that. I don't know what happened to it. One person applied. MR. NARCOMEY: We still need it. MR. BURGESS: We still need it. MR. NARCOMEY: We still need a CPA. MR. BURGESS: Keep this guy out of daily jeopardy. MR. TIPPECONNIE: There's always daily jeopardy. Well said. MR. HENSON: I might say one thing about establishing this office. I've been on this CBC for over a year now and we've been talking about a lot of stuff. We've been wanting to get a lot of stuff done. And we got things going in so many directions that it takes time for us to move. An office like this is very important to us right now. They could do the development, they could help us with the budget, compliance officer with getting us back in compliance. And then, of course, the grant facilitator, that's really important. So this is really an important office just for the CBC. MR. TIPPECONNIE: Well, for the nation. August 31, 2010 - August 31, 2010 MR. HENSON: Yeah, for the nation. But what I'm saying is, it will help the CBC go toward one direction a lot more than we've been going. It's very important. And I'm with Darrell over there, that, yeah, we need to take a look at these position descriptions and find out exactly what they need to do. But that's going to be up to the CBC. We have to all set and discuss it, what it is and what we want out of that program. Ron's not new, but Mark's new and he hasn't really went through the experience that we've went through in the last year in trying to get somewhere and get something done. It's very important that we get this, get it started. I could see the development officer and the compliance officer very, very, very important, especially with some of the development that we want to do. MR. TIPPECONNIE: One thing if we pass the resolution is, and it's stated with this amendment and the coordination there, you know -we re-establish -- like the last "Therefore now," we re-establish that office. We call it compliance and development. The name could be development and compliance. Anyway, compliance August 31, 2010 - August 31, 2010 and development, but we're not saying numbers of positions, which gives us some flexibility to look at the PDs. It gives us flexibility. We can say no, but once we see the, you know, PDs, then we can evaluate that. MR. BURGESS: And we're not able to bring anybody on until after October 1st. So acting now gives us two or three weeks lead time, refine that, get the PDs announced and give it two or three weeks of advertisement time and collecting resumes and applications to come in. MR. HENSON: I want to renew my motion with the change of coordinator with the tribal administrator office. MR. TIPPECONNIE: And coordinates with? Okay. MR. HENSON: Yes, coordinates with. MR. WAUAHDOOAH: I'll second that motion. MR. TIPPECONNIE: Could I have a chance to make a question? I feel, you know, planning and development, if you put planning and development, I think that's very key. So I just suggest we reverse the office, call it the office of development and compliance. August 31, 2010 - August 31, 2010 MR. BURGESS: Okay. MR. TIPPECONNIE: If you go along with that. You made the motion. Office of development and compliance. I'd put development before compliance, because that's where we develop everything and then we comply. MR. BURGESS: Is that all right with you? MR. HENSON: It don't make that much difference, it's still going to be the same office. MR. TIPPECONNIE: It just puts a picture in my head, though. MR. WAHADOOAH: Robert, I second that motion. MR. BURGESS: Motion stands with the recommended change in title of development and compliance office. All right. Call for the question. MR. WAHADOOAH: Discussion? MR. BURGESS: Discussion? MR. WAUAHDOOAH: I'm going to recommend that soon after, if it is passed, that we get a job description for these things. MR. BURGESS: We have them. August 31, 2010 - August 31, 2010 MR. WAUAHDOOAH: We do? MR. HENSON: We have some. We just need to look them over. MR. WAUAHDOOAH: And the definition for each office, a little more defined. Can you call a special meeting for that? The department as a whole. Right now, it appears to be abstract right now. I like this idea, but I think some people really want something more specific. MR. HENSON: We went through this once before, Mark. We had all the stuff and then it came back and it was passed once before to develop this office. MR. NARCOMEY: Got a good question. Where's the money going to come from to pay all these people? MR. BURGESS: Indirect costs that we get off of every program that we get funded for. MR. HENSON: It's actually not going to cost the nation. It will cost all the programs. MR. TIPPECONNIE: It services all programs. MR. OWENS: Thank you. MR. BURGESS: It services all August 31, 2010 - August 31, 2010 programs. MR. TIPPECONNIE: Services the nation and all programs. MR. BURGESS: Call for the question? MR. HENSON: Call for the vote. Are you satisfied, Mark? MR. WAUAHDOOAH: Yes. MR. BURGESS: All those in favor signify by saying "aye". (Aye.) MR. TIPPECONNIE: Seconded by who? MR. BURGESS: Seconded by Mark. All those opposed, same sign. All those abstain, same sign. Okay. That passed. Item Number 103-10, resolution for higher education. Resolution reads, "Whereas, the Comanche Business Committee is the duly elected official body designated to conduct business for and on behalf of the Comanche Nation, and "Whereas, the Comanche Nation Higher Education program receives Comanche Nation gaming monies in addition to Bureau of Indian Affairs funding. "Therefore be it resolved, that the Comanche Business Committee deems it necessary to August 31, 2010 - August 31, 2010 use a majority of CNG monies to fund higher education students who meet program criteria and do not receive a Pell grant." The reason this is coming forward is that the original resolution on the floor stated the money was to assist the Comanche Nation students who did not receive a Pell, and we want to continue that. But there's been ancillary additions to use of the monies. We're finding out a lot of students are not being funded, but we're trying to serve as many students as possible. That's why we changed the word from portion to a majority of. The majority of the funding should go to college graduates. Now we're serving undergraduates and graduate students. We're being approached by a lot of graduate students to help them pay for internships. So that's a whole new development, but they're all students. So we're trying to make sure we have enough money to serve those needs. MR. HENSON: Isn't that also on the grants, we get funding of 638 monies? MR. BURGESS: The 638, basically we're not funding graduate students. It's usually for under grad. August 31, 2010 - August 31, 2010 MR. HENSON: The Pell? MR. BURGESS: Uh-huh. See, this doesn't just discount technical students either, because they can receive Pells. It just depends if they want to. But we're finding that a lot of students are losing money, being charged late fees for not having their money in on time, so we're trying to push that forward. And we're also going to be looking at the budgets later on, so - MR. HENSON: I'll make a motion to pass. MR. BURGESS: Motion made to pass. Is there a second? MR. TIPPECONNIE: Who seconded that? MR. BURGESS: No one yet. MR. TIPPECONNIE: I'll second it. MR. BURGESS: Second by Mr. Tippeconnie. MR. NARCOMEY: How much money are y'all talking about? MR. HENSON: CNG monies that they get, just the regular budget. MR. BURGESS: All the CNG monies they receive is 2 million. MR. WAUAHDOOAH: The same budget, I August 31, 2010 - August 31, 2010 guess? MR. HENSON: Yeah, the same budget. MR. WAUAHDOOAH: Just opening up the eligibility. MR. KOSECHEQUETAH: Okay. I'm confused. Who is this helping that it isn't currently helping? People who don't receive the Pell? You said something about higher education. Whether it's master's -- you're not talking about master's? MR. BURGESS: BIA only helps you as an undergraduate student, and if you get a Pell, you have to qualify for the Pell. MR. KOSECHEQUETAH: Oh, okay. They want to help you if you get a Pell? MR. BURGESS: This money is to help those students who want to go to school but don't get a Pell who end up taking out loans. What happens is, if you don't get a Pell, you do get BIA funds. MR. KOSECHEQUETAH: So we weren't currently giving people who did not qualify for a Pell any money? MR. BURGESS: We were. MR. TIPPECONNIE: We were. August 31, 2010 - August 31, 2010 MR. BURGESS: We were. Now we're helping graduate students because BIA doesn't help grad students, and many of them have to take out loans. So we're helping grad students. In addition, they've been helping vo-tech students. Some did take a Pell, some didn't. So we have to make sure they follow this guideline. This was what was done on the floor. We researched that and that's why we want to reinforce this. MR. TIPPECONNIE: When he says the floor, he's talking about tribal council. MR. BURGESS: So this is what the tribal council voted for year after year. MR. KOSECHEQUETAH: Is this something our higher education director is on board with or something that we just brought forward to her? Is it instruction to go in this manner? MR. BURGESS: This is reiterating what was done on the floor. This is just following the floor, because there's some differences that were done. MR. TIPPECONNIE: But it is instruction? MR. KOSECHEQUETAH: But it is August 31, 2010 - August 31, 2010 instruction? MR. BURGESS: It is instruction, yeah. She'll be coming to us here Saturday with a request. MR. KOSECHEQUETAH: Oh, okay. MR. WAUAHDOOAH: Do you know how much percentage increase as for number of students? Vocational training students, how many more is this going to add? MR. BURGESS: It's not going to add any more, because over the last two years they've gone from about 500 to 740 students as of last month in July. I say July, I mean last month. That's the total they have. And of that number, approximately 250 to, I want to say, 300 were on CNG funds. The majority were on BIA funds. And the BIA gives adult education, they give job training placement money, and so there's two avenues that are currently around 60, $70,000. MR. WAUAHDOOAH: We weren't funding graduate students at that time? MR. BURGESS: We weren't. MR. WAUAHDOOAH: So there will be a percentage increase then? MR. BURGESS: No, we've been funding August 31, 2010 - August 31, 2010 graduate students. We have been funding them out of CNG. But I don't think it's increased that much. Remember now, historically, probably only one-quarter of a percent of the graduate students get their bachelor's. So we're a small number. We need to look at this. MR. WAUAHDOOAH: I don't know what the numbers are, but I know graduate students have a tough time getting monies. MR. BURGESS: Yes. We've always recommended, --I think they were getting 3,500. And, see, the BIA is recommending that we give 2,750. 2,500 is what we currently give. We match the BIA. But that's been the same thing since 1977. MR. WAUAHDOOAH: Mr. Chairman, I support this resolution. MR. TIPPECONNIE: Call for the vote. MR. NARCOMEY: To me, if we're going to have this budget cut that we're talking about, and they already got a line item for the higher ed already. MR. BURGESS: BIA? MR. NARCOMEY: The line item on the budget for higher ed. It seems to me like we're August 31, 2010 - August 31, 2010 just giving them more money already than what we're giving them. MR. TIPPECONNIE: It's still within the budget. MR. HENSON: It's still the same budget. MR. NARCOMEY: Oh, it's still within the budget? Then why did we have to go through all this then if it meets the budget? MR. HENSON: This is a way to disburse it a little better. But it's the same budget. It's no more money. MR. BURGESS: What has happened, some of the students missed the deadline. Darrell sent his application August 15th. It got here by September 1, a few days after the deadline of the 31st or the 30th. He's discounted, he's not even considered. We want them to come back and start looking at those late applications and fund them after everyone else is funded and come back and get the grant money. That's not been happening. So this tells them the majority to do that. MR. WAUAHDOOAH: Mr. Chairman, I call for the vote. MR. BURGESS: Call for the question August 31, 2010 - August 31, 2010 here. All those in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. Motion passes. Resolution Number 104-10. This resolution will authorize the CBC to authorize the Comanche Nation Gaming Board to make an irregular gaming disbursement to the Comanche Nation in the amount of $35,000 to cover for the cost of the capital improvements program to apply a new roof, called a thermal elastic roof coating, to the Comanche Nation Lawton Casino. This will be done before September 30th, and this is to reimburse our expenses for staff to do that job for them. MR. TIPPECONNIE: To pay for the job. MR. BURGESS: Pays for the job. So it's actually a cost of their operations. They found that to be the lowest cost possible to do it that way, as opposed to a couple that were almost three times the cost. It's about a $75,000 job. So they were given 40 percent up front, 30 percent when they finish, and then the balance when the inspection's done. MR. HENSON: But no more than 35. August 31, 2010 - August 31, 2010 MR. BURGESS: Go ahead. MR. NORMAN: Is there any reason why this needs a resolution as opposed to just a payment from the gaming board? MR. BURGESS: That's what we asked. That's what we're asking. MR. TIPPECONNIE: The board wanted a resolution, the gaming board. MR. BURGESS: And our assumption is it's not coming from the RAP, it's coming from operational. MR. NORMAN: If it is an operational expense of theirs and they made the decision to utilize your folks to provide the service to them, I'm not sure there's a reason for this resolution. And to call it an irregular disbursement is problematic. That doesn't sound like it's an irregular disbursement. MR. HENSON: We asked the same thing. They wanted a resolution. I don't know where irregular came from. MR. WAUAHDOOAH: Is it possibly prompted by the commission who requires vendor licensing? Would it have anything to do with that, because they're doing business with the August 31, 2010 - August 31, 2010 tribal program? MR. NORMAN: I suppose that's possible, but I'm still not sure that this would resolve any concern about vendor licensing. MR. TIPPECONNIE: We can table it to Saturday and get back to them. Now, I know the point when they use this terminology of understanding that it's coming from gaming, is that if it's regular and it's not within operational, you know, that makes another question. You can't use that. Because then it becomes part of the RAP. So it is, as I understand, within their operations. MR. NORMAN: I think we're saying the same thing. MR. TIPPECONNIE: But their disbursement doesn't come to the nation. That's what they're saying. Disbursement doesn't come to the Comanche Nation. It stays within the casinos as monies to be expended for operations. So they're using the words irregular and they're using the words -- I mean, requiring the resolution saying it's going outside their normal community. I can see your frown there, because they should be able to work outside parties and August 31, 2010 - August 31, 2010 coming in to do work, and we're just an outside party. I understand that. We'll table it. MR. WAUAHDOOAH: I second that motion, Mr. Chairman. MR. BURGESS: To table? MR. WAUAHDOOAH: To table. MR. BURGESS: Yes. Call for the vote. All those in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. MR. NARCOMEY: Just one comment on that. Didn't we just get through remodeling that thing for 10 million plus and here we're spending -- going to spend, what, 35 more thousand dollars and they just remodeled it? MR. TIPPECONNIE: Well, remember, it has that flat roof. That roof, you know, is -flat roofs will always be a problem until you get something like we've done on this. MR. OWENS: It's not a flat roof. What's happening is the screws, they got a little - MR. TIPPECONNIE: Leakage around the screws? August 31, 2010 - August 31, 2010 MR. OWENS: Yeah, the screws have to be re-tightened. It's 100 percent guarantee that it won't leak. It's a coating here. We put the same here when we did the Watchetaker Hall. I know that we haven't had no rain, but Watchetaker Hall, I know that when we had to remodel that facility, it has not leaked since. There's two individuals from that CIP -- or actually all of them went to training on this and they are certified to apply this chemical or kind of like a paint base. It's thick, clear and white. MR. TIPPECONNIE: Elastic? MR. OWENS: Yes. MR. HENSON: So let's table this. MR. TIPPECONNIE: Did we get the vote? MR. BURGESS: Yes, they voted to table. Would you like to amend the agenda to bring item Number 5 up to the top, because Mr. Henson has a - MR. HENSON: I'll make that motion. MR. WAUAHDOOAH: I'll second that motion. MR. BURGESS: Second made. All those August 31, 2010 - August 31, 2010 in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. All right. Comanche Nation College, they sent us a letter, guys, and they're in need of our assistance because we own the building. Even though we're not charging them rent, we're liable for all the repairs and necessary upkeep. They've got some capital improvements needing to be done. They already went ahead and used a Power Lift. The letter explains it, those of you who have it. And they're working on one classroom that they need to have an enrollment now of 230-some students. They've been working since June on this thing. They keep trying to get on the agenda, but we've been so inundated. I'm not sure we're worried too much about the camera system, but we do need to help them with the structural repairs, which is flooring. We're going to need some new carpet. And there's foundation repair that they're having to do in one area. So totally they're looking closer to $100,000. We need to help them with something there ASAP. August 31, 2010 - August 31, 2010 MR. HENSON: Well, actually they're only asking for - MR. TIPPECONNIE: Sixty-three, it says. MR. BURGESS: Sixty-three? MR. HENSON: Yeah, but 25 to 30,000 of this is on the camera system. I don't think that we should be involved in that. That's part of the college, isn't it? We own the building, we have to fix it. MR. BURGESS: We have to fix it, yeah. They're looking for a total of 100, but I'm looking at the auditorium doors that are really bad, and then the windows, and then that foundation repair, and then that floor. We had to repair one whole floor and pull that foundation up or whatever they do. MR. HENSON: That's 20,000. MR. TIPPECONNIE: The darkened amounts are not their priorities, it's just that they want -- it seems to be the darkened amounts are their priorities. MR. BURGESS: Yeah, that's right. MR. TIPPECONNIE: So that's 63,700. And then the 25 to 30 there, the 30,000, that's a August 31, 2010 - August 31, 2010 security system for the building. MR. OWENS: Bob, can you explain that we are involved in energy solutions where some of that can be addressed, correct? We don't know the answer yet, but - MR. TIPPECONNIE: Well, these things they're asking for, you know, the doors and windows, yeah -- which we mentioned before this Dalton Craig, you know, from Energy Solutions, they're doing this assessment of all our buildings, including the college. And they're looking at the electrical, water, and heat, all those costs. And if there's a need to upgrade for energy efficiency, they'll pay for the cost, which could be windows, could be. But that's something that's pending yet. MR. BURGESS: Right. The one thing they expressed to me is restrooms. They're bad and getting some backup and I think it's the plumbing. Remember now, it's probably lead-type and maybe some copper in there. So they're having some problems with that. So if we can just deal with them in the interim, or even if we can just give them 60,000 or 61 and then see what that Energy Solutions or whatever that company is. August 31, 2010 - August 31, 2010 MR. HENSON: Where are we going to get this money from? MR. BURGESS: It's in our budget. MR. HENSON: It is in our budget? MR. BURGESS: It's in our budget. MR. HENSON: Okay. I just wondered that. But 50,000? MR. KOSECHEQUETAH: In our budget under what? MR. HENSON: Why don't we go with 33,700 until we find out when this report comes in? That 20,000 will cover the foundation and 13 will replace the aluminum auditorium doors. MR. BURGESS: That foundation that they've had to fix and the floor they've had to fix. Let me show you. Yes? MR. BURSON: The gaming commission was discussing just this last Saturday at the regular meeting that they have -- they're about to identify some excess surveillance equipment that they don't have a need for anymore because they've bought new and better equipment. And they intend to offer that to the nation before they dispose of it in any other way to see if the nation has a need for it. And so that may be a partial August 31, 2010 - August 31, 2010 solution for the other request here of a camera system. MR. TIPPECONNIE: That would be a big help, because they're saying it's $30,000. Save 30,000. MR. BURGESS: That would save a lot. MR. TIPPECONNIE: Yeah. MR. BURGESS: Because they don't need the great mobility that the casino requires, the new ones they got for it. Put them in a corner on that long, wide angle. That's been helpful because they have experienced some vandalism down there, people trying to get in. All right. Well, fellas, we can find that 50,000. MR. HENSON: Yeah. And this other stuff, the window repair and all this, guttering installation and all that, they should be able to try to -- like you were saying, Bob, there's a possibility they could find grants. I mean, they need to work, too. So I'm going for 33,700. MR. TIPPECONNIE: That'd be the balance if you take out the 30. MR. WAUAHDOOAH: So this is going to come out of the new budget for them? MR. BURGESS: No. There's an old August 31, 2010 - August 31, 2010 budget and there's some carryover from some programs we have. MR. WAUAHDOOAH: Mr. Chairman, where's the title to that building? MR. BURGESS: I better refer that over to Bob or the attorneys. Do y'all know? MR. BURSON: It should be filed with the county clerk's office. MR. WAUAHDOOAH: So we do have a copy of it here? MR. TIPPECONNIE: I love to keep finding these abstracts out in the - MR. NORMAN: I don't know if you physically have a copy here. There should be one on file. MR. TIPPECONNIE: We're working on it. We have the abstract. MR. WAUAHDOOAH: But if it's public information, we can go down and get a copy? MR. TIPPECONNIE: We also are working with a title company right now updating our abstract so we can move it to the trust status on some of these properties. MR. BURGESS: One of things we're responding to, Mark, is in previous times they August 31, 2010 - August 31, 2010 never had a complete appraisal on all properties. So now they're coming back and doing these appraisals and Bob's chasing down any missing documents that are here. MR. WAUAHDOOAH: This is fee land? MR. BURGESS: Application has been made, has it not, William, for the college to be in trust? MR. HENSON: So do I make a motion for 33,700? MR. BURGESS: Why don't you just say 35? MR. HENSON: No, I don't know that number. I want 33,700. I'll make my motion for 35 grand. MR. TIPPECONNIE: You're making a motion? MR. HENSON: Yes. If anything, we don't want our property to deteriorate any further than what it has been. MR. BURGESS: True. That's the key. We've got to find somebody else to take it off our hands. All right, motion has been made to approve a disbursement of $35,000 to Comanche August 31, 2010 - August 31, 2010 Nation College for the repair to foundation, flooring, and walls. Do I hear a second? Motion made by Mr. Henson. Second? What's it going to take to get a second to take care of our buildings? We're going to let it deteriorate like Fort Sill Indian School? MR. HENSON: Call for discussion. MR. BURGESS: Discussion? Somebody's got more questions here. MR. TIPPECONNIE: Who's got the money? MR. BURGESS: We've got the money. MR. HENSON: The budget's been revised. MR. BURGESS: We've passed that resolution limiting their expenditures to the same as the federal government. We've seen they don't use all the money they've been getting in six months' time. MR. HENSON: Some of our programs are fat with money, so what we're going to do is go back and take that budget and we're going to move it around in those programs that don't have the money so they can still operate. August 31, 2010 - August 31, 2010 MR. BURGESS: We're going to have to redistribute to some of these red items. We're going to have to do that anyways. And the building is owned by us, so that money will have to go into capital improvements in order to come out to pay for that. We've got to take care of it. If we don't do it now, it's going to cost more in the future. So one of the things they went through in the plan is to look at a new facility. They're not saying where, they just said the plan is. What do you need? One of the things they need is a new building. So that would be one of their capital improvement plans for them to plan the funding in the future to move into something. If we can't build it, they'll have to build it. Fine, that's great. So, gentlemen, it will come back to us. We own the building. We're the landlords. MR. TIPPECONNIE: It seems the real priority is in these three items. Seems to be the east wall; is that right? The foundation of the east wall? MR. BURGESS: Yes. MR. TIPPECONNIE: So what they say is August 31, 2010 - August 31, 2010 they've already done demolition and preparation work for this, huh? MR. BURGESS: Yes. They've been working on it. MR. TIPPECONNIE: So they've already done work? They just need the Power Lift to lift it up, then they finish the under, I guess, foundation. MR. WAUAHDOOAH: I would be willing to compromise on the 20,000 separate for the Power Lift for the two rooms, but I don't want to go above that. MR. TIPPECONNIE: You're asking to amend his motion? You're seconding that with that amendment? MR. WAUAHDOOAH: Not necessarily, but just - MR. HENSON: Well, there wasn't no second on my motion, so - MR. TIPPECONNIE: I'm just asking if it would be a second if you would amend your 20 to 7 -- 20,700 is what he's saying. MR. HENSON: I've got no problem with that. Something needs to be done. It's our building, Comanche Nation's building. We don't August 31, 2010 - August 31, 2010 want it to go to pot. We already got one there. MR. TIPPECONNIE: Well, you'd have to accept his -- he'd probably second it if you'd accept his 20,700. MR. BURGESS: Just to let you guys know that while we might approve 20,700, they might be needing 22 or 23. That's why they round the figures while it's there. You never know what little extras will come in time wise. MR. KOSECHEQUETAH: What's the motion, Mark? MR. WAUAHDOOAH: The original one is still with Mr. Henson. MR. HENSON: Okay. I'll amend it to 21,000. MR. WAUAHDOOAH: I'll second it. MR. BURGESS: Motion's been amended to read to approve a $21,000 paint and capital improvement fund to assist the college with its cost of repairing the foundation of the school. Motion made by Mr. Henson, second by Mr. Wauahdooah. Further discussion? Call for the question. All those in favor signify by saying "aye". (Aye.) August 31, 2010 - August 31, 2010 MR. BURGESS: All those opposed, same sign. All those abstain, same sign. MR. NARCOMEY: Nay. MR. REDELK: Nay. MR. BURGESS: Two nays, three ayes. MR. NARCOMEY: Mr. Chairman, can we go ahead and swear the elder advisory group in? It's getting close to 5:00 and some of them may not have ate since noon. MR. BURGESS: Okay. We'll do that now. (Comanche Nation Elders Center Nutrition Center board sworn in.) MR. BURGESS: Let the record show that we're swearing in the Comanche Elders Center Advisory Board, which is Ms. Beth Glazebrook, Member Emeritus; Ms. Aurilla Craig -- Aurilla, we're going to change the spelling here -- as a member; Mr. Earl Yeaqhuo. Did I say that right? And Ms. Mary Rutledge; and also Ms. Arlene Asenap and Ms. Carol Hall. James was here to let us know he's interested in selling 37 -- or how many acres you have? MR. KOWENA: Thirty-seven. August 31, 2010 - August 31, 2010 MR. BURGESS: Thirty seven for sale. So we need to make a motion to pass a resolution. We can do the resolution Saturday. MR. NARCOMEY: I thought we already passed that resolution to negotiate. MR. BURGESS: On his? Did we? MR. NARCOMEY: I don't know. I know we talked about it. I make a motion, Mr. Chairman. MR. BURGESS: We have a motion to re-initiate resolution for the purchase of sale of James Kowena's land. Second? MR. REDELK: I'll second that. MR. BURGESS: So we have a second by Ron RedElk for this purchase. Discussion? MR. HENSON: Robert, to expedite this matter on the appraisal, can we inform him of that appraisal that we have done in the past where tribal members -- so that he doesn't fall into that appraisal from the BIA? MR. TIPPECONNIE: Yes. I don't know if you understand this, but when they ask for the appraisal, the BIA doesn't do it. It's the Office of Special Trustees that has a backlog of appraisals. So the contract amount -- so they August 31, 2010 - August 31, 2010 should be able to do it fast, but I can't speak for them. I know they've had some backlogs, so they've been a little slower. So what we've tried to do to help some sales is we ask OST for an approved appraiser, then we get that appraiser and we pay for it. But when we have the sale, like if we buy your land, we deduct that amount from your sale. Now, when the Office of Special Trustees does it, they don't charge you. So if we push it and expedite it, we'll charge you. MR. KOWENA: Well, let's go ahead and go that way. MR. TIPPECONNIE: When we make the resolution, we'll have to incorporate that. MR. KOWENA: Yes. My mother needs a home, so let's go ahead and do it. MR. WAUAHDOOAH: Robert, in general, what's the appraisal cost? MR. TIPPECONNIE: Appraisal varies, but I'd say it's gonna be 1,000 or so. It may be less. This is 37 acres. MR. WAUAHDOOAH: Is that acceptable? MR. KOWENA: 1,000 to 1,200? MR. TIPPECONNIE: Yeah, it's gonna be August 31, 2010 - August 31, 2010 somewhere in there. MR. WAUAHDOOAH: Is that acceptable? MR. NARCOMEY: Did they give your mom a time limit or a certain date to get out or she's out already? MR. KOWENA: She's out. She's living with me now. I only got a 30-foot trailer. MR. TIPPECONNIE: They ordered her out, didn't they? MR. KOWENA: They told her to get out so she started packing her stuff up. I said, well, put them in with me. We went down and looked at a package down there at Lowe's. If y'all would approve it, we can build it. We got a contractor's license. We can go down there, if y'all purchase the materials, we can build it. Or have them to purchase that one little building and put it out there. MR. TIPPECONNIE: Where would you put it? On the land where my land is? MR. KOWENA: Where my land is. MR. TIPPECONNIE: Why would you put it there if you're selling it? MR. KOWENA: Not all of it. I've got the little one acre and a quarter, I've got it set August 31, 2010 - August 31, 2010 aside. MR. TIPPECONNIE: Oh, on the upper end? MR. KOWENA: It's on the south end. MR. BURGESS: Okay. We have a motion on the floor and a second by Ron. All those in favor, signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. The ayes have it. We'll have that resolution on the agenda for Saturday. MR. KOWENA: Just two more things and then I'm done. The fire program, I don't know what's going on with it. That needs to be taken care of bad, because a lot of these boys, they need to go to work. They're not doing it. They're keeping the same two people on that pump truck. They need to rotate them and get these other boys on there so it will give them time to make a little spending money, too. Some of them's got families, some of them don't. It's hurting them. MR. BURGESS: One thing we have, guys, we only have a truck crew. We don't have a August 31, 2010 - August 31, 2010 full wildfire fire fighting crew. MR. TIPPECONNIE: Yeah, we just have an engine. MR. BURGESS: We need to get back into that, having a full wild lands fire fighting crew. Will and I were talking about it, and we've got to get back to the Bureau and see what we can do. A lot of it is going to be re-establishing with the Bureau that's what we're doing instead of just the truck crew, so that this 20-man crew can go out and assist with these fires, too. Just letting you know how we're going to do it. We don't always have to go to the Bureau. It can be a fire crew that was contracted through the U.S. Forestry. MR. KOWENA: The U.S. Forestry can contract these guys out. They got an automatic reimbursement. If the tribe pays them to go in a fire, the forestry will reimburse the tribe back on their money. We worked with the Mescalero Red Hats and that's what they did. They just reimbursed them. The boys get their pay right quick instead of waiting two or three months for it to come in. MR. BURGESS: That's what we want to August 31, 2010 - August 31, 2010 do is explore that and then get back to having a wildlife fire fighting group. It's going to take some time. It won't happen tomorrow. But there's a lot of guys around here that can do that, a lot of our Comanche boys. MR. KOWENA: The other part is you said you like to get the guys to go to work. Whenever they got the school working, they already got the contract with the school working on it, how come the contractor can't hire Indians? Because it's on an Indian job. Instead of hiring his crew over here? Why can't they put it on a bulletin board up here and ask an Indian boy that's qualified to come up here and go to work so they can work instead of these guys getting all the jobs and the money? MR. BURGESS: We know that, James, and we want to re-institute to the TERO office and get on top of that so the Tribal Employment Rights Office is the one that will go out and all this construction will take place. They will be on top of that, telling these guys that they need to be hiring Indians and finding the Indian guys that know this kind of job to recommend that they be picked. We can't do it here, but -- and that August 31, 2010 - August 31, 2010 whole office has been down for two years, so that's what we're trying to reinstitute. It'll take some time. We're looking out for that. In fact, we're getting our ordinance over to these guys to update and upgrade. That's what we did with the FEMA crew. Those guys went out and cleaned up the FEMA debris. Over 40 Indians got hired. At the end of it all, 15 stayed with it. That's good for us. A majority of Comanche people went to work. MR. KOWENA: It's like Hurricane Katrina when it hit, Hurricane Rita hit right behind it. We were down there. Some of these boys that was on the fire crew did not qualify to get their rig cards, so they send them down there, but they needed a saw crew. They sent a saw crew, but they were qualified to go. They all got paid the same amount of money. Even though they didn't have a rig card, they were still qualified to be one but didn't pass the test. Same way right now. We got some firefighters right here. They could go out and clear a fence line for the elderly, and they get paid through the forestry just like that would. Nobody wants to help them, nobody wants to get them started. August 31, 2010 - August 31, 2010 MR. BURGESS: James, you heard us talk about this development and compliance office. We'll turn that over to that program. Whatever steps to re-develop that, re-institute the firefighters, that's what that office will do. MR. KOWENA: That's going to go under that, too? MR. BURGESS: They will be going under that whole process. So until we get a fulltime legislator that can help with that stuff, we've got to do something. That's why this development and compliance office needs to be instituted, so we can turn it over to them and tell them to get it done. MR. KOWENA: Okay. I'm done. MR. BURGESS: Okay. Would y'all like to discuss the gaming commission or the budget, fellas? Let's talk about a meeting to re-work this budget. MR. WAUAHDOOAH: A separate meeting? MR. BURGESS: We could. If y'all want to do that, it should be a whole afternoon with Finley & Cook. We need to set the time to work this out. I suggest we do that at the August 31, 2010 - August 31, 2010 business center. MR. TIPPECONNIE: That meeting has to be done quick. Because tentatively I'm going to be speaking -- we are -- to the directors about finishing this fiscal year. And right now, I think we'll make it, but we got a big reduction in September payment from gaming. It's way down. It's 700-some thousand less than last month's payment. So that's a big adjustment to the end of the year. So we're going to have to look - MR. NARCOMEY: Where is all that decrease coming from? MR. TIPPECONNIE: They're not getting the net. It comes from net. They have to make profit, a net profit to give payment to us. We'll get into that. But when we really take the time on the budget, we're going to have to look at how we cover these. I mean we end the fiscal year -the way I look at it right now, I think with some of the savings that people have not expended all their budgets, when we meet with them Thursday, we're just going to tell them to watch your budget. If you've got savings, let's hold your savings. MR. BURGESS: Let me do an IM here. August 31, 2010 - August 31, 2010 Let's go off the record. (Off the record.) MR. BURGESS: I passed out an item from the gaming commission. What that is, Bob, is an interpretation and definition of the area of appointments. Remember, we had the question on Ed Tahah and we had differences of what it meant? So that explained what they meant. And that when you discount the top three, Ed Tahah is eligible to be appointed. We withheld that appointment. And Mr. Jackson, being a vendor, is strictly prohibited in the gaming ordinance. He'd be a vendor representing our smoke shops and basically he couldn't sit on the gaming commission. No vendor can sit on the gaming commission. MR. NARCOMEY: Does that mean Jarrett is not our - MR. BURGESS: We didn't make any appointments. We didn't get any clarification. MR. NARCOMEY: So what does that mean? MR. BURGESS: That means Ed Tahah could be appointed, or anybody else, but we were wondering why is Ed - MR. KOSECHEQUETAH: Who wrote this? August 31, 2010 - August 31, 2010 MR. BURGESS: I went to the gaming commission to ask them to explain it. MR. KOSECHEQUETAH: It doesn't explain it to me. I'm a little confused about it, because the way it states in the ordinance there, it spells out who. There's no mention of it here even addressing an exception for it. MR. BURGESS: Well, Jim, you worked on this ordinance? That's why I was asking. I didn't read it that he was not eligible. I read it because he's not supervising and then he's eligible. When you discount the top three, it's only those others. Now, below that he doesn't even meet the other restrictions that says he could be re-appointed. MR. TIPPECONNIE: Let me read it for everybody. If we could take a minute? We'll just do it from where they're not eligible. I'll just read that part. The following persons are not eligible. Of course, we know CBC members or board of directors; persons having a direct or indirect financial interest in a management contract, gaming contractors or management; persons directly related to or sharing a residence with any of the August 31, 2010 - August 31, 2010 above. So that'd be those two parties above. Employees of the gaming operation while employed as such; and then persons ineligible to be licensed as key employees; and then tribal and non-tribal members previously convicted of a felony of embezzlement or theft. So when it talks employees, the gaming operations, while employed as such. So it says you can't be on the board if you're an employee. MR. NORMAN: If you are directly related to or sharing a residence with one of its employees, you're eligible. MR. NARCOMEY: In other words, we voted him in, right? But now what you're reading, it says that he's not in? MR. KOSECHEQUETAH: We're talking about two different people here. MR. NARCOMEY: Oh, you're talking about Tahah? MR. TIPPECONNIE: Yes. MR. NARCOMEY: So he's ineligible or he's eligible? MR. TIPPECONNIE: He's not a CBC member, he doesn't have a direct or indirect financial interest in the contract or anything. August 31, 2010 - August 31, 2010 He doesn't have anybody that's directly related to him sharing a residence with him. That's interesting the way that one's written. Well, persons directly related to or sharing a residence with any of the above. That's these two above, CBC members or those doing financial business. MR. BURGESS: Persons eligible to be licensed. Let's look at it -- this above, any above. Yes, his daughter works there, but she's not employed, she's in management, I guess, but that's not the operational side. She's not in operations, she's a secretary over there to the CEO. MR. NORMAN: You can have somebody -you can have somebody eligible to serve on the gaming commission even if they have someone directly related to them or sharing a residence with them that is an employee of gaming. The prohibition is on somebody being both an employee of the operation and serving as a board member. And this was actually something that was specifically wrestled with and talked through and talked about and discussed between the board and the commission when they recommended the revisions to the gaming ordinance, and that's what brought August 31, 2010 - August 31, 2010 this about. Otherwise, Ed would have been disqualified a long time ago. MR. KOSECHEQUETAH: So we were looking at a previous version when we made - MR. NORMAN: I don't know. I wasn't at the meeting when the question came up. MR. KOSECHEQUETAH: Because this is worded totally different than what we were looking at - MR. BURGESS: This is a copy of it. MR. BURSON: You may have been looking at an earlier version. There was a version that was worded with the disqualifying related to, living with someone, which had the position of employee was above that phrase. So that phrase was kept stated above and it was below the employee. And that lasted about one month, and then that was revisited and it moved to the current version as employees below the line that says anybody above it. That's the current version. MR. BURGESS: I asked them to interpret this for us because he'd been sitting there all this time and there was no conflict. MR. NORMAN: There were multiple August 31, 2010 - August 31, 2010 versions of the draft ordinance that ultimately was settled on to bring to you, because there was a lot of discussion about who had what role and responsibility between the board and the commission. So they went back and forth over a period of months to try to hash that out. This actually was one of the issues that they went back and forth on. And ultimately they that had on this language, so this is what actually was adopted. MR. KOSECHEQUETAH: You have the new one? MR. NORMAN: I can get a copy. MR. TIPPECONNIE: What I see in this, this is quoting Section 310 in the ordinance. MR. KOSECHEQUETAH: That's the sections that we looked at when we - MR. TIPPECONNIE: No. The thing I see inconsistent with the constitution or inconsistent with other ordinances is that nepotism kind of thought. It's not here. It's all waived. MR. NORMAN: No. MR. TIPPECONNIE: Where is it? What it says is if the person applying for the job is August 31, 2010 - August 31, 2010 an employee, you know, he can't be eligible for a commission position. MR. NORMAN: Right. MR. TIPPECONNIE: So none of them say. MR. BURGESS: There are all sorts of rules and regulations and policies and procedures that dictate within the gaming commission itself and separately within the operations. MR. TIPPECONNIE: That's what we've received. MR. KOSECHEQUETAH: Where's that? MR. TIPPECONNIE: Where is that? MR. NORMAN: They're within the policies and procedures of the board, and I guess the personnel policies of the commission that address that within each one of those entities. MR. KOSECHEQUETAH: We weren't looking at this piece of paper here when we were making our determination on it. There was something else and it stated and we sat here and looked. And there's no way that that doesn't apply to this situation. I can't believe that they didn't catch it. So we had a wrong document. We're definitely not looking at the August 31, 2010 - August 31, 2010 same thing. MR. BURSON: Must have been. MR. NORMAN: Neither the board nor the commission have construed that as a problem for either one of them. MR. TIPPECONNIE: Well, it shouldn't be a problem, but it shouldn't be smart. MR. BURGESS: To do what? MR. TIPPECONNIE: To be supervised by family. I'll just remove the word. I'll just say should be employed there. MR. BURGESS: What happened at Star or Spur? Gaming went down. Our people couldn't go gamble at the casino. MR. TIPPECONNIE: They changed that now. MR. BURGESS: If we say a relative of yours can't be working on the other side of the fence because you're related to them but you work over here -- and that's essentially what you're saying. You work over there in the junk yard and I'm sitting over here in the other car sales lot, but you can't work there because we're related. MR. TIPPECONNIE: I know. I mean it seems harsh, I agree. But the constitution puts August 31, 2010 - August 31, 2010 it in our book. MR. BURGESS: But wait a minute now. If you're going to use the constitution, but you're saying gaming is separate from tribal government -- the constitution refers to us. If you're saying that we go back to the constitution, then all the gaming board belongs to us and we direct it. That's what you're saying when you say constitution. MR. TIPPECONNIE: I'm not saying that. I'm just saying we should be consistent in our documents. MR. WAUAHDOOAH: I wonder what document we were looking at? It's different than that. MR. BURGESS: He's got his book. Mark has his book and it's the same thing. MR. WAUAHDOOAH: This says if a person applying is an employee, they can't apply if you're an employee. MR. TIPPECONNIE: I don't see Ed fitting into this. I mean, he's eligible. He's not in any of these. Okay. MR. WAUAHDOOAH: I see he's eligible now. August 31, 2010 - August 31, 2010 MR. TIPPECONNIE: He doesn't fit into any of these. MR. WAUAHDOOAH: Is he underneath the tribal constitution, because that comes into play in the tribal constitution. MR. BURGESS: But see, that's what I'm bringing up. Okay - MR. BURSON: If you want to look at the -- the nepotism clause in the constitution talks about hiring and firing an employee. It doesn't talk about regulating. That's why the board and the commission and the previous CBC, when they considered that, the way that ordinance is written now, the employee cannot also be a regulator, but a regulator can be related to an employee. It was a policy call. You can have it the other way, but you eliminate a whole bunch of potential regulators when you make it related to an employee. MR. TIPPECONNIE: Then you eliminate employees. MR. BURSON: You've got 500 employees. You've got 200, 300 tribal members employed in your casino. It has been the longheld policy of this CBC to try to appoint as many August 31, 2010 - August 31, 2010 Comanches to the boards and commissions as possible. So if you had it the way you originally thought it was, you eliminate a lot of potential appointees because -- or those appointees' relatives got to quit working for the tribe. MR. TIPPECONNIE: The point I make now, if we get back to this one individual, Ed, he's eligible because he doesn't fit any of these. MR. WAUAHDOOAH: I agree. MR. KOSECHEQUETAH: Who were we looking at? MR. NARCOMEY: If he's eligible, let's have him run again. MR. BURGESS: He's in there. We haven't filled it. MR. TIPPECONNIE: We haven't acted. MR. KOSECHEQUETAH: He's going to be in whether he was in or not because he's already seated. He was just running for an additional position. MR. TIPPECONNIE: He was, wasn't he? MR. KOSECHEQUETAH: Yeah. He's already in. He would stay in even if we put another person in there. We already re-appointed him. August 31, 2010 - August 31, 2010 MR. BURGESS: See, it's my understanding that as an alternate, they should automatically bump in when somebody moves. Because - MR. KOSECHEQUETAH: If we put him there, that would be an alternate position. MR. WAUAHDOOAH: So you need to want him as a full commissioner? MR. TIPPECONNIE: Jarrett is not eligible. MR. BURGESS: As a vendor. MR. NARCOMEY: So that's who we got to run again, his position? MR. REDELK: No, the alternate. MR. TIPPECONNIE: If we select Tahah for this vacancy, then we have to select an alternate. MR. BURGESS: Go back to the applicants as an alternate. MR. TIPPECONNIE: Yeah, we could go that route. - MR. WAUAHDOOAH: But Jarrett's only not eligible because the CBC drug their feet. At this point, he doesn't even want to be a part of that. If we take recommendations, that's up to August 31, 2010 - August 31, 2010 us. If we don't, whatever. MR. NARCOMEY: That's what he told us last Thursday. He said, "I heard y'all were trying to get rid of me." That's the first I heard about it. MR. KOSECHEQUETAH: It gets to be a headache to appoint some people. MR. TIPPECONNIE: Well, one thing, we need to act on it. MR. BURGESS: Okay. On Tahah? MR. NARCOMEY: I thought he was already in? MR. BURGESS: No, I guess we have to appoint him from alternate to full member. MR. WAUAHDOOAH: Mr. Chairman, I make a motion that we make him a full member, moving him from alternate. MR. BURGESS: Motion's been made by Mr. Wauahdooah to promote Mr. Ed Tahah to full commissioner on the gaming commission. Second? MR. REDELK: I'll second that. MR. BURGESS: Second by Mr. RedElk. Okay. Discussion? Barring discussion, then we'll call for the vote. All those in favor signify by saying "aye". August 31, 2010 - August 31, 2010 (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. MR. NARCOMEY: Nay. MR. TIPPECONNIE: I've got you down as that. MR. NARCOMEY: Good. I think he ought to run again. I think he ought to run against somebody else. MR. BURGESS: He applied for this. Now we go back and select an alternate. We place him on Saturday, and we can go back to those. There's about four of them in there. MR. NARCOMEY: So we'll select the alternate? MR. BURGESS: We'll let them be the alternate now. I don't see why the alternate just doesn't go in. MR. TIPPECONNIE: Ed did apply for this. He did apply to that. If you remember looking at all the applicants, he applied. MR. BURGESS: Why do you have an alternate if you can't just graduate them in? That's why they were there, continuity. Well, the ayes have it. Motion passes. August 31, 2010 - August 31, 2010 MR. TIPPECONNIE: Did you say no or were you just kidding? Was yours a no? MR. NARCOMEY: I'll change it. MR. BURGESS: Economic Development? I guess they brought forward some recommendations. Did you bring yours with you, Bob? MR. TIPPECONNIE: I didn't. MR. REDELK: There's just three. MR. BURGESS: There's just three and they're pre-selected. I thought we had other applicants that came to us. MR. KOSECHEQUETAH: We did. We decided at that point, because - (Off the record.) MR. TIPPECONNIE: I'll make a motion to re-advertise. MR. BURSON: Five board members, one CBC non-voting member. MR. REDELK: Does the ex-officio get a stipend? MR. KOSECHEQUETAH: That's up to the board. MR. BURGESS: That's up to the board, too. August 31, 2010 - August 31, 2010 MR. KOSECHEQUETAH: And they always have. MR. NARCOMEY: Is the ex-officio vice-chairman? MR. BURSON: Currently, yes, your Vice-Chairman is the ex-officio. MR. TIPPECONNIE: But I don't think he's getting a stipend. MR. BURSON: I have no idea. MR. TIPPECONNIE: I don't think he is. MR. REDELK: Well, your rationale for cutting the board member numbers down was to save money, right? Why would you pay your ex-officio? MR. BURGESS: Well, if it had been paid all along, you continue with that. I think they cut it down from 9 to 5, or 7 to 5. MR. TIPPECONNIE: It's up to the boards within their budgets, I guess. We haven't said no to it, the CBC hasn't. MR. KOSECHEQUETAH: Well, why would we? MR. TIPPECONNIE: Well, I think that's why we don't. MR. NARCOMEY: It was up to the board August 31, 2010 - August 31, 2010 to pay Delphine's fine, too. We should have got rid of them right then. I've been against them all for five years and I ain't got to step one yet. MR. TIPPECONNIE: I have a motion to re-advertise. Is there a second? MR. BURGESS: Yes. MR. WAUAHDOOAH: I'll second. MR. TIPPECONNIE: Okay. Call for the question. MR. BURGESS: Discussion? I think we just take a step at a time with these two members and move on. All right. Any more discussion? Okay. Call for the question on this. We have a motion made by Robert and Mark made the second. All those in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. The ayes have it. So we will re-advertise for new members. Bob, are they coming to you on that advertisement? MR. TIPPECONNIE: Yes, we'll make them come here. August 31, 2010 - August 31, 2010 MR. BURGESS: Make that motion read that, then. MR. TIPPECONNIE: Yes. MR. BURSON: I think Darrell made an observation that sometimes on these boards you need to try to recruit people that you think would be qualified and have the right qualities, skill, and sometimes they -- those folks will be responsive to being asked and recruited to sit on the board as opposed to just responding to an advertisement in the paper. MR. BURGESS: I don't have the updated information from Vern Griffin, so we'll just have to -- fellas, we have the choice of recessing until Saturday or adjourn. MR. TIPPECONNIE: Adjourn, because it's a new meeting Saturday. MR. WAUAHDOOAH: I make a motion we adjourn. MR. KOSECHEQUETAH: Second. MR. BURSON: Before you go. MR. BURGESS: Hang on. Do we need to go into executive session? Motion to adjourn, gentlemen. MR. WAHADOOAH: I make a motion to August 31, 2010 - August 31, 2010 adjourn. MR. KOSECHEQUETAH: Second. MR. BURGESS: Motion made by Mark, seconded by Darrell. All those in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. (Meeting adjourned at 6:27 p.m.) * * * * * * R E P O R T E R 'S C E R T I F I C A T E STATE OF OKLAHOMA ) ) COUNTY OF OKLAHOMA ) I, Kelly Stoabs, Certified Shorthand Reporter for the State of Oklahoma, certify that the above and foregoing meeting transcribed by me is a true and correct transcript of the meeting; that the meeting was held on August 31, 2010, in the State of Oklahoma; that I am not an attorney for nor a relative of any said parties, or otherwise interested in the event of said action. IN WITNESS WHEREOF, I have hereunto set hereunto set my hand and seal of office on this the 5th day of October, 2010. __________________________ Kelly Stoabs Certified Shorthand Reporter for the State of Oklahoma S E C R E T A R Y ' S C E R T I F I C A T E I, Robert Tippeconnie, SecretaryTreasurer of Comanche Nation Business Committee, certify that the above is a true and correct transcript of a meeting of CBC Members held at 4:10 p.m. on August 31, 2010, and that the meeting was duly called and held in all respects in accordance with the charters and bylaws of the Comanche Nation and that a quorum was present. I further certify that the votes and resolutions of the CBC Members of Comanche Nation at the meeting are operative and in full force and effect and have not been annulled or modified by any vote or resolution passed or adopted by the CBC since that meeting. Signed:_________________________ Date:____________ Robert Tippeconnie Secretary-Treasurer