TRANSCRIPT OF PROCEEDINGS OF THE COMANCHE BUSINESS COMMITTEE MONTHLY MEETING JANUARY 8, 2011, 10:00 A.M. COMANCHE NATION COMPLEX LAWTON, OKLAHOMA ________________________________________________ REPORTED BY: KELLY STOABS, CSR DODSON COURT REPORTING & LEGAL VIDEO 435 NORTH WALKER AVENUE, SUITE 102 OKLAHOMA CITY, OK 73102 405/235-1828 OFFICE ~ 405/235-1266 FAX 877/681-2119 TOLL FREE dcri@coxinet.net ~ www.dodsonreporting.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 10:00 a.m. 5 Roll Call. 5 Invocation. 5 Motion passed to accept minutes of 8 November 6th, 2010, and December 4th, 2010. Motion passed to approve Resolution 8 Number 01-11 Enrollment List No. 851. Motion passed to approve Resolution 9 Number 02-11 Enrollment List No. 852. Motion passed to approve Resolution 9 Number 03-11 Enrollment List No. 853. Motion passed to approve Resolution 10 Number 04-11 Enrollment List No. 854. Motion passed to approve Resolution 11 Number 05-11 Amending 401(k). Motion passed to approve Resolution 12 Number 06-11 Juvenile Suicide Prevention Grant. Resolution Number 07-11 Amendment to 13 Resolution #99-10 Tabled. Motion passed to approve Resolution 14 Number 08-11 Writer for SAMHSA Grant. Thomas Narcomey. 16 Motion passed to approve 44 Mr. Tippeconnie's travel to NCAI meeting. Motion passed to vacate Resolutions 95 56-08 and 57-08 regarding Debbie Hendrix and children. INDEX OF PROCEEDINGS (continued) Motion passed to approve optometry contract. Reporter's Certificate. Secretary's Certificate. PAGE98 102 103 * * * * * * CBC 01-08-11 - January 08, 2011 (Meeting called to order at 10:00 a.m.) (Roll call.) MR. BURGESS: Thank you. Mark, would you give us an invocation, please? MR. WAUAHDOOAH: (Invocation.) MR. OWENS: I think they have on there Mr. Narcomey, Clyde. We've had that discussion probably about a month ago that she's not claiming any more mileage. You know, we don't have a big fleet here at -- yes, they're located in Lawton. Their vans are used to transport food to people that can't come and get it, fellowship at the elderly center. I did discuss that with her, also. There's other things that I didn't discuss that you brought out as far as the report that Finley & Cook gave you. We are addressing that right now. I was unaware of it, to be honest with you, too. MR. NARCOMEY: I just found out yesterday that they don't deliver out here to my mother, and she's an elder. MR. OWENS: They should be. MR. NARCOMEY: That's right, they CBC 01-08-11 - January 08, 2011 should be. MR. OWENS: We have to look at the service area, to be honest with you, but I don't see any problem with it. MR. NARCOMEY: Maybe they directly could deliver food while she's charging us mileage. MR. BURGESS: All right. Thank you. All right, Mr. Narcomey. Thank you. MR. TAHKOPFER: Just a question. If the monies that are being earned or whatever for this fundraiser, then where is that money going? MR. BURGESS: That's a question Finley & Cook will have to answer. MR. TIPPECONNIE: What has happened in the past, because I'm looking into that, too, is that I found out in the past they had a bank account, so in that account is where they made these deposits. So there is a log. Okay? Right now when they make deposits, they can't issue any kind of use of that money without signatories. So we're trying to straighten that out and get it into Finley & Cook's accounting system. We're aware of it, they can't be using that fund. There's no way they can use it CBC 01-08-11 - January 08, 2011 without coming and saying, getting some authorization. We stopped that. But they do deposit anything from those kind of things into that account. So now we're just trying to get it all straight with Finley & Cook. So all that past kind of use, which I'm not aware of what really happened except what's in the account, and the account has money in the account. MR. NARCOMEY: From what I was told, every other word is that Bob said it's okay. That's what she told me. That's what someone told me that she said. MR. TIPPECONNIE: They're probably saying that because we're trying to get the account - MR. OWENS: If it's illegal, then you risk your funding. We haven't lost funding over there. MR. BURGESS: Let's come back to the minutes. Fellas, let's come back to the minutes now. Kelly, you online? Mr. Wauahdooah gave us the invocation. MR. NARCOMEY: Mr. Chairman, the reason I brought that up is if a person knows about something that's going wrong, doing wrong, CBC 01-08-11 - January 08, 2011 you're just as much to blame if you don't say nothing. You're just as much to blame as the person that's doing it, is the reason I bring that up. MR. BURGESS: Thank you, sir. MR. NARCOMEY: Amen. MR. BURGESS: Fellas, everybody reviewed the minutes of November 6th? We had tabled them. Any questions, corrections, statements? MR. TIPPECONNIE: I make a motion we accept both minutes. MR. BURGESS: Both? MR. TIPPECONNIE: Yes. MR. KOSECHEQUETAH: Second, Mr. Chairman. MR. BURGESS: Gentlemen, there's been a motion and a second to accept the minutes of November 6th and our December meeting of December 4th. All those in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, say "nay". All those abstain, same sign. The ayes have it. Now we'll move into our resolutions. CBC 01-08-11 - January 08, 2011 The first resolution is Enrollment List Number 848. It's Resolution Number 01-11. MR. HENSON: I'll make a motion to approve. MR. BURGESS: This is a motion made by Mr. Henson to acknowledge that the applicant is not eligible according to Article III, Section 3(b) of Comanche Nation Constitution, one individual. MR. NARCOMEY: Second. MR. BURGESS: Second by Mr. Narcomey. All those in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, say "nay". All those abstain, same sign. The ayes have it. I think we have two more resolutions denying applicants due to non qualifying factors, such as not enough degree of Comanche blood or not descended from an original allottee. This is Resolution 02-11, concerns one individual. Resolution 03-11 concerning nine individuals. MR. HENSON: I make a motion to approve. CBC 01-08-11 - January 08, 2011 MR. BURGESS: Motion to approve both or one? MR. HENSON: Yes, do both of them. MR. BURGESS: Mr. Henson's making a motion to approve both resolutions. MR. NARCOMEY: Second. MR. BURGESS: Second by Mr. Narcomey. Those are resolutions denying membership because they did not meet qualifying factors again. All those in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, say "nay". All those abstain, same sign. The ayes have it. And then we come to Resolution Number 04-11. This is list Number 854. This is a list of those who are eligible and meet the qualifying factors of the constitution. There are 28 individuals added on. MR. HENSON: I'll make a motion to approve. MR. BURGESS: Motion to approve being made by Mr. Henson. Need a second. MR. WAUAHDOOAH: I second that CBC 01-08-11 - January 08, 2011 motion, Mr. Chairman. MR. BURGESS: Second by Mark Wauahdooah. All those in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, say "nay". All those abstain, same sign. Now we're coming to Resolution Number 05-11. This is a resolution of the CBC approving, amending, or restating our 401(k) retirement plan for government employees. MR. NARCOMEY: I make a motion to approve, Mr. Chairman. MR. BURGESS: Motion made by Mr. Narcomey. Second? MR. TIPPECONNIE: I'll second that. MR. BURGESS: Second by Mr. Tippeconnie. All those in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, say "nay". All those abstain, same sign. Motion passes. Then I think the others are handouts, right, Bob? Do you have the other resolutions? CBC 01-08-11 - January 08, 2011 MR. HENSON: 6-11. Yeah, I have them. MR. TIPPECONNIE: You have them? MR. BURGESS: He has them. MR. HENSON: Yeah. MR. BURGESS: Resolution 06-11, this is for a grant application to the U.S. Department of Health and Human Services, the Substance Abuse and Mental Health Services Administration, referred to as SAMHSA. DHHS and SAMHSA, through a cooperative agreement, have a grant out for a tribal use suicide prevention. The funds can be for $480,000 per year for a three-year project, and this is to provide services to our young people who might be or are facing or have become affiliated with friends or relatives who committed suicide. So the resolution would be for funding of three years for $480,000, a total of $1.4 million over the three years. MR. HENSON: I make the motion to approve. MR. BURGESS: Motion being made by Mr. Henson to approve this. MR. WAUAHDOOAH: I second the motion, Mr. Chairman. CBC 01-08-11 - January 08, 2011 MR. BURGESS: Okay. Second by Mark Wauahdooah. All those in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, say "nay". All those abstain, same sign. Motion passes. Coming to Resolution Number 07-11. This is a resolution to proceed with the negotiated sale with the Honenaker estate. This is to authorize purchase for the consideration in the amount of BIA appraisal value or higher of a negotiated sale from Mr. Lloyd Heminokey, Jr., Mrs. Clorandia Tsatoke, and Greg Haumpy, Jr., in property that's defined here, Allotment Number 1619. MR. NARCOMEY: I make a motion to table that, Mr. Chairman. MR. BURGESS: Motion to table? All right. We have a motion to table, gentlemen. Is there a second? MR. HENSON: I'll second that. MR. BURGESS: A second. All those in favor signify by saying "aye". (Aye.) CBC 01-08-11 - January 08, 2011 MR. BURGESS: All those opposed, say "nay". All those abstain, same sign. The ayes have it. So it should come up at our next meeting. MR. TIPPECONNIE: Tabled? MR. BURGESS: Tabled. Then Resolution Number 08-11. This is a resolution for us to engage the services of a grant writer/ consultant, Ms. Vanessa Vance. She's written for us before. She's in our pool of grant writers. She has experience working with these kinds of grants, substance abuse, mental health. She'll be the one completing the grant for us to go to Health and Human Services for the tribal youth suicide prevention grant. So far, Ms. Attocknie, she's batting 1,000 with this, right? MS. ATTOCKNIE: Yes. MR. HENSON: I'll make a motion to approve. MR. BURGESS: Motion made by Mr. Henson to approve. MR. NARCOMEY: Second. MR. BURGESS: Second by Mr. Narcomey. All those in favor signify by saying "aye". CBC 01-08-11 - January 08, 2011 (Aye.) MR. BURGESS: All those opposed, say "nay". All those abstain, same sign. The ayes have it. Ladies and gentlemen, we're moving over to our new and old business on our agenda. MR. TIPPECONNIE: Did we act on - MR. BURGESS: The optometry? MR. TIPPECONNIE: No, on the grant applications. We did? MR. BURGESS: Yes. MR. TIPPECONNIE: U.S. Department of Health? MR. BURGESS: Yes, we approved that. Mr. Henson and Mark, motion and second. MR. TIPPECONNIE: That's a grant writer? MR. BURGESS: The grant writer, yes. Mr. Henson and Mr. Narcomey made and seconded the motion. MR. TIPPECONNIE: Then don't we have one here in your records which is the grant application for U.S. Department of Health and Human Services? MS. ATTOCKNIE: Yes. CBC 01-08-11 - January 08, 2011 MR. BURGESS: That's 06-11. MR. TIPPECONNIE: Okay, okay. Got it. MR. BURGESS: All right. Moving to Mr. Thomas Narcomey. Thomas? You have the floor. MR. TOM NARCOMEY: Tom Narcomey. I'd like to have the CBC to amend the gaming ordinance. I know the National Indian Gaming Act requires, I'm not sure if they require one or the other, but they require a commission or a board or -- I think you can have one or the other or both. I'm not sure how it works. But, anyway, I believe it was in May or -- I don't know the date now. I'm not sure. About May 2009 or something, or maybe '08. Just before Chairman Coffey went out of office, like a lame duck CBC, they passed an amendment to the gaming ordinance, something about the budget where they called all -- I guess all our operations' budgets. I'm not sure how it went, but in order to comply with the national gaming ordinance, we need to amend the gaming ordinance to call the only necessary expenses operating expenses, like your -- like your meetings, your secretaries or what, your CBC 01-08-11 - January 08, 2011 commission staff, you know, those expenses that you need and it requires to have a functioning board. Like I say, board. But all other expenses should go to the annual budget. So just whatever is needed. I don't know, half a million, 400,000. You know, you should make a resolution calling that operation expenses, because I thought it was -- I thought their budget was like 1 million or 1 1/2 million, but I understand it's about 5 million, their budget. So I don't think they need a real great big old slush fund. And then, you know, they need to be accountable for that slush fund, you know, like detailed monthly expenses on what they spent the money on. So it should be transparency if that's what you want from the gaming commission. Even printing the Comanche newspaper if you want to. You know, that's transparency. Then also put in there that any severance pay over whatever amount, 5,000 or whatever, should be approved by the CBC or even an annual budget. Because I know in the past we had ridiculous amounts for severance pay. I think we paid one time $275,000 for severance pay, and that big amount should have been an CBC 01-08-11 - January 08, 2011 annual budget. So that gaming ordinance should be amended, you know, for the severance pay, for the operation expenses, and another one on transparency or whatever. But, anyway, it's -- I would think it's important. I think everybody in the room probably agrees. The gaming don't need a big old slush fund. MR. BURGESS: Well, if I understand what you're asking, Thomas, I think I know why you're asking that, but gaming doesn't have a slush fund. When there was a reorganization of gaming and they took surveillance is under management, and they took security or vice versa, one of those two, became a part of the gaming commission responsibilities, they absorbed 30, 45, employees. That comes under a part of that gaming management budget. MR. TOM NARCOMEY: Yeah, I have it right here. MR. BURGESS: And then all the other employees -- are you going to bring it up here? I don't have that with me. All the other employees under gaming board, maybe nine or 10, it's not a slush fund CBC 01-08-11 - January 08, 2011 budget, it's a budget that pays employees. MR. TOM NARCOMEY: You don't need 5 million for 12 employees. MR. BURGESS: It's 5 million for over 100 employees based on salaries. MR. TOM NARCOMEY: That's fine, that's operation - MR. BURGESS: It's their operational budget. That money is their operational, what it costs for them to manage as compliance versus management. Okay? And the smallest portion of it is the gaming board. The other portion is compliance with surveillance in there so that all of these surveillance people are being employed, too, because you have to have 24/7 surveillance, and then the internal compliance is ongoing. So all these employees were moved from operational budget to the gaming management and gaming commission budget. I don't know how many numbers it was, but it's around 100 people. So $5 million paying salaries and training and overhead, okay, for all of those 100 employees. And here, we have an overhead of 200 -- over 240 employees. So our overhead is just as large. You know, it's a big overhead that comes out of CBC 01-08-11 - January 08, 2011 program administration and indirect cost administration. So you have to have that budget for these employees to administer and see that everybody is working according to their rules and regs over there. Highly regulated. So you have to have people paying attention to each other doing their jobs. MR. TOM NARCOMEY: Well, just look into it and see if there was any overbudgeting or whatever. MR. TIPPECONNIE: I might - MR. TOM NARCOMEY: That much money for that many employees, though. MR. TIPPECONNIE: Thomas, I might make this comment. Those budgets, the gaming commission and the gaming board present their budgets to the CBC. So we do go through them. And the CBC, as I've experienced with them, you know, some of them really raise some real questions about, you know, all these expenditures that they show us. So there has been some good review by the CBC of this past year's budgets of both the commission and the board, you know, those two different bodies. So you're making a point CBC 01-08-11 - January 08, 2011 that it is our responsibility to really look at that critically. MR. TOM NARCOMEY: And look at that amendment that was passed in May '08 or '09. You know, see if they can change it back or whatever. MR. BURGESS: And I believe that you're referring to some, in the past, when you said severance pay, when we asked this of the gaming board, as well as the commission, they don't give severance pay. They do not give severance pay for someone leaving. They're only entitled to whatever they accumulate. I'm going to say whatever accumulated vacation hours are, plus their last payroll. MR. TOM NARCOMEY: That's a good idea, severance pay, but not raise the amount. MR. BURGESS: Well, if they want to put it in there and they can afford it, they have to let us know. But what you see here on these employees, this does not include the surveillance employees, I want to say 40 or 60. MR. WAUAHDOOAH: 60. MR. BURGESS: So you're looking at about a $4 million budget, about 3 1/2, maybe 4, to cover 60 employees. And on the other side with CBC 01-08-11 - January 08, 2011 the gaming board, that's about nine employees. So it's much less. Plus the gaming meetings that go on, all the meetings that they do. So it's not a slush fund. We made them -- how much did they reduce their budget? MR. KOSECHEQUETAH: They've both been reduced. MR. BURGESS: 10 percent or 15 percent reduction. MR. TIPPECONNIE: We asked them to reduce it. MR. BURGESS: We forced them to reduce it. MR. TOM NARCOMEY: Going down there, they might do something else, probably. MR. TIPPECONNIE: We will look at these, what you're saying, too, on the ordinance, because I know that there were changes to the ordinance, you know, that was submitted to go through NIGC, National Indian Gaming. So those were forwarded and it's come back, so we've had some amendment of the ordinance. MS. ATTOCKNIE: Whose decision is it that our tribal IDs cannot be honored or will not be honored if that's the only identification an CBC 01-08-11 - January 08, 2011 individual has? If they should win a jackpot or win any amount of, you know - MR. BURGESS: Actually, we were approached about that about 90 days ago and we brought that up to the gaming board. They do honor tribal IDs. The employee was not apprised that they could have honored the winnings with the tribal ID up to an amount -- there is a dollar figure that they want you. If you win more than that, I'm going to say 1,500. MR. OWENS: 1,200. MR. BURGESS: 1,200? If you win in excess of 1,200, they want you to have a Social Security number and a state or federal ID other than just a tribal ID, because they have to fill out a tax form on that. MR. TIPPECONNIE: IRS. MR. TAHSEQUAH: I would like to add to her comment that at one point the gaming used to accept personal checks and stuff. I never understood that. MR. BURGESS: I think that's an employee -- an employee situation. Because if you take it to a manager, ask for the general manager at the time, they would recognize it and probably CBC 01-08-11 - January 08, 2011 overrule that employee at the window. MR. OWENS: Well, let's get back to the gaming part. Just like you guys are regulated on how many times you meet per month or year, on the board do you not regulate that, or the National Indian Gaming? MR. BURGESS: They're supposed to be self-regulating, but they conduct business a lot of times and they're still in the habit of reviewing each check individually and sign it individually. MR. OWENS: Do they receive a stipend every time they meet? MR. BURGESS: As far as I know. MR. WAUAHDOOAH: Mr. Chairman, Mr. Tom Narcomey, not only have we addressed, the CBC addressed the gaming commission and the gaming board, we have had input into new people put on the gaming commission and the gaming board. Some people have integrity put on recently in the last six months. They have addressed the issue of lower echelon employees not being promoted. We've also asked that salaries, golden parachutes be removed in the future. And so far the new individuals, people of integrity, that includes Ed CBC 01-08-11 - January 08, 2011 Tahah for the gaming commission, Mr. Bill Pahdocony, are doing really good work towards -in times past, that wasn't so. But there's a new atmosphere in the gaming commission and the gaming board. So I compliment the new people who are coming on the board. MS. ATTOCKNIE: I still need to -you said 90 days ago or so that it's supposed to be a policy up to the 1,200 and anybody that - MR. BURGESS: Yes, it's supposed to be a policy, that's what we were informed, but I'm saying management knows it, the employee may not remember it. MR. HENSON: That's an IRS requirement. MR. TAHKOPFER: It's elders. MR. BURGESS: The policy doesn't say -- the policy is to accept the tribal ID until they reach that threshold of 1,200 or more. I'm saying it's the employee that needs to be corrected, not us to correct the board. MS. ATTOCKNIE: The management needs to also, because this individual, this elder, she was at a machine. She wasn't playing but 30, 40 cents anyway, but she got picked for some kind of CBC 01-08-11 - January 08, 2011 prize that they have, a drawing for $50. She doesn't drive, she doesn't have a -- her only ID is her Social Security card and her tribal ID. But they wouldn't pay her that $50 that -- and she asked to talk to management, and the management -and this was done here at Spur -- still would not let that elder be paid the $50. MR. HENSON: Did she ever get her money? MS. ATTOCKNIE: No. MR. OWENS: Did you ever get your money? MS. ATTOCKNIE: No. No, she never did. MR. HENSON: Have her contact the gaming board or gaming commission -- gaming board. MR. WAUAHDOOAH: Mr. Tahah. MS. ATTOCKNIE: Because I do know another individual. She won $4,000, but she just had her tribal ID, but she had to go through whatever and she got her birth certificate, went to the state highway patrol anyway and got a state ID before they would pay her the monies that she won. CBC 01-08-11 - January 08, 2011 MR. HENSON: That really doesn't sound right to me either. And I think if you contact Bill, Bill Pahdocony, that would be something he can bring up. It just doesn't sound right to me. MRS. HENDRIX: Mark, was Oscar hired back? MR. WAUAHDOOAH: No, his term was up. MRS. HENDRIX: I read somewhere he was hired back on the board. MR. BURGESS: No. MRS. HENDRIX: No, he's not? MR. BURGESS: Okay. Thank you. MS. ATTOCKNIE: I just think it needs to be posted at the different casinos. MR. BURGESS: We brought it up, so - MR. HENSON: It's been brought up and the tribal ID up to IRS requirements is okay. MR. ATTOCKNIE: But that was 90 days ago. MR. HENSON: They have to report -gaming has to report to the IRS anything that -anybody that wins over $1,200. They have to do that. And they also have to submit their Social Security card, Social Security number with it. CBC 01-08-11 - January 08, 2011 MR. WAUAHDOOAH: Thomas had a question. MR. TOM NARCOMEY: I have another item. But with gaming, I don't know the people that's handling money should be bonded. I don't know if they are or not. They may be, I don't know. Then the money deposited from the casinos should match the amount, that tapes on the machines, you know, or however you work it. I don't know how often the deposits are made. I don't know whether -- I don't know that it was done before, I don't know. MR. BURGESS: Thomas, now you're getting us into the technical aspects. We don't work there every day, but the board members are covered by insurance. There is a keyman insurance on most of the employees that are in management. Everything is handled in the vault room and is recorded 24/7. No longer are they able to turn the cameras on and off because surveillance is separate from management. Does that answer some of your concerns? You want the gaming board to be bonded, the employees to be bonded. MR. TOM NARCOMEY: Whoever messes CBC 01-08-11 - January 08, 2011 with money. Then, you know -- I know in the past we lost a lot of money. MR. BURGESS: Mr. Norman, what is that insurance policy that's covered them? MR. NORMAN: For anybody that covers money, they have a greater level of scrutiny that they have to go through before they can be licensed, and they can't be employed unless they're licensed. So you got the gaming commission that does the background review for anybody that handles cash. That also has as a element to it a review by the NIGC. The NIGC -the gaming commission purports to want to license somebody and the NIGC objects to it, the NIGC will notify the tribe of that. So you've got the tribal regulatory body, you've got the federal regulatory body before the person can be employed, and then you've got daily 24-hour surveillance of all of the handling of the money. And those people are trained to observe what's going on and report any unusual situations or circumstances. They work together with accountants that are on the inventory and on the business side to make sure that the money is all being accounted for. They CBC 01-08-11 - January 08, 2011 have to do audits annually and submit those audits to the federal government and to the tribal regulatory bodies. So there are lots of steps in place to try to assure that every dollar that comes in is accounted for. MR. HENSON: Checks and balances. MR. NORMAN: Historically, there has been a problem getting all of that infrastructure in place working to the greatest degree that it could, but we are moving to that point now. MR. BURGESS: One of the things, Thomas, our casinos, probably about 2009, finally bought into these electronic counting machines that are in the vault. The only people touching cash are those at the windows and they're continuously observed, they're under surveillance. There's no hand counting in the vault. No longer do you have stacks of money with a handwritten chart on top of it. Now everything's counted by the machine and verified twice before it's stacked into whatever cage they go into. So it's automated counting, not by hand. And it's all under camera. Again, everything's under surveillance. That's why surveillance is no longer under management. CBC 01-08-11 - January 08, 2011 MR. WAUAHDOOAH: I might add, Mr. Chairman, that none of the CBC members go into those vault areas. We don't touch any of that money. Anybody in the past - MR. TOM NARCOMEY: Yeah, in days past, I know the treasurer was hanging around in the vault. MR. WAUAHDOOAH: Everything's electronically accounted for and transferred electronically. MR. BURGESS: Well, thank you. Ms. Tibbs is not - MR. THOMAS NARCOMEY: I've got another item. MR. BURGESS: One more item? MR. TOM NARCOMEY: To revise the economic and put it more toward the economic department. That's an important one. MR. HENSON: What are you talking about? MR. TOM NARCOMEY: In order to save what budget we have in there, because we're just continually losing money, and we're on our fifth million, or I found out it was 5.4 million. I seen one of the budgets was instead of 1 million CBC 01-08-11 - January 08, 2011 it was 1.4. Well, anyway, we need people in there that can do business plans. We need to hire people that can do it, so we need to take a stand in the door. Because that's our hope -- that's survival now if we don't do it. MR. HENSON: Excuse me. What are -I don't know what you're talking about. What economic development are you talking about? MR. TOM NARCOMEY: Well, there's two of them, one is an enterprise. Maybe you want to do that one, too. But I know the economic department really needs to be a moratorium stop on operation, caveat, whatever you call it. MR. HENSON: Are you talking about our corporation or are you talking about - MR. BURGESS: Our corporation. MR. TOM NARCOMEY: Well, yeah, economic corporation department, economic department or staff. MR. HENSON: And now what are you saying we need to do? MR. TOM NARCOMEY: We need to put a moratorium on that -- well, department and staff. MR. BURGESS: If you're talking about CBC 01-08-11 - January 08, 2011 economic development, their budget was 800,000 last year. MR. HENSON: No, he's talking about the corporation. MR. BURGESS: No, he keeps saying economic development department. MS. ATTOCKNIE: He is saying economic. MR. BURGESS: Which one, Thomas? Are you talking about Clean Sweep, Comanche Signs? MR. THOMAS NARCOMEY: Well, economic commissions above the department. If they need to change the board and the department. MR. HENSON: We have two -- we have an Economic Development Enterprise, which is Delphine's organization, and we have an Economic Development Corporation, which is our corporation. That's two completely different entities. MR. THOMAS NARCOMEY: I was getting them mixed up. I thought the -- I don't know. Construction company was over - MR. HENSON: That's our corporation. Now, if you're talking about that corporation, there are some plans that's been looked at. MR. TOM NARCOMEY: Section 8(a) or CBC 01-08-11 - January 08, 2011 that one. MR. HENSON: There's plans being looked at right now. MR. TOM NARCOMEY: Saying what we can in the economic department. MR. BURGESS: I think, Thomas, I understand your concerns here, but if you want to visit further with Mr. Henson or Ms. Nelson on that, you could, because I think they've got plans. MR. TOM NARCOMEY: We've had plans for five years. MR. HENSON: He's not talking about Delphine, he's talking about the corporation. MR. TOM NARCOMEY: Our businesses are losing. We just continue on and on. It's not funny anymore. It's survival. We've got to save what's money in there. And then our people that can do the work, do the job. I mean, we can talk all day long on this stuff, you know, the - MR. HENSON: Thomas, let me give you a rundown on the corporation. The corporation currently has purchased two more construction companies. Our corporation right now is headed in a direction of project management. They don't CBC 01-08-11 - January 08, 2011 hire any employees. There's only three employees up there, and one of them is a project manager. What they do is they go out under the 8(a) umbrella - MR. TOM NARCOMEY: Not that one. I'm talking about the other one. MS. NELSON: What is it that you want to know and what is it that you want to correct? I'm not for sure I understand -- you say the businesses are losing money, but yet you've never been down there, you've never looked at the financials, you've never been in my office, but yet you can make that deduction by just looking at something? I've given you -- I've given an annual report every year at the general council. And I personally handed you one, Gabby. Have you looked at that? Have you looked at that annual report and have you looked at the audit - MR. TOM NARCOMEY: I know the Economic Department didn't create the water park, they didn't create the funeral home, they didn't create the general -- janitorial service. MS. NELSON: Yes, we did. MR. TOM NARCOMEY: And yet they're counting them as jobs they created. Then when you CBC 01-08-11 - January 08, 2011 take those out, how many employees have we got left? There's not going to be very many employees that they created. MR. BURGESS: Thomas, we're going to go into budget discussions with our various departments. That includes Economic Development, Economic Enterprise, gaming board, and all the entities, the museum, even the college. So we're going to be looking at all those budgets and reviewing those. There's no guarantee that they'll get this year what they got last year. MR. TOM NARCOMEY: This, if you don't want to take action, call a special council meeting on this, or else authorize an agenda item on the annual meeting. Because we'll just lose some more thousands of dollars from now 'til April. If that's the way we've got to do it, we've got to do it. Authorize a moratorium on the agenda item for the annual meeting. That way, if you don't want to represent us, let the people, let us represent ourselves so we can vote on it, so we can have a voice. We need people that will represent us. MR. BURGESS: When we get there in April, that's what you can do, Thomas. CBC 01-08-11 - January 08, 2011 MR. TOM NARCOMEY: That's what I'm saying, put it on your annual budget or annual agenda item. MR. BURGESS: When we get to the line items, that's when you can get up and discuss that and let the people make the decision. MR. THOMAS NARCOMEY: Meantime, you can still put an agenda item to put a moratorium on the economic department. MR. BURGESS: People will vote it up or down. If you want to say put a moratorium on it, you know - MR. TOM NARCOMEY: Moratorium, revise the ordinances, whatever. But you need to change the staff and the board. You know, there's no -nothing's been going on. We're just going to continue having a loss 'til - MS. NELSON: You don't even know what's been done. MR. BURGESS: Thomas, before you stop anything, you have to have a plan to stop to see what it costs you not to do something. So that evaluation will have to carry forward. Before we do any moratorium or voting, we're going to have to meet with them and see what it is what's CBC 01-08-11 - January 08, 2011 working, not working, and ask them to either pare it down or cut it off. So let us get down to that point. You used one word that covers all of this, Thomas, revised economic ordinance. And my assumption here, you mean the Economic Development Corporation where Mr. Tahmahkera and board members sit over there, Clean Sweep. That's what you're referring to. All right. MR. HENSON: Not the corporation, Enterprise. You just said corporation. MR. BURGESS: Economic Development, that's what they're at this time. MR. TIPPECONNIE: Not corporation. MR. BURGESS: Okay. Moving on. Ms. Tibbs is not here. Karl, Mr. Tahkopfer, Clyde added you to the agenda, but I don't have a copy of that contract. MR. TAHKOPFER: The attorneys should have it. MR. BURGESS: Do y'all have it available? I know you e-mailed it to me, but I neglected to bring it with me. MR. NARCOMEY: Do you have a copy of CBC 01-08-11 - January 08, 2011 it, Karl? MR. TIPPECONNIE: Let me ask a question of the CBC here. Didn't we submit an RFP and that RFP is what we're waiting for to act upon this? MR. HENSON: Yes, yes. MR. TIPPECONNIE: It's not the contract. We said we want a well bore geologist. MR. BURGESS: And we put out the announcement. MR. TIPPECONNIE: That's the way we're addressing this. MR. BURGESS: Did that go to Mr. Nauni? MR. WAUAHDOOAH: It was on the Website. MR. TIPPECONNIE: No, they came into Nicole. MR. WAUAHDOOAH: But it's on the Website, though. MR. TIPPECONNIE: That's where we announced it, on the Website. MR. WAUAHDOOAH: So it's done? MR. TIPPECONNIE: Yes. That was the way we were proceeding to gain that person to do CBC 01-08-11 - January 08, 2011 that job. It was by RFP, not by a contract. Now, that will result in something like that. MR. TAHKOPFER: That seems like to me more of stalling thing to stop this thing. We're headed for critical times with our water, Bob, and you need to admit that, and these people ought to know about it, the allottees and stuff. MR. KOSECHEQUETAH: It's not a stalling technique. To make it fair, it had to go out to everybody. We couldn't just appoint you. We talked about that as a committee and that's what we decided. There's not going to be a whole lot of people out there, we know that, that can do what you can do. But we figured we make it fair and announce it. MR. HENSON: It's our policies and procedures that we have to follow. MR. KOSECHEQUETAH: Sole source contract in certain situations. MR. TAHKOPFER: This has been going on since June, you know. MR. TIPPECONNIE: The CBC agreed to do that, so that's why - MR. TAHKOPFER: That's a long time. You know, six or eight months not to take action CBC 01-08-11 - January 08, 2011 on something, just stall it and stall it like you really don't want it. And when we approach these critical drought times like we are now, it hurts our allottees. MR. WAUAHDOOAH: Mr. Tahkopfer, let me ask the CBC this. The 6th was the closing date. Was there any submissions? MR. BURGESS: 7th. MR. WAUAHDOOAH: Was there any submissions? MS. ATTOCKNIE: Not that I received. MR. BURGESS: I don't know. Nicole was receiving it, but she didn't tell us. I didn't ask that question. But going by the procurement policies and procedures, the applicants will be reviewed and then the most qualified will be hired, also based on tribal preference. MR. TIPPECONNIE: So those are then received and then they're evaluated based upon response to the RFP? MS. ATTOCKNIE: But I didn't receive one from Karl. MR. BURGESS: He said they were listed to go to Nicole. CBC 01-08-11 - January 08, 2011 MR. TIPPECONNIE: This one was to go to Nicole. MR. BURGESS: Closing was yesterday, so we don't even know. They were supposed to be closing on the 7th. MS. ATTOCKNIE: Did you submit one? MR. NARCOMEY: No. MS. ATTOCKNIE: Then you're not going to be considered. MR. TAHKOPFER: Fine. I'll go elsewhere. MR. TIPPECONNIE: Anyway, there's no contract that wasn't pursued. MR. NARCOMEY: We should have hired Karl right off the bat, the way I look at it, instead of waiting and waiting. MR. TAHKOPFER: RFP. MR. NARCOMEY: We did a lot of things on the spur of the moment that we know, some people know that it's not right. And important things like water, you know, that's important. MR. BURGESS: Well, it sounds like we don't have any applicants, so we should reannounce it. MR. NARCOMEY: We couldn't even CBC 01-08-11 - January 08, 2011 reannounce it. The Comanche elders knows. They've been messing with this seven months now, and they'll probably still be waiting in April. MR. TIPPECONNIE: But, Clyde, remember the -- not me, the CBC decided this. The CBC said go RFP. And that's to be in accord with procurement. We're trying to get into order of following policy and procedure. MR. NARCOMEY: And here we hire people being investigated or charged with embezzlement. They're still on board. You know, I heard we gave them a raise, too. MR. TIPPECONNIE: I'm not into that, I don't know what you're talking about specifically, but - MR. NARCOMEY: You don't know about the raise? You don't know? MR. OWENS: I don't care to talk about it. MR. TIPPECONNIE: We're talking about this one subject. That's the way we did. So if we have no applicants, we'll reissue it. I'd like to suggest, if you'd entertain it here before we have Debbie come forward, I'd like to get one motion acted upon, if you will entertain this. CBC 01-08-11 - January 08, 2011 MR. BURGESS: Mr. Tippeconnie is going to be traveling to the NCAI board in January here, or is it February? MR. TIPPECONNIE: January. MR. BURGESS: And this is the 25th through the 28th. And he's the Southern Plains Regional Vice-President, so he represents all tribes, about 15 of us. MR. TIPPECONNIE: Twenty or more. MR. BURGESS: Twenty of us or more. We need a motion to approve his travel. MR. HENSON: When is that going to be? MR. TIPPECONNIE: 24th through 28th. MR. HENSON: I'll make a motion to approve. MR. KOSECHEQUETAH: And a second, Chairman. MR. BURGESS: Motion by Mr. Henson, second by Mr. Darrell Kosechequetah. All those in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, say "nay". All those abstain, same sign. The ayes have it. CBC 01-08-11 - January 08, 2011 MR. NARCOMEY: Another thing, too, going back to Karl's deal, we have a lady that her contract run out on June 22nd. We still got her on board. She's wasting our people's money. Even though her contract's run out - MR. BURGESS: Well, we all know how that happened and why, so -- we'll get this going. MR. TAHKOPFER: Well, Robert, I know you wanted to be the water man, but you're not qualified, you're not a hydrologist. MR. TIPPECONNIE: I'm not trying to be the water man. MR. TAHKOPFER: You were before I came on the scene. MR. TIPPECONNIE: I participated in water activity, yes. MR. BURGESS: Mrs. Hendrix, you're next on the agenda. MRS. HENDRIX: Okay. I guess we're going to keep going over and over this until it's corrected. I have a stack here you told me to -when we met with Donna Wahnee, she brought out some issues that weren't even pertaining to anything. She did a bunch of paperwork that was CBC 01-08-11 - January 08, 2011 all her writing and gave you copies of it. Everything I gave you was government documents, official government documents, and here's a stack of only three years that people have been put on the roll from other tribes in reference to what she was talking about. Also, my enrollment number is 4568. Ron, yours is 2000 past mine. If I didn't make open enrollment, how did you make open enrollment? Because all the RedElks are in Fort Townsend, but you're in 7,000, so how did that happen? Also, not the only one. Mr. Kosechequetah, it seems like all your family enrolled at the same time. How did that happen? MR. KOSECHEQUETAH: Let me see it. MRS. HENDRIX: See right there? All enrolled because their numbers are all in sequence, so they all enrolled at the same time. Michael Burgess, your number is after mine. So is -- oh, and Donna and her sister enrolled at the same time. She was saying that my son and daughter couldn't enroll at the same time, but yet her and her sister did. Carmalita Edwards enrolled after I did, Michael Burgess did. MR. BURGESS: What year was this? CBC 01-08-11 - January 08, 2011 You're talking about these years. 1967? MRS. HENDRIX: No, we didn't have enrollment until '76. MR. BURGESS: Yeah, but you had to be on the Comanche roll or Kiowa roll or Apache roll in order to get the per cap distribution. MRS. HENDRIX: Right. And did I not show you that last time? MR. BURGESS: You probably did. You showed me a lot of stuff. MRS. HENDRIX: Right. And those of us that were here, here is a resolution on me that said the Comanche Nation Constitution ratified in 1962 did not allow for open enrollment, period. The application for enrollment was received after the 90-day period after approval of the constitution. Well, when the constitution was approved in 1966, we didn't have membership. And if you pull out your constitution, you will see that membership wasn't added until 1976. That's why everybody's enrollment through the Bureau says '76. Mine says '76, my father's says '76, my husband's says '76. You go home and look at yours, yours says '76. CBC 01-08-11 - January 08, 2011 UNIDENTIFIED SPEAKER: Mine says '74. MRS. HENDRIX: Well, my application in '73 was what one of the enrollment people told me the other day, but Donna had blocked that out and showed people that mine is '73. But through the Bureau when you got your Bureau enrollment, it says '76, because we didn't have enrollment until '76. So my enrollment through the Bureau, which they did the enrollment in '76, says '76, I believe it's May of '76, and our constitution says we amended our constitution to add membership May of '76, then how did I not make the 90-day open enrollment? How did you make it? But, just to show you that, they're saying I was duly enrolled on the Caddo Tribe. He's a Caddo Tribe constitution. It was ratified in '76, but their tribal membership didn't start until '82. They did not have membership, a membership roll, you could not be on the Caddo roll until '82. This is in black and white, people. How was I dually enrolled in '76 when the Caddos didn't even have an enrollment roll until '82? What, seven years later, eight years later? So they can foresee the future that I'm going to be on the Caddo roll eight years later? CBC 01-08-11 - January 08, 2011 Okay. It also say that my kids were dually enrolled. This is a resolution. These are the only things we're going to consider here because this is what they used to disenroll me. They said my kids were dually enrolled. I have a letter from the Bureau, I also have the letter from the Caddo Tribe stating that I never received any monetary benefits from the Caddo Tribe. I've got that here. This is in a letter. I've also got a letter from the tribe saying the encoding was done through the Bureau. Here's the encoding sheet. These are government documents, people, that state the encoding was done. And then to boot all that, the chairman of the Caddo Tribe, the enrollment director and the enrollment clerk signed a letter and sent it here that the kids were not on the Caddo roll, they were on the Comanche roll. They sent all these documents, but Donna failed to present all of those until I did. She would like -- I've told, most of you know, because I've sent -- everybody knows my whole history. I've sent everything out on the Internet. I have been enrolled since '59 on the CBC 01-08-11 - January 08, 2011 KCA roll, because we were all KCA. This is a whole stack of only three years of people, and there are kids in here that came from the Kiowa Tribe at the same age my kids came from the Caddo Tribe. I told them before, there is a Julie and a Keba Hendrix that were on the Caddo roll. They didn't switch when they were 18, but they're on the Comanche roll. My brother's kids, two boys, came from the Caddo roll. They didn't switch when they were 18, but they're on the Comanche roll. So this has been a singling out, and after all these documents I have presented it continues. My kids have been hurt because of this, and I'm not going anywhere until it's corrected. If I have to go back to Washington, I'm going back to Washington, because this will be corrected. I hope before I die. My best friend left this world, you know, with hanging over a recall on him that never was corrected. I hope those people feel bad that did that to him. I'd like this resolved so I can move on and my kids can move on. My kids -- my daughter has two kids that are on the Comanche CBC 01-08-11 - January 08, 2011 51 roll. Here, the Bureau says the base roll, rolls are used by the BIA and the tribal governments to determine who is eligible for citizenship in various Indian nations. You often see these terms used in tribal constitution, BIA documents, and tribal enrollment. Right on the base roll this is what it says: The list of original members of a tribe as designated in a tribal constitution or other documents specifying enrollment criteria. Future members usually must be able to trace a descendant from a parent named on the base roll. So they had to use me to put my grandkids on there because I'm on the base roll. Now, tell me how that works. These documents have been in black and white for three years, and anybody that can read can read these are official documents. So what's the problem? Do we want to start going through the list? Do we want to start going through the list? You told me to prepare the list. I have the list. I also have all these documents of people that came from other rolls and -- okay. I gave you a whole list. These people all came from different rolls. They didn't make open enrollment, but they made the roll. One of them CBC 01-08-11 - January 08, 2011 is Shelly Asepermy, Lanny's wife. She didn't make open enrollment. She didn't switch when she was 18. MR. TIPPECONNIE: Debbie, I'd like to suggest that the CBC go into executive session and discuss this. MRS. HENDRIX: No. These people all know what's going on. MR. TIPPECONNIE: You're presenting it to us, but the CBC needs to have a discussion. MR. BURGESS: The CBC needs to have a discussion among ourselves on this. Before we do that, we have the optometry contract. MRS. HENDRIX: What else can you discuss that I haven't discussed for the past three years? MR. BURGESS: We want to discuss among ourselves what our action's going to be, the resolution is going to be. MRS. HENDRIX: You can vacate all the resolutions on the kids and me, and you can't say that hasn't been done, because five years ago you vacated a resolution. MR. BURGESS: Which one was that? MRS. HENDRIX: On you. CBC 01-08-11 - January 08, 2011 MR. BURGESS: Five years ago on me? MRS. HENDRIX: Yes, to restore the powers of the tribal administrator. Remember they took it all away from you? Well, five years later they vacated the resolution where they took all your powers away. MR. BURGESS: They did that in 2009 and they internally passed that resolution in 2006, so eight years later. MRS. HENDRIX: Four. MR. BURGESS: What was it that I went to jail for or something? MRS. HENDRIX: Yeah, here it is in black and white, four. They vacated it five years later. Now, this has been going on three years. And like I said, my enrollment number is 4 something, and I've got the list of people that were enrolled after me and they're on the roll. And some of you are on that. So if I didn't make open enrollment in '76, I guess y'all didn't either. Right, Mark? MS. ATTOCKNIE: So there's a motion by the CBC? MR. BURGESS: Not yet. We're just making a statement here. CBC 01-08-11 - January 08, 2011 UNIDENTIFIED SPEAKER: Is there -maybe I don't understand all this enrollment thing, but what is the reason that when someone is enrolled -- this number or whatever, we don't know who's on it, who's applying to be in our tribe. We never have an opportunity to say I'm not related to that person, because we don't know who they are. We don't have an opportunity to present evidence that they are a blood kin, that they should be on the rolls. We don't know anything about it. We get a list -- or I don't. I get a list number that they have either been accepted or been rejected or they're applying for, but we don't know who they are and we don't know who's been accepted, and why aren't we allowed to know who wants to join us? MRS. HENDRIX: They just voted on membership this morning, but they didn't tell you the names. MR. BURGESS: In the past, we've had lists that are up to 50 names long. Sometimes they were read. Now, today we have a list of 28 people. And when I came into office, all we had was the first and last name of that individual. In talking to Ms. Wahnee, I've asked her to start CBC 01-08-11 - January 08, 2011 including the family names. This young lady here, Aiyana Alrahimi, she's out of the Otipoby family. It's her parents whose responsibility it is to make this known to us and to verify that they meet the requirements of the constitution. We have Rachel Bates, she's out of the Ototivo, Penockquaddy, Chasenah families. We have Cruz Burgess. He's from the Perdasofpy, Say-Wy, Cable, Wermy and Atauvich families. We have Jasmine Clark. She's out of the Clark, Parker, Teresaz, Permansu families. Jason Parks -- see, it gets longer. So it gets to be pretty long, but you can go and request a copy. Once it's voted on, you can request a copy to see if you're related to any of these. UNIDENTIFIED SPEAKER: But can you request a copy or can you post a copy somewhere? MR. BURGESS: You can go and request a copy of this once it's voted on and approved. Even those that are voted out you can request a copy. UNIDENTIFIED SPEAKER: My question is, why can't there be a posting, even somewhere at the complex, of the people who are applying to be on and the people who have been accepted as CBC 01-08-11 - January 08, 2011 being on? MR. BURGESS: It's not always in the paper, but it could be there. But then again, if you want to know that and you're the first person who's asked me if they can have a copy of this. So I'm not going to post something unless it's majority people want to know, and all they have to do is call the office to find out who's been approved this month on the list. Some people do, particularly family members. UNIDENTIFIED SPEAKER: I would more want to know who's applying to be - MR. BURGESS: That's confidential. That's up to the family. MR. TIPPECONNIE: That's confidential. MS. ATTOCKNIE: That's not your business or my business. UNIDENTIFIED SPEAKER: My business is someone claiming to be kin to me and they're not. MR. HENSON: Let me say something here. We have an enrollment director and she has a staff, and they give them the application. The whole staff goes through and they do a research on the background of each person. That's how they CBC 01-08-11 - January 08, 2011 come up with the background of what family they come from and so on and so forth. MS. MALLORY: Because there were -my mom was on her deathbed and there were people coming down there with altered documents, and I seen altered documents. Because I have documents from back in the 1800s, and you can go and look at them now and you can see where one-fourth has been altered to four-fourths. I think it's important that we have an opportunity to defend ourselves against people that are claiming - MR. HENSON: Could we get your name for the record? MS. MALLORY: My name is Linda Lee Mallory. MRS. HENDRIX: Most of the time begins when they apply for the application. They provide all the backup. This was done -- it's a government document, too -- census of the Comanche birth in 1913. It shows my dad, Charles Wells, to be born to Otto Wells, original allottee. This is what I provided showing my lineage and that I am Comanche. MR. HENSON: I might say one other thing. All the resolutions passed are public CBC 01-08-11 - January 08, 2011 record, so if you want to go and get a copy of anything there, you can ask for it and they'll give it to you. MR. WAUAHDOOAH: On the Website of the Comanche Nation, is the new membership people listed? MR. BURGESS: No. MR. WAUAHDOOAH: You might want to start doing that. MRS. HENDRIX: You can also go to Lonnie's office at the agency and request information on your family, and they'll go back to the beginning and show all those - UNIDENTIFIED SPEAKER: My grandfather was born in the 1880s and my grandmother was born in 1902, and my father is going to be 100 in April. So I have firsthand knowledge of my immediate relatives and those that are younger than I am. MRS. HENDRIX: That's exactly the way I do. Daddy kept all these documents, kept them all, and I have the whole book of the Comanches, Kiowas and Apaches in a wooden book with all those old documents in it. I have that. UNIDENTIFIED SPEAKER: There's CBC 01-08-11 - January 08, 2011 something wrong with what I hear, and I haven't lived here but almost three years. I've been out of state and I have moved my mom back here because she didn't want to die away from her people. I just think that what I've heard about who is and who isn't, and whose color is light and who's dark and whatever, and our -- I don't know how many times our constitution's been amended. I have a copy of the original original, original. MRS. HENDRIX: I do, too. UNIDENTIFIED SPEAKER: There are a lot of people that I think meet that requirement that somehow or another didn't get enrolled or didn't know about it, especially if you didn't live right there. And those people are children and grandchildren of people that were forcibly assimilated. I go to Fort Sill reunions and I hear what a wonderful time they had. My mom and her sister went because the sheriff picked them up and hauled them over there, cut their hair, beat them up, and then they sent them off to other parts of the country. You come back here and you hear oh, well, you left, you didn't stick around. Well, those are the people that enabled the rest of us to have the right to sit CBC 01-08-11 - January 08, 2011 here and say that we're Comanche, those original people, and when the original enrollees were enrolled in that 1898 and the 1906 one, it was if you were living with a Comanche, if you were accepted by the Comanche as a Comanche, then you were enrolled, you're allotted as a Comanche. This was an allotment scale. And then the constitution said that the descendants of that. And if you were born before -- my son was born before the constitution, so there is the provision for those children who were direct descendants of an original allottee. But I don't seem to hear that happening here. MS. HALL: Well, you need to talk to the former chairman, the one that done it. Put it back like they were and let the girls or the men decide what roll they want to be on. Debbie, she's been Comanche all the time I've known her. MR. NARCOMEY: I've got a question for the lawyers. CBC voted her and her kids off, right? The CBC did? MR. NORMAN: Well, they - MR. NARCOMEY: Now, to reinstate them, can the CBC reinstate them by a vote? MR. NORMAN: The CBC didn't disenroll CBC 01-08-11 - January 08, 2011 them. The CBC acknowledged that the constitution automatically disenrolled them. But the problem all along with this has been the constitutional language, which says that an individual under certain circumstances is automatically not eligible to be a member. And if that language about what automatically happens to a person were not there, then the elected officials would have greater discretion to address these issues on a case-by-case basis. That's why we recommended over and over and over again that we need to address the constitution, either by proposing an open enrollment or by omitting that language or both, so that you can provide -- the constitutional language does that automatically. MRS. HENDRIX: Yes, and I just read where the constitution says -- the resolution says I didn't make the 90-day open enrollment period. And I just showed you on the constitution that we didn't amend our constitution to add a Comanche to the Comanche roll until 1976, and my enrollment is May 1976, even though I put in an application in '73 and I was on the KCA roll since I was born. So that provision in the constitution makes me CBC 01-08-11 - January 08, 2011 eligible. Now, if he wants to say that CBC can decide, that's bull crap. I went to Washington, D.C. The deputy director in EchoHawk's office said that our constitution does not provide for disenrollment. And I said, well, they're telling me we'd have to amend our constitution to add, to putting people back on, and he said why. There's no place in it that says you can disenroll them. And besides, this is not an enrollment issue. This is a constitutional issue. MR. NORMAN: That's exactly what I said. MRS. HENDRIX: And the constitution says I made open enrollment when we added enrollment. I was on the roll. I went from the KCA roll to the Comanche roll, as did the Kiowas to the Kiowa, as Apache, but we're still KCA Indians. UNIDENTIFIED SPEAKER: So are we all vulnerable to disenrollment, then, if somebody doesn't like you? MRS. HENDRIX: Yes. This was a conspiracy, and I'll give you a copy of the minutes and you can read it, you can see what CBC 01-08-11 - January 08, 2011 happened. MR. NORMAN: This was the beginning of a -- I think there was a statement made earlier about people being pinpointed. I believe there were 80 families or 80 individuals I believe initially in this audit of the enrollment records to determine and verify whether or not people had been properly placed on the roll. My understanding is that there remains additional auditing to be done, but it's all to make sure that the documentation in an individual's file comports to constitutional provisions currently about enrollment. And again, if those constitutional provisions are creating problems or if the enrollment of an individual previously did not satisfy those constitutional requirements, there are a number of people being affected by that, the answer to that is to address it with a constitutional amendment, so that everyone may find themselves in that situation can have those circumstances addressed. UNIDENTIFIED SPEAKER: Let me ask one more question. MR. WAUQUA: May I say something CBC 01-08-11 - January 08, 2011 before you get on with this? MR. BURGESS: Go ahead, Pratt. MR. WAUQUA: I'm an elder. My name is Pratt Wauqua, but I'm a lot older than all of y'all. So I'm going to sit here and say something. We elected committee people to run our tribes. We got a white man over there trying to dictate our tribe to us. We don't need that. We elected y'all to do our job for us, and here y'all are trying to tear down our tribe. I thought y'all was trying to build our tribe, not put it away. And then you got one over there that says we need to go into executive session to discuss something. What are you going to discuss when the whole paper is laying there on your table? All you got to do is go around to each one, do you believe what she said. You could sit there and discuss it all. You don't need to go in the back door and discuss or be ashamed of what you're doing. Stand out in front of the people. Stand up. Be what you're supposed to be, what you were elected for, not to listen to somebody dictate to you what our tribe needs to be. You're there for us. Y'all hired CBC 01-08-11 - January 08, 2011 him. Y'all kept him. Whatever y'all need for advice, then ask him. Don't let him dictate what our tribe is like. We need something better than what we got now. We need our people back together. That's what we really need. MR. BURGESS: He was explaining to Linda there the circumstances when the CBC took the vote and how it is a constitutional matter. He agreed with Debbie, it's a constitutional question. So until you change the constitution or until we find out that we want to have a meeting, special meeting, a hearing to reinstate her. That's what we have to discuss, and it's getting -- it's dragging on. We have other things to attend to here. MRS. HENDRIX: Well, it's been dragging on for almost three years. MR. WAUQUA: You got the paper right here. You need to come out and say let's put her on or leave her off. MRS. GALLEGOS: Wasn't it Ron that made the motion to disenroll you guys? They can put you back on. UNIDENTIFIED SPEAKER: I have a question to the attorney through the chair, CBC 01-08-11 - January 08, 2011 please. I want to know if when you amend the constitution the people that were enrolled under the original constitution that didn't have all this if you ever or whatever and when you're 18, whatever, if when you amended that, were the people who were already enrolled originally, were they then safe from disenrollment? Or can you come back and amend the constitution and go back and say, well, they weren't? MR. NORMAN: Two things. One, as the gentleman said, we only advise and provide recommendations, which can either be accepted or rejected. The CBC makes these determinations. This particular discussion has gone through two business committee hearings and four court proceedings, and all of them have ended the same way. With respect to an amendment to the constitution, it would be up to these individuals to craft what that constitutional amendment is. The Supreme Court and Congress says tribes have their own inherent authority to determine who their members are. And so what you determine through the framework of your existing constitution about who will be and who will not be CBC 01-08-11 - January 08, 2011 a Comanche through that constitutional amendment process has to be approved by the Department of Interior. But it's up to your body of elected officials to craft that. Now, I can't guarantee you that somebody won't craft something in an attempt to maybe reduce the number. We have heard in the past people are concerned about per capita payments, and so they want to go from one-eighth back to a quarter. So there may be pressure in the future for that. So I can't guarantee you that there won't be pressure at some point for people to reduce the number of people on Comanche rolls. But they should not -- I think it would be our recommendation to them not to remove people that historically have been on the Comanche roll. MRS. HENDRIX: Historically, I have been since I've been on the KCA roll. But let me tell you something. When we had this meeting the last time, your enrollment director, I said I can prove everything that you're saying about me and my kids, that you submitted this in the past, all of this, for three years. This is just three years. This is the list you were talking CBC 01-08-11 - January 08, 2011 about of those enrolled, coming from other tribes, coming when they were too old, coming when they were still on another tribe. And then there's some that weren't even Comanche, and then a couple months later they could become Comanche and they get on the roll. Now, tell me how that happens. MR. BURGESS: Clyde, did you have your hand up? MRS. HENDRIX: Also, there are people that aren't Comanche. If this continues, the whole list I've got where Oscar, Lanny's wife, and all them didn't make open enrollment, then if you're going to go by what he said, then all these people need to come off. Ron needs to come off, you and your family need to decide who made the open enrollment and who didn't. So, you know, that's what we're going back to. But your enrollment director sat here when I told her I've got all these documents, you know what she said? Well, good, that means more per cap for the rest of us. That's your enrollment director. MR. NARCOMEY: Just for the record, I was sitting on the CBC at that time. I think Ron was also. But when we voted on Debbie, I think it was 6 to 1. 6 to take her off, 1 to keep her on. CBC 01-08-11 - January 08, 2011 I was the one that voted to keep her on. Just for the record. If it comes up again, I'm going to vote to put her back on. Just a personal grudge against Debbie at that time. MRS. HENDRIX: You know what? I was sitting outside in the lobby when they disenrolled me. They could have called me in. Did they? No. But then they voted that night, the attorneys had them sign it, they delivered it to me the next day, the day before general council, because I was going to run for Secretary/Treasurer. They didn't want me to run, so they disenrolled me. These two are here illegally, the Bureau says, because they took me off by a phone vote off the ballot, and that's illegal by our constitution. But the attorney's not going to tell you that. MR. BURGESS: Mrs. Hendrix, that last statement about the vote, I requested in writing of the BIA to show me any documents that went to them about this vote, and they have no documents from anybody purporting that the two gentlemen here were elected illegally. I asked them to supply anything they had based on your statement, and they told me there was nothing in writing. CBC 01-08-11 - January 08, 2011 MRS. HENDRIX: Here it is. Not in writing? MR. BURGESS: Well, not to me. They said there wasn't. MRS. HENDRIX: But all this, even one of the people that disenrolled me, I can prove, isn't even Comanche. MR. HENSON: Prove it. MRS. HENDRIX: I can. As a matter of fact, two of them I can. Two of them that was on the board I can prove aren't Comanche because I've got all the documents on them. MR. BURGESS: Debbie, this is about your enrollment. This is not about the election. MRS. HENDRIX: Yeah, but it says on here. MR. BURGESS: I asked them for anything they had. They didn't give me anything. Said they didn't have it. MS. HALL: What we're mad about, when we had the hearing, the day before they told us that we couldn't bring anybody in or get any help. The day before. MR. BURGESS: No representation? MS. HALL: The day before, CBC 01-08-11 - January 08, 2011 Ms. Wahnee read the letter and said we could not have anybody there except the person that was to be hearing. MR. BURGESS: I know this is a big topic, and a lot of people want to step in and weigh in on it because it's been going on three years. MRS. HENDRIX: Let me read this. You said you wanted to know. There's no provision for transacting business by phone vote, whether it is a conference call or by polling CBC members on the phone. Actions taken outside of a properly-called meeting with a quorum present are void. MR. BURGESS: You referred to the two gentlemen being elected. MRS. HENDRIX: Then it's void. MR. BURGESS: There was nothing from the Bureau that said the election was voided. I asked them that question. MRS. HENDRIX: Right here. MR. BURGESS: No, that's about the poll vote, that's not about the election. MRS. HENDRIX: Yeah, because then all the actions taken while everybody - MR. BURGESS: There is no protest CBC 01-08-11 - January 08, 2011 that these gentlemen were - MRS. HENDRIX: What does that tell you, people, that I just read to you? That everything is void, right? MR. BURGESS: That's referring to a poll vote on your vote. That's not referring to your election. MRS. HENDRIX: It says action taken outside a properly-called meeting. MR. BURGESS: You said they were elected illegally. MRS. HENDRIX: They are. It says right here outside a present quorum are void. So that meeting where they had and put them on the ballot and not me is void, Mike. This present says void. MR. BURGESS: Then that's a whole different topic. That's referring to your enrollment. That's not referring to the election process. MRS. HENDRIX: MR. BURGESS: MRS. HENDRIX: MR. BURGESS: not to the chairman. They addressed it. No one protested it. I did. In a letter to you but CBC 01-08-11 - January 08, 2011 MRS. HENDRIX: I did protest it. It was $1,000. MR. BURGESS: Not to the BIA. MRS. HENDRIX: I wrote a letter to them. That's why they answered this by the phone vote. MR. BURGESS: I don't know about that. I asked about the election. MRS. HENDRIX: I'll get the letter that I wrote to them and show you, and that's what they're referring to when they answer me. Where was our attorneys when this phone vote was taken? Why didn't they tell -MR. BURGESS: carrying on too long. MRS. HENDRIX too long for my kids. MR. BURGESS: Mrs. Hendrix, we're Three years has been I was wanting to go into a meeting and discuss establishing a special meeting among ourselves. I tried it twice in executive session, Debbie. MRS. HENDRIX: Every time I have met with you, it's well, we need a special meeting, we need a special meeting. MR. BURGESS: We have to conduct a CBC 01-08-11 - January 08, 2011 hearing again. If we conduct a hearing for you, then we conduct one for everybody. MRS. HENDRIX: So? MR. BURGESS: You want us to spend all that time on that? MRS. HENDRIX: These people that were disenrolled were done out of spite. Our Comanche princess was disenrolled. MR. BURGESS: Yes, Mrs. Gallegos? MRS. GALLEGOS: I just want to say one thing on the whole process. I don't think the people that were disenrolled were given due process, because the CBC that disenrolled them or agreed that they were not legally enrolled were also on the panel when they filed a -- for the hearing. It was the same individuals that heard that made that decision. So if you -- anywhere else if you go and you get, you know, you get fired by your boss, well, then you go for a review board. It's different people that hear it. You know, so that it's fair. This was not fair. The people who voted for it to happen are the ones who sat on the hearing board, and they're not going to change their minds. So it was not -- the due process was not there. Ron was the one who made CBC 01-08-11 - January 08, 2011 the motion to disenroll them. So he's sitting right there, he can make a motion to rescind his motion. And then if the people sitting right there agree - MRS. HENDRIX: But what I'm saying is, the other 100 or 100-and-some received letters. Her daughter never received a letter. It was posted, but she didn't receive a letter. But boy, they came out to my house and hand delivered it to me by law enforcement the night before general council. Now, what does that tell you? Is that not a conspiracy? If they mailed it to me, I wouldn't get it until next week. MRS. GALLEGOS: I think you should be addressing these questions to Mr. RedElk. He was on the CBC at the time. MRS. HENDRIX: Clyde was on there. He'll tell you what happened. MS. HALL: We weren't given a fair chance at all. It was just cut and dried. MRS. HENDRIX: And, Ron, you know good and well my family, and you knew my dad. If my dad was up here today, he'd be up here telling you and telling all of you. MR. WAUQUA: Ask Ron what he thinks CBC 01-08-11 - January 08, 2011 about it. MS. HALL: He's not saying a word. MR. BURGESS: Let's move on. MR. REDELK: What I made my motion on was based on the information that enrollment gave us. Not only on Debbie's case, but all of the others. Now, I can't quote word for word everything that all of those individual cases were, but it wasn't easy. I feel like I'm a compassionate person, and I know that it hurt these families. Any decision that I make is based upon the rule of law that gives me authority as a CBC member. MRS. HENDRIX: You took that authority, then. MR. REDELK: And that is the constitution. And everything that I recall about all of those situations, including yours, Debbie, was that that was an out-of-order enrollment. The last meeting that we had, I didn't see any documents that you provided that stated anything different. MRS. HENDRIX: The government documents you saw from the Bureau, the base roll document, the original, this came out of the book CBC 01-08-11 - January 08, 2011 that I have, 1913. And Donna can't come up with anything 1913. The official KCA payment in 1959 to me, you didn't see any of that because copies were made for all of you. You didn't see the letter from the Bureau stating I've never been on any other roll. But, Ron, let me ask you this: I showed them the Comanche constitution. We were amended in '76 to add membership. The Caddos weren't amended until '82 to add membership. What does that tell you as a supposedly intellectual, intelligent person? That if the Caddos didn't have a roll until 1982, what does that tell you about me being dually enrolled in '76? What does that tell you? MR. REDELK: You've presented a lot of materials, you've mentioned my enrollment number, your enrollment number. I don't know what those numbers mean. I don't even know when I enrolled. MRS. HENDRIX: See. MR. REDELK: Or if I enrolled. MRS. HENDRIX: That's what I'm saying. Nobody does, because the Bureau did it from the KCA rolls. We're all KCA Indians. They did it from the KCA roll. You were automatically CBC 01-08-11 - January 08, 2011 put on the Comanches because you were on the KCA roll. So was I, so was my family, because we were all Comanche from the KCA roll. All the Kiowas were. Now we have Kiowas switching to the Comanches because of the per cap. MS. MCDANIEL: We are discussing this -- we have been discussing it for a long time. MRS. HENDRIX: And here's the attorneys whispering in everybody's ear. MS. MCDANIEL: Nobody wants to sit here and listen to it time and time again, but this affects our entire nation, not just Debbie, not just the folks that have family disenrolled, but it's our whole nation, and it has to be corrected. You're sitting here listening to evidence that she didn't have an opportunity to provide when you made a snap decision and removed her from the roll. The rest of them didn't have an opportunity to present their records and evidence, and that is denying each one of them due process and fair treatment. Our law does not provide you the opportunity to mistreat our people. You should have listened to them, you should have made opportunity for them to present evidence in a CBC 01-08-11 - January 08, 2011 hearing where they would be -- where they would have due process and fair treatment. What y'all did to them was not right. It was wrong. So you gentlemen, all of you right here, seven of you, those men back there made that decision. It was a wrong decision. You men right here can correct it today. You were the only one that voted no. Today, you should be the one that stands up and says, I make a motion we pass it to correct this wrong that we did to our people. You are a leader. You're going to go down in history remembered for what you did to your people. Is that the way you want to be remembered? MR. BURGESS: Yes, Thomas? MR. TOM NARCOMEY: I was listening to the attorney, William Norman, explain the enrollment. This is kind of related -- is related. I remember we had a lot of trouble in the past with people being put on the roll for self-interest. You know, more votes. CBC was putting a lot of people on the roll. We had a lot of trouble with that. So I kept on saying we need an audit, we need an audit. You can check the CBC minutes and see my speeches in there, whatever. I don't know. I wanted an audit. Finally they done CBC 01-08-11 - January 08, 2011 an audit, and we got rid of 80 people or more. Our attorneys said we should have done a more comprehensive audit, so I would say we need a resolution, CBC resolution to do an audit, forensic audit to day one and maybe put an amount in the budget for that audit to help pay for it, to clean up that enrollment. There's a lot of wrongs in the past, but we need to correct it. I mean, ask attorney Norman. MRS. HENDRIX: We had an open enrollment in 2002. August 23rd, 2002 we had an open enrollment, so everybody on the roll from that back should be on the roll. The audit should be from September 1 or August 24th forward to the audit. Because the open enrollment meant that everybody that was on the roll was on the roll, right? Okay. So you begin August 24th forward, and you do the audit. All these on the 2002 - MR. TOM NARCOMEY: 80 people. How much money, per caps did they receive illegally? We can get that back. MR. BURGESS: Thomas, of those 80 people approximately, I want to say 40 or 50 just stayed away. They didn't come back. They elected not to come back because, number one, they knew CBC 01-08-11 - January 08, 2011 that their enrollment was not concurrent and they were already with another tribe or stayed with the tribe that they were trying to leave, because they knew that -- okay, the officials were spoiling, so they were spoiled. They were dually enrolled or they didn't want to come over here and had an option to go back to their tribe and stayed there. So we have an issue here, number one, I'm just going to say the alleged violation of civil rights. Number 2, the timing factor that came into this; Number 3, the allegations. I'm using these words because I'm not an attorney, but someone's going to say I say this. So I'm using these words kindly to say the allegations of political retribution. And, too, the issue of the tribe and the constitution, we can't have an open enrollment, period, because we're not taking our constitution -- we can only do it if we change blood quantum. The only factor that we can discuss among ourselves, the CBC, is do we want to take this on a motion and a resolution that she petitions the CBC for enrollment back into the tribe based upon the factors, Number 1, lack of civil rights infringement; 2, that while she's got CBC 01-08-11 - January 08, 2011 documents showing she did receive or was enrolled in '59 because we were KCA then, but 1966 when our constitution was ratified, that she was brought over in 1966 with our constitution, all the enrollees at that time. And so those are the factors we could consider as a CBC, but that would have to be a new motion and a resolution made that would recognize her and her daughter. And it's a case-by-case basis, because not everybody wants to come back to the Comanches. MRS. GALLEGOS: Daughter and son. MR. BURGESS: We've only heard from her daughter, so I don't know that he's disenrolled or not. So, you know, Pratt, you're right, we need to come to a conclusion. You know, I concur with you. This is how I view it and I viewed it from all the beginning, but there are other proponents who supported me or not. Since I don't have a vote, I can't make a motion. You know, they want to restrict, but they can't restrict my thoughts on this whole issue, the way it came up. I would have been with Clyde had I been on this body. But at the same time, we're the majority here, we've got to speak. That's why CBC 01-08-11 - January 08, 2011 I wanted to bring these factors out and discuss more with the CBC. It takes a resolution, not just a motion. It will take a resolution because it becomes a matter of law, the exemption factors that shall fall under. MRS. HENDRIX: Why was the minutes before was a motion? MRS. GALLEGOS: It wasn't a resolution. MRS. HENDRIX: It wasn't a resolution until afterwards, it was a motion, but - MR. WAUQUA: You can use a motion now and make a resolution later. MRS. HENDRIX: And the only ones that were talked about was me and my kids. MR. NARCOMEY: Mr. Chairman, I'd like to make a motion to reinstate Debbie Hendrix and her two children, put them back on the Comanche roll, just them three. MR. BURGESS: Based on? MR. NARCOMEY: Based on all this evidence. MR. BURGESS: We're going to get in a pickle here. MR. NARCOMEY: No one wants to second CBC 01-08-11 - January 08, 2011 my motion? MR. BURGESS: Clyde, the factors that I stated, okay, if that's what you're going to do, that's why I wanted us to discuss this, guys, but you want us to stay out here in front of all of you, and someone's going to go out there and get on the Internet and criticize - MR. WAUAHDOOAH: Clyde, have you finished your motion? MR. TIPPECONNIE: We need the factors cited. MR. BURGESS: Yeah, we need the factors cited. MRS. HENDRIX: How can you not know the factors when we've done this over and over and over. MR. BURGESS: I stated three items. He needs to put it in his motion. MR. WAUAHDOOAH: Mr. Chairman, I was going to ask Mr. Narcomey, is he finished with his motion? MR. NARCOMEY: We need to - MR. WAUAHDOOAH: I believe about a month ago we had a vote similar to this in which two of us voted for Mrs. Hendrix at that time. I CBC 01-08-11 - January 08, 2011 just want to make that known to Pratt in particular. We did have a vote, but it was voted down to reinstate her at that time through a motion. We may try again today based upon a motion from Mr. Narcomey, if there's a motion coming forth. MR. WAUQUA: I think you should give them all back that per cap they didn't get. MR. WAUAHDOOAH: That's up to Mr. Narcomey's motion. You know, I don't want to say this, but if you were to start doing a continuance of an audit, it would open such a can of worms. During the 1770s, the Viceroy wrote -- or the governor of New Mexico Territory wrote to the Viceroy of New Mexico of the Spanish government, he said we're fighting our own people. There's such a mixture of Spanish blood into Comanches. They were almost one-half to three-quarters Spanish blood. They had been adopted into the tribe. So if you really want to go back and look at your audit, you're going to find you're not as Comanche as you think you are. So with that said - MRS. HENDRIX: I've also got a list CBC 01-08-11 - January 08, 2011 of those that are on the Comanche roll that are Mexican and the Bureau has it. MR. WAUQUA: Right here, I'm Mexican, but I'm full-blooded Comanche. MRS. HENDRIX: See. No, but I'm talking about people that you've got running some of your businesses. Oscar didn't make open enrollment. How come he's running our businesses? MRS. GALLEGOS: It just probably wasn't completed during open enrollment. There's some of them that during open enrollment their paperwork wasn't completed, but it was started during open enrollment. MRS. HENDRIX: But as Tippeconnie said in one of the meetings, if it's not completed by the due date, then it's void. And he said that in a meeting. MRS. GALLEGOS: Well, I'm sorry, I don't agree with that. UNIDENTIFIED SPEAKER: How do you know it wasn't complete? MRS. HENDRIX: He said when they voted on it, if it wasn't there to be voted on, then it wasn't, and it wasn't there. UNIDENTIFIED SPEAKER: You know, I CBC 01-08-11 - January 08, 2011 think the committee was trying to help you to get into executive session, but I think you just like to hear yourself talk and go over and over. You're repeating yourself. Why don't you let the committee go into executive session and make a decision? But we know that you're not going to be satisfied until it's in your favor. So you're not -- you don't want anything just, you just want your way, ma'am. UNIDENTIFIED SPEAKER: And be concerned about you and your family and don't start talking about other people, either. MS. MCDANIEL: This affects the whole tribe. MRS. HENDRIX: And if I'm singled out and I didn't do anything and my kids didn't do anything, then it's not - MS. MCDANIEL: Well, you better hope that they don't throw you off the rolls. UNIDENTIFIED SPEAKER: Why are you trying to pull other people down with you? MRS. HENDRIX: Because they have started this in a conspiracy. Okay. If my kids and I didn't make open enrollment or we're not, then when we had open enrollment there was people CBC 01-08-11 - January 08, 2011 that didn't make it. So if you're going to take me off - UNIDENTIFIED SPEAKER: You see? You're doing the same things they did to you. MRS. HENDRIX: Right, to show them that they should have never done it to begin with. MR. BURGESS: Thank you, Debbie. MRS. HENDRIX: He said there was 40 people that didn't come back. MR. BURGESS: Mrs. Hendrix, we are trying to come to a conclusion how we are going to do this without infringing on the constitution. Ladies and gentlemen, that's our big question here. MS. MCDANIEL: The constitution has already been infringed on. MR. BURGESS: To have an open enrollment without a purpose. The purpose is to allow one or two or 10 individuals back. That's not in the constitution. The constitution says that the enrollment is to be open if there's an effect on blood quantum, meaning if we're going to raise the quantum or lower the quantum. You know, there's been some discussions out here before on this quantum issue, and you see how so many people CBC 01-08-11 - January 08, 2011 being enrolled, someone wants to say you're not getting enough per cap every year. Well, per caps are not meant to be just your income. The per cap is a benefit because the people voted it in. But when you keep enrolling 600 people a year, per cap is going to go down. And then when you have more elders every year, we're gaining 10 or 20 elders every year, and that's $1,000 per elder, so that goes up. So all of those in between below the per cap payment, you know, per cap is going to be less. MS. MCDANIEL: The only reason why the per cap is at issue is because we don't have anybody in there making money. MRS. HENDRIX: And, ma'am, let me ask you a question. MR. BURGESS: Mrs. Hendrix, that's enough. So our discussion here is if we make a motion, you know, how it's going to affect everything else and all those other individuals. And we're trying not to be in violation of the constitution, because somebody that doesn't agree with this is going to walk out there and say you violated the constitution. MS. MCDANIEL: You violated it CBC 01-08-11 - January 08, 2011 already. MR. BURGESS: I'm talking here, be quiet. Mr. Narcomey is willing to make a motion, we have to vote it up or down, but we all know that we want to have a meeting. All these factors -- there's more than what Debbie has told you as to what the enrollment office said they had. So we have been advised in the past if we're going to do this, it has to be by the hearing process. Or if we're going to help those 40 people who want to come back on the roll, it has to be specified about those 40 people. And I agree with Debbie. You know, everything before February 2002, that's a done deal. However it happened. From August 2002 forward, that should have been the audit. That should have been the audit. MS. MCDANIEL: The bottom line is she's Comanche. Put her back on the roll. MR. BURGESS: Would you calm down, please, and let us finish when we have other statements or other people want to talk? So we want to have that discussion here, and we're going to vote it in or vote it out right here. And if we don't vote it in, I've CBC 01-08-11 - January 08, 2011 already told Clyde I want to call a special meeting with Mrs. Hendrix, her daughter and her son. We want to review all this again. And call it a special hearing because there are some issues she has, and the BIA has supported her on quite a few of them. MRS. HENDRIX: All of them. MR. BURGESS: But there are issues that Mr. RedElk said things came forward. And we need to know, there's four of us here, at least three of us. MRS. HENDRIX: I made you copies. MR. BURGESS: Yeah, you made us copies. MRS. HENDRIX: He said he never got them. I just showed him. MR. BURGESS: Anyway, we want to discuss this. And I have a heart for her. I understand what's going on. I think it bears further consultation. You're just right here and then 20 of you want to get up and tell us we're doing wrong when we're trying to get all the facts. That's what we want to make a motion on. If we vote it up, fine. If we vote it down, then I want to call for another meeting on this and CBC 01-08-11 - January 08, 2011 bring it all with her and our enrollment director over here and her over here. And then we'll just vote on it and bring it forward. But we can't do something that's going to infringe on the constitution. MS. MCDANIEL: You've already infringed on it. And two wrongs don't make a right. MR. BURGESS: Correct. So Mr. Narcomey had a motion on the floor to move forward on this vote. He has to get a second on it. MR. WAUQUA: I think she's innocent until she's proven guilty. If y'all want to talk about it later, put it back on and it comes up not being that, then take her off. MRS. HENDRIX: And where was the hearing when you took me off? Where was the discussion then? There was no discussion. MR. WAUAHDOOAH: Point of order. MR. BURGESS: I heard you, yeah. MR. WAUAHDOOAH: Point of order. What is the motion on the floor? MR. NARCOMEY: The lawyers are working it out on the resolution to make sure that CBC 01-08-11 - January 08, 2011 we won't get in trouble or whatever. They're making up the correct wording. But my motion I made was to reinstate Debbie Hendrix and her two children. MR. WAUAHDOOAH: Is that legal work contingent to your -- it's going to be part of your motion, the legal wording? MR. NORMAN: What we were asked to work on was a constitutional amendment which would allow her to -- that's just what we were asked to do, and that's what we're doing. It's something different than that? MR. BURGESS: If we don't get a second and a vote here, then we're going back - MR. WAUAHDOOAH: Mr. Narcomey, the motion is, the motion again, third time? MR. NARCOMEY: Rescind the last resolution or just go with the new one? MRS. HENDRIX: Vacate 56-08 and 56 - MR. NARCOMEY: Is that just for you three? MRS. HENDRIX: Yes. Oh, wait, 57-08 and 56-08. MR. BURGESS: And she's referring to -- is it Resolution 99-04, rescinding of - CBC 01-08-11 - January 08, 2011 MR. NARCOMEY: I was going to say, 57-08. MRS. HENDRIX: Yes, and 56-08. MR. BURGESS: Ken? MR. GOODIN: I'm Kenneth Goodin. But anyway, whenever you -- you mentioned that constitution. How can you word it to just apply to her and not all the Comanches? MR. BURGESS: That's the concern. MR. GOODIN: Whatever you do with the constitution, you're talking about the tribe. How can you just do it for her and her two kids? MR. BURGESS: That's our problem. MR. WAUAHDOOAH: Because like the State of Oklahoma constitution with 3,000 amendments. MR. BURGESS: See, her suggestion to Mr. Narcomey's motion to rescind or vacate the prior resolutions to remove her. That's the only sure bet. It doesn't affect anyone else. Yes, Thomas? MR. TOM NARCOMEY: This shows to me for the tribal court. MR. BURGESS: Yes. MR. TOM NARCOMEY: This would settle CBC 01-08-11 - January 08, 2011 this enrollment issue, plus the TA, plus the forensic audit that we need, all the personnel problems in the tribe and the cemetery, you know, our CBC resolution in conflict with the higher authority, the council resolution. That would clear all those matters up if we had a tribal court. I just thought I'd bring that out. If you're talking about amending the enrollment, you might as well do a tribal court, too. MR. BURGESS: In the constitution you're saying, to create a tribal court? MR. TOM NARCOMEY: Yes. That way it would take a load off all - MR. BURGESS: Thank you. MR. TOM NARCOMEY: Hearing board, enrollment hearing board, something. There's no procedures. MR. BURGESS: All right. Thanks, Thomas. MR. NARCOMEY: So go ahead and rescind these two? The two resolutions we're going to vacate is 56-08. The next one is 57-08. MR. BURGESS: Motion made to vacate those two resolutions as noted by Mr. Narcomey. Is there a second? CBC 01-08-11 - January 08, 2011 MR. WAUAHDOOAH: I second that motion. MR. BURGESS: Second made by Mr. Mark Wauahdooah. Call for the question. All those in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, say "nay". All those abstain. MR. HENSON: I abstain. MR. BURGESS: Abstain. MR. KOSECHEQUETAH: Abstain. MR. HENSON: There's a reason for abstaining here. MS. MCDANIEL: We know what it is. MR. HENSON: Then tell me, what is it? You're so smart. You're always asking or talking about something you don't know about. MS. MCDANIEL: You don't care about our people. That's why. MR. HENSON: No, that's a different reason. MS. MCDANIEL: You don't have the balls to make a vote. MR. HENSON: There's a constitution that we're supposed to live by. CBC 01-08-11 - January 08, 2011 MR. BURGESS: Let him speak. MS. MCDANIEL: I can speak, too. Everybody else says when they want to. MRS. HENSON: Why can't we be respectful to each other? MS. MCDANIEL: You don't respect our people. You don't respect the rights - MR. BURGESS: Eleanor, you keep this up, you don't need to stay. MR. WAUAHDOOAH: The vote was what? MR. BURGESS: 4, 0, 3. It passes. MRS. GALLEGOS: It passed? MRS. HENDRIX: All the other resolutions -- were they done by resolution? Hers was done by resolution. MR. NARCOMEY: I don't remember the number. MR. BURGESS: They weren't like this. MR. NARCOMEY: No. MR. WAUAHDOOAH: Do we have new business? MR. BURGESS: Yes, we have one item left. Gentlemen, CBC, before we go into executive, before we take a break here, we have a CBC 01-08-11 - January 08, 2011 contract with the optometrist that we need to sign and approve, Dr. Justin Cochran. He's the optometrist that responded to our request for optometry services. It took a year to get that. And so, gentlemen, his services began on December. We've been doing a search for a whole year to find somebody willing to work with us, and he's coming to us from Anadarko. Highly recommended. He works with quite a few of our Indian families up there, so he's got a good following. So we need to approve this contract and continue with his services. MR. NARCOMEY: I make a motion to approve that. Is it a contract? MR. BURGESS: Yes. MR. NARCOMEY: Yeah, we need him. MR. BURGESS: All right. Motion made by Mr. Narcomey. Thank you, Pratt. MR. TIPPECONNIE: I second it. MR. BURGESS: Second by Mr. Tippeconnie here. All those in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, say "nay". All those abstain, same sign. Approved. CBC 01-08-11 - January 08, 2011 Fellas, would y'all - MS. ATTOCKNIE: Sir? It's been brought to my attention that there was an article in the Comanche -- I mean Cotton County, Walters, whatever it is, newspaper, and it says that Cotton Electric seeks addresses for return capital credit checks, and it has several pages here of names. As you go through it, you will see a lot of names of Comanche tribal members. But more than that, some of these names are tribal members that have passed. So I was wanting to ask that the CBC, through the tribal administrator, at least director, task enrollment with going through this list and if there are any tribal members still living or passed, let their families know that perhaps there's some -- there's another per cap for them. MR. OWENS: Compensation. MR. BURGESS: Is that what that is? MS. ATTOCKNIE: Something that's due to them. MR. HENSON: All co-ops do the same thing. You pay so much and then - MR. ATTOCKNIE: But this is a concerted effort by the tribe to help those CBC 01-08-11 - January 08, 2011 individuals or - MR. TIPPECONNIE: Those families. MR. ATTOCKNIE: Those families. So I'll give it to the tribal administrator. MS. ASENAP: Arlene Asenap, and I would like to publicly thank Clyde Narcomey for helping my niece finally get her tuition paid to Cameron University. It took it Friday. Now she's enrolled in August. It took all this time for her to get her tuition paid. She wasn't allowed to enroll, school starts Monday, and the tribe did not pay her tuition. She had her paperwork in, and it's just a disgrace to the Comanche Nation that they have to wait this long for our students to get their tuition paid. She wasn't allowed to enroll, so when she finally is going to be allowed to enroll this week, she is going to have a lousy schedule and it wasn't her fault. And I can't see why the education department takes so long to pay our kids' tuition. They say they want them to get an education, but it seems like sometimes they put a lot of stumbling blocks in their way. I just want to thank Mr. Narcomey for stepping up and really helping my niece. I know CBC 01-08-11 - January 08, 2011 that there are other students in these situations who don't have families to support them and to help them get through this long, arduous process. MR. NARCOMEY: Thank you very much. MR. BURGESS: Thank you, Mrs. Asenap. Thank you very much. MR. WAUQUA: Debbie's got two kids with having problems with being Comanche with the thing they need to do. Are y'all helping them out, now they can go on further them being Comanche. I appreciate that from the bottom of my heart, y'all. MS. HALL: And that's another thing I'm going to go to executive session is about the education. About my grandson, I'm having a problem. That's why I'm here. MR. BURGESS: We're going to go ahead and go into executive session. I appreciate all the kind words. Thank you very much on behalf of the committee. We do care. (Open session concluded at 12:18 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 January 8, 2011, 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 14th day of February, 2011. 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 10:00 a.m. on January 8, 2011, 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