TRANSCRIPT OF PROCEEDINGS OF THE COMANCHE BUSINESS COMMITTEE MONTHLY MEETING APRIL 3, 2010, 10:43 A.M. COMANCHE NATION COMPLEX LAWTON, OKLAHOMA __________________________________________________ REPORTED BY: KELLY STOABS, CSR DODSON REPORTING & ASSOCIATES 435 NORTH WALKER, SUITE 102 OKLAHOMA CITY, OKLAHOMA 73102 (405) 235-1828 ~ (405) 235-1266 (FAX) dcri@coxinet.net A P P E A R A N C E S COMANCHE NATION BUSINESS COMMITTEE MEMBERS: Michael Burgess, Chairman Richard Henson, Vice-Chairman Robert Tippeconnie, Secretary-Treasurer Lanny Asepermy, Committeeman #2 Darrell Kosechequetah, Committeeman #3 Clyde R. Narcomey, Committeeman #4 LEGAL COUNSEL: William Norman, James Burson Hobbs, Straus, Dean & Walker * * * * * * INDEX OF PROCEEDINGS PAGE Attorneys directed to come with further 6 discussions and negotiations with the U.S. Army at Fort Sill regarding Medicine Bluff. Motion passed to adjourn March 2010 meeting. 7 Meeting called to order at 10:43 a.m. 7 Roll call. 7 Invocation. 8 Motion passed to accept the minutes 17 of February 12, 2010. Motion passed to accept the minutes 17 of March 6, 2010. Motion passed to amend the agenda. 18 Motion passed to remove two-way 20 mirror window at elders center. Motion passed to approve Resolution 22 #26-10/Enrollment List Number 821/Ineligible. Motion passed to approve Resolution 22 #27-10/Enrollment List Number 822/Ineligible. Motion passed to approve Resolution 22 #28-10/Enrollment List Number 823/Eligible. Motion passed to approve Resolution 22 #29-10/Comanche National Indian Veterans Day. Motion passed to table Resolution 23 #30-10/Elderly Center Advisory board. INDEX OF PROCEEDINGS (continued) PAGE Motion passed to approve Resolution 25 #31-10/Family Violence Prevention Program Grant. Motion passed to approve Resolution 75 #32-10/Adopting Revised Election Ordinance of 2010, with recommended changes and striking Section 310 and Section 911 for further review. Motion passed to approve Resolution 82 #33-10/Law Enforcement Application Coordinated Tribal Assistance Grant Program. Motion passed to approve Resolution 82 #34-10/Law Enforcement Mental Health Collaboration Grant with Chief of Police Association. Motion passed to approve Resolution 82 #35-10/Requesting Federal Funding for Adam Walsh Act Implementation. Motion passed to approve Resolution 163 #36-10/Comanche Nation College Charter. Motion passed to approve Resolution 96 #37-10/Grant Application to US Department of Health & Human Services, Administration for Native Americans, Environmental Regulatory Enhancement. Motion passed to approve Resolution 96 #38-10/Grant Application to US Department of Health & Human Services, Administration for Native Americans, Social and Economic Development Strategies. Motion passed to approve Resolution 98 #39-10/Approve 2010 Comanche Nation Transportation Improvement Plan. Motion passed to approve Resolution 103 #40-10/Amend Procurement Policies and Procedures. INDEX OF PROCEEDINGS (continued) PAGE Motion passed to approve Resolution 117 #41-10/Establish Separate Account for P.L. 93-638 Monies. Motion passed to table Resolution 121 #42-10/Establishing Meeting and Stipend Guidelines For Comanche Boards and Committees. Motion passed to approve reappointment 135 of Comanche Nation Gaming Commissioners. Oil well to be built on KCA land in 139 Anadarko. Motion passed to approve Big Bears 144 Lawn Care Contract for Services. Executive session commenced at 2:51 p.m. 181 Reporter's Certificate. 182 Secretary's Certificate. 183 MR. BURGESS: Thank you, folks. We have come out of executive session from our continuance of the March meeting. Our motion here is to inform the attorneys to come with further discussions and negotiations with the U.S. Army here at Fort Sill. And they're in contact with the Department of Justice as well and have made some counteroffers, so we're still offering back and forth settlement agreements to the Medicine Bluff issue. They're going to proceed with some more negotiations. I'm happy to say there's a lot of pressure on the Department of Army and Justice to come to a settlement, so we are looking pretty good. We want to look a little better, that's all. MR. WHITEWOLF: What are you negotiating? MR. BURGESS: Settlement agreements over language and the recognition of the tribe's -- I should say all the tribes that are around this, it will affect everybody, the use of Medicine Bluff, and timing proceeding, we're asking them to acknowledge the law and the attorneys' fees, that they will cover somewhat, but that's negotiating. MR. ASEPERMY: I make a motion that we adjourn the March meeting. MR. NARCOMEY: Second. MR. BURGESS: Motion's been made and seconded. All those in favor signify by saying "aye." (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. (Meeting called to order at 10:43 a.m.) MR. BURGESS: So, ladies and gentlemen, we're going to call the meeting to order. Mr. Secretary/Treasurer, if you will, give us the roll call. MR. TIPPECONNIE: Michael Burgess? MR. BURGESS: Here. MR. TIPPECONNIE: Richard Henson? Robert Tippeconnie? Here. Edmond Mahseet? Lanny Asepermy? MR. ASEPERMY: Here. MR. TIPPECONNIE: Darrell Kosechequetah? MR. KOSECHEQUETAH: Here, MR. TIPPECONNIE: Clyde Narcomey? MR. NARCOMEY: Here. MR. TIPPECONNIE: We have a quorum, Mr. Chairman. MR. BURGESS: Thank you very much. I'd like to call upon our elder here, Mr. Mark Sovo. Would you say a prayer for us, please? MR. SOVO: (Invocation.) MR. ASEPERMY: Mr. Chairman, I'd like to amend the agenda. I would like to add to executive session a briefing from law enforcement on our investigations in executive session. I would like to add to the -- where it says resolutions, as Item Number 18, the gaming commissioners. I would like to add to executive session overtime pay and to executive session Resolution 62-09. MR. BURGESS: You said, back to executive session, you want to -- MR. ASEPERMY: Okay. The regular one, 5, gaming commissioners; 7, law enforcement -- MR. BURGESS: Executive session? MR. ASEPERMY: Yes, executive session. It will be Number 13 would be overtime pay, Number 14 would be Resolution 62-09. So 12 would be law enforcement, 13 would be overtime pay, and 14 would be Resolution 62-09. MR. TIPPECONNIE: Gaming resolution? MR. BURGESS: Gaming commissioners. MR. TIPPECONNIE: Gaming commission? MR. BURGESS: Yeah, gaming commission. MR. ASEPERMY: Gaming commission would be Item 18 on -- MR. TIPPECONNIE: Resolutions? MR. ASEPERMY: Yes. MR. BURGESS: That would come under item Number 4. MR. TIPPECONNIE: I would like to amend the agenda as well. MR. KOSECHEQUETAH: I have an amendment as well. MR. TIPPECONNIE: We just added one, didn't we? 42-10, so add to your resolutions 42-10, and this is federal accounting procedures and expenditures. And then resolution -- MR. BURGESS: I saw that in there. MR. TIPPECONNIE: Yeah, there's two resolutions. Excuse me a minute. This would be Resolution 42 -- let's see, 42-10? I have it. MR. BURGESS: 43-10. MR. TIPPECONNIE: Yeah, 43-10 will be -- excuse me just a minute. MR. BURGESS: And that's it, 42-10? MR. TIPPECONNIE: Yes. MR. BURGESS: Okay. MR. KOSECHEQUETAH: I'd like to add to executive session museum board member discussion. And the reason I felt it appropriate in there is because we'll be reviewing resums. MR. TIPPECONNIE: In executive? MR. KOSECHEQUETAH: Yes. MR. BURGESS: If we can get to all that, folks. MR. NARCOMEY: Mr. Chairman, I need to make an amendment, also. I'd like to move it to the front because it's concerning our elder group at the elders' center. I just found out just yesterday that we have a one-way mirror in that -- in that elders' center. In other words, everybody that's going there, it's just like we're in a zoo. And I don't think that the directors, whoever is down there, should be looking at all the elders out there eating. What are they going to steal? You know, are they going to get a second helping of something or whatever, you know? And it kind of reminds me of this one movie, One Flew Over the Cuckoo's Nest, back in '62, and they had the mentally insane there. They even had a clear Plexiglass that was in there, you know, they could watch them, but they could watch them, also. So what I want to do is instruct the TA to have that glass removed. Not next week, not two months from now, but Monday, as soon as possible. And I hope these committeemen agree with me, because a lot of the -- everybody's down on the elders. I don't know why. I have no idea. But me, for one, I speak up for the elders, because -- not just because I am one, but because if it wasn't for the elders, you know, we wouldn't even be -- none of us would be here. We've got to respect them somehow or another, and that's not showing very good respect like they're in a zoo. So ever what it takes, tell the TA to do it, send whoever's down there, have that thing removed as soon as possible. Today, if possible. But I know it can't be, but Monday for sure. MR. ASEPERMY: We can make that a motion at the start. MR. NARCOMEY: So what does it take, a motion? MR. BURGESS: You're amending the agenda to make a motion. MR. NARCOMEY: I'd like it to be up at the front. MR. BURGESS: We'll add it as Number 1. I read through the resolutions and I'd like to table Number 5 so we can clean the language up and enhance the role of the advisory board. We'll come back next week so we'll have a clear -- the motion's a good one, but we just need to clarify. MR. KOSECHEQUETAH: I agree, I agree. MR. NELSON. Mr. Chairman, I was going through the minutes of March. I believe you guys have resums submitted. MR. BURGESS: Yes, we did. But this resolution calls for delineating the role of the advisory board. But since that time, the brief discussion held, there's more activities that the advisory board can be a part of, so we want to incorporate that language that was brought forward into this resolution that they just wanted to jump start. We've been waiting for it a long time, the elders have. Okay. We do have a big agenda, a large agenda here. And a suggestion was made that we go through these resolutions and group them three or four at a time, and just one motion to accept three or four at a time. I'm talking so you guys can review some of the minutes. Like Mr. Nelson mentioned, there was past minutes there. We didn't get a chance to review all these, but there are fellas who want to -- MR. WHITEWOLF: Mr. Chairman, I'd like to make a comment. Let me prebase it with this little note. I went down to a meeting at the college a couple of meetings ago, and in that meeting they were inviting comments from the elders. And Committeeman Mr. Asepermy was there. He kind of made me proud of the fact or satisfied, maybe, with the fact that he gave some facts about the college. $9,000,000 in the time of seven years, eight months, and he asked them, and to this day don't have the college accredited. And he asked them when. And if I heard right, they were going to apply this past Monday. I mean seven years, eight months, to me, that means that they're not ever going to get accredited. And Lanny caught -- Mr. Asepermy talked about 9 million bucks that we could drop down the dark hole. And now you've got a resolution to approve a Comanche Nation College Charter. I thought they already had a charter. MR. BURGESS: They do have a charter, sir, but this charter is updated. Updating it to meet more specific needs, I guess, or requests that they need to have. The higher learning commission has some concerns about that charter. And that charter includes removing all but one member of the CBC from it so there's no political overtones in the body. MR. WHITEWOLF: Well, you know, I beg to differ with you as far as political goes. But my point is that they -- I read a draft of that resolution and it sounds like you're all giving the college community from the tribe's and it didn't read very good. They were going to assume all the yeses and nos concerning the college. And I know one thing, I don't think they're going to exist past the general council. So, you know, I think they need to wait on that resolution. And I think that resolution needs to be disseminated to the general population. The one I read didn't read good. It was the same charter, if it's the same charter that I read. MR. BURGESS: I don't know which charter you read. MR. WHITEWOLF: It was supposed to have been the one you all were changing to. MR. BURGESS: In the charter that we now have, we switched the CBC to one member, ex-officio, which is the chairman. It also restricts the dissolution of property, that all property would be referred back to the tribe. That's what we were concerned about. There was two major areas that the CBC has to look at, the properties owned by the nation, the school, the buildings, the land. The materials and equipment in there they could dispose of if they need to, should the college be shut down, but the land and the buildings revert back to the tribe. We're trying to protect the tribe's interest in that property. MR. WHITEWOLF: What happened to the property at one time? The tribe and the college go back where? MR. BURGESS: The building and the land revert back to the tribe. Their prior or previous charter had said that they could dispose of it in the manner that they see fit. We were concerned that the tribe bought the land and the building, so we told them that we wanted the charter to reflect that should the college be closed down and for some reason have to shut down operations, they can't take the land or the building and give it to a different entity. It's in the name of the tribe. So we had to clarify -- we had to clear that up for them, too. So that's why this charter is necessary. Currently, it says they can dispose of it any other way they want to. We said, no, the land and the building revert back to tribal ownership. You can't dispose of that. You can take the materials, office furniture, equipment, auction it off, whatever you need to do, but the building and the land was the question. So that's why this charter has to be approved. MR. WHITEWOLF: That's not the one I read, so -- MR. BURGESS: Okay. It's been going back and forth with us for a while. We've got that language now where it protects the tribe's interest on the property. MR. WHITEWOLF: I would like to look at that charter. I mean, we would like to look at the one you're going to -- y'all are talking about. MR. ASEPERMY: I'll give him a copy. MR. BURGESS: Gentlemen, are you reviewing the minutes? MR. ASEPERMY: Roderick, six-page charter. Just ignore my notes. I have some chicken scratch on there that I don't agree with some of it. MR. BURGESS: Gentlemen, any corrections, marks, or additions to the minutes? Motion to accept the minutes of the last meeting? MR. ASEPERMY: I make a motion to accept them. We need to accept the February minutes. MR. BURGESS: Let me clear that up. Those of you who make the motion to accept the minutes of February 12th, 2010, that's our February meeting, and then we'll have a motion to accept the March. MR. ASEPERMY: I make a motion on the February 12th minutes, to accept them. MR. BURGESS: Motion's been made by Mr. Asepermy. MR. NARCOMEY: Yes. MR. BURGESS: Was that you, Clyde? You second? MR. NARCOMEY: Yes, sir. MR. BURGESS: Clyde seconded them. All those in favor signify by saying "aye." (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. Now March, March minutes, March 6th. Motion to accept those? MR. KOSECHEQUETAH: Motion. MR. BURGESS: Motion by Darrell. Second? MR. ASEPERMY: Second. MR. BURGESS: Seconded by Lanny. All those in favor signify by saying "aye." (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. We have a motion on the floor to amend the agenda, several items. So motion to amend the agenda by Mr. Asepermy for the items that were brought in by Mr. Tippeconnie, Mr. Kosechequetah, Mr. Narcomey, and myself. My amendment is just to table Resolution Number 5 for further clarification of the words. So a second to amend the agenda, please? MR. KOSECHEQUETAH: Second. MR. BURGESS: Darrell has seconded. So, Mr. Secretary, you have all those additions? MR. TIPPECONNIE: Yes, I have those down. MR. BURGESS: All those in favor to amend the agenda, please say "aye." (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. The ayes have it. Now, ladies and gentlemen, we have three resolutions before us. MR. ASEPERMY: Should we do the motion on the elders center? MR. BURGESS: The first item will be Resolutions 26-10 down, those will be numbered Number 2. Item Number 1 will be motion to remove a two-way mirror window at the elders center, and that motion is being made by Mr. Narcomey. MR. ASEPERMY: I'll second that. MR. BURGESS: Second has been made. MR. ASEPERMY: And I want to add to -- do you want to add to that that it be done on -- we direct the tribal administrator to remove that mirror on Monday? MR. NARCOMEY: Monday. MR. BURGESS: Or as soon as possible. MR. NELSON: It was going to get done last week, but we have an elder who is our maintenance man. MR. NARCOMEY: I didn't realize that thing was there until yesterday. Someone said it's been there for several years. MR. BURGESS: Motion's been made and a second by Mr. Asepermy to remove the window as soon as possible, to be moved Monday. All those in favor signify by saying "aye." (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. Motion passes. Okay. Item Numbers 2, 3, 4 are enrollment lists. Resolution 26-10 is ineligibles; Resolution 27-10 is a list of ineligibles; Resolution 28-10 is a list of those eligible. MR. ASEPERMY: Can I make a motion? MR. BURGESS: What I'd like to have is a motion to approve all three at one time. MR. ASEPERMY: Mr. Chairman, I make a motion that we approve Resolution 26-10, which denies enrollment to four applicants because they possess less than one-eighth degree of blood; 27-10, which denies enrollment to two members who are over the age of 19 and enrolled with another tribe; and Resolution 28-10, which approves enrollment of 31 new members. MR. BURGESS: Okay. Motion's been made. Second? MR. KOSECHEQUETAH: Second passing the three resolutions. MR. BURGESS: Okay, second on that. So we'll call for a vote here. All those in favor signify by saying "aye." (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. MR. ASEPERMY: And here's your new number. MR. BURGESS: Okay. Currently, with these 31 new additions, we have 14,753 members. That affects a lot of things. We have several resolutions here. One is a Resolution 29-10, which is declaring Comanche National Indian Veterans Day to be held the Sunday of our Comanche Nation Homecoming in Walters, Oklahoma. And I'll just read the whereas. It states: "It is desired by all people of the Comanche Nation that all Comanche Warriors/Veterans that have never been defeated in a battle be recognized this day and for all people to witness that as long as the sun rises, the grass turns green, and water flows across the land, the Comanche Warriors, Lords of the Plains, be honored with the third Sunday of July beginning in the year of our Lord, July 18, 2010, as a national holiday known as 'Comanche National Veterans Day'." This was drafted and submitted to us by our homecoming committee. They brought it in the other day, and we feel it is a very noteworthy thing, and we'll continue with it. We'll have a proclamation made for that Sunday at the dance. MR. NARCOMEY: I make a motion to approve, Mr. Chairman. MR. BURGESS: Mr. Narcomey's made a motion to approve. Second? MR. ASEPERMY: Second. MR. BURGESS: Mr. Asepermy has seconded. All those in favor signify by saying "aye." (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. The ayes have it. Motion to table Resolution Number 5 to bring it back forward with clear language. I move. Second? MR. KOSECHEQUETAH: Second. MR. BURGESS: Second by Darrell Kosechequetah. All those in favor signify by saying "aye." (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. Item Number 6 is a resolution to approve a grant for Family Violence Prevention. It's rather lengthy, but it says Comanche Nation will use the funds for not less than what it's supposed to be done for, 70 percent of the money for shelters. It has several things that you have to say in here for the grant, and that there are no income eligibility guidelines to the Family Violence Prevention programs and its services. And we will comply with all recordkeeping under 45 CFR, parts 74 and 92. This is a grant being written by our director, Ms. Betty Simmons. Thank you very much. This young lady has really gone forward and really done a great job for our program, ladies and gentlemen. She needs to be commended as much as y'all can. I know a lot of people use services over there, our people and others. So with that, I'll entertain a motion approve Resolution 31-10 for Family Violence Prevention Program. MR. ASEPERMY: I'll make that motion. MR. BURGESS: Motion's been made by Mr. Asepermy. I'll second that. All those in favor signify by saying "aye." (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. MR. NARCOMEY: What's the amount of draft or grant we're applying for? MR. BURGESS: Ms. Betty, what is the total funding? MS. SIMMONS: Sir, part of that funding is based on the number of enrolled tribal members. The last fiscal year they gave us 93,000. So I don't think that will go down, but I won't know until after the grant has been given to us. The last three or four years it has been in the 90,000s. MR. BURGESS: So it's kind of discretionary based on tribal population? MS. SIMMONS: Yes, sir. MR. BURGESS: Is that the tribal or is that in our service area? MS. SIMMONS: That's for the tribe. MR. ASEPERMY: Don't you have another one out, too? MS. SIMMONS: Yes, sir, I have several out. This is one that we've had since the 1980s. It's a basic grant from Administration of Children and Family Services. MR. BURGESS: So this is a renewal? MS. SIMMONS: Yes, sir. We renew every year. MR. ASEPERMY: Can I update everybody on the grant, if you don't mind, just very briefly? MR. BURGESS: Are you going to go ahead and second it? MR. ASEPERMY: Yeah. We have seven notices of funding available grants with grant writers assigned. We have five grants that have been submitted. We have two grants that have been awarded in the amount of $238,000. And Betty, your other one, or one of the other ones that you submitted or that you're the grant writer for is for $229,000. That's the Senior Volunteer Program Project, if I'm not mistaken. MS. SIMMONS: Yes, sir. That's the one I'm talking to Ms. Phyllis on. We're trying to get that one together. MR. ASEPERMY: So that's where we stand on the grants: Seven pending with grant writers assigned, five submitted, two approved. MR. BURGESS: We're getting closer to our goal, ladies and gentlemen, of matching our -- we have 638 funds that amount to about $10 million, and we want to double that with other funding from other agencies so we can be looking at approximately $20 million in federal grants per annum, per year. MR. ASEPERMY: Actually, Mike, as far as the federal monies, let my give you an exact figure. It's more than 10 million, I assure you. 13 million plus on federal. MR. BURGESS: A lot of these grants are -- more of them are new to us as opposed -- we didn't have them last year or the year before. So the base funding of the BIA 638 programs is roughly 10 million. MR. ASEPERMY: This is what we received, actually, in 2009, was 10 million. MR. BURGESS: Of that 13 million, 8 million is our general 638 BIA program funds. Coming to Item Number 7. Gentlemen, have y'all reviewed these election ordinances, revised? MR. ASEPERMY: Yes, I have. And I -- for the most part, it's pretty sound. MR. BIGBEE: Excuse me, Mike. Was there a vote on the grant? MR. BURGESS: Yes, there was. MR. ASEPERMY: I have a question on Page 4 at the top. Where it says A, Page 4, it says that records relating to the election board compensation and expenditures shall be retained for a minimum of three years or the period required by the nation's record retention policy. Willie, what is our policy as far as record retention? MR. NELSON: Five years, I believe. MR. BURGESS: Yeah, make that correction. MR. ASEPERMY: It doesn't need to be corrected, I just needed to know that they will be retained for five years in accordance with our -- the other question I have is on the same page, Section 3-C. We have six polling sites, Anadarko, Apache, Cache, Lawton, Oklahoma City, and Walters. Do we really need a polling site in Anadarko and Oklahoma City because of the low voter turn out? That's just a question. Do we want to continue like we are, or do we want to eliminate those? Combine Anadarko and Apache maybe, or do we keep it at six? MR. WHITEWOLF: I think Oklahoma City, how many voting sites up there, six or seven? MR. ASEPERMY: Gwen -- did I see Gwen Kerchee here? Do you remember? I don't remember. Do you recall about what we've been averaging as far as voting in Oklahoma City goes? Have low turn out. MS. KERCHEE: I would say the average would be about 25. MR. ASEPERMY: 25 versus 200 plus, 300 plus in Apache, Cache, Walters, Anadarko? Do you recall that? MR. BURGESS: To my knowledge, they average 50 or something. MS. KERCHEE: Some of the elections, they average like five, like on the Chairman. MR. ASEPERMY: That's just a question I have for y'all. Do you want to keep the same precincts, Mike? MR. BURGESS: Willie, do you have a statement? MR. NELSON: Yes. There's a lot of Comanches that live, be it, Red Rock, El Reno, Tahlequah. They at least want to get to a half- way point to vote. I lived up there in Perkins for about 15 years, and I always made it to Oklahoma City. Now, Mike, we've got us a new Oklahoma City outreach that's so much easier to get to. I was hoping that that would change the actual numbers. Getting off I-240 right to where our new outreach center will be would be beneficial. MR. NARCOMEY: It might be illegal. MR. ASEPERMY: Keep it. MR. BURGESS: Is it in the constitution? UNIDENTIFIED SPEAKER: Would it better be settled by absentee ballot? MR. ASEPERMY: We talked about absentee, going all the way with that, and no action was ever taken on it. MR. BURGESS: There was some discussion about the election board that Lanny's talking about. Some tribes have gone nothing but absentee balloting in the interest of time and savings, I guess. We also have above this Item (d) highlighted, gentlemen. We need to look at that. On the same page, Page 4, Item (d) from the top. I think that's a discussion -- it says, "Ballots cast for any election shall be retained for a period of three years" -- this is the highlighted area -- "or 90 calendar days after the certification of said election, after which time the ballots shall be shredded." MR. BURSON: You need to decide whether three years or 90 days is the appropriate time to retain ballots. MR. ASEPERMY: Three years. MR. BURGESS: I would think three years, because it's in compliance with up above. The ballots don't have to be retained, because we vote every year, Mr. Nelson, so they could be excluded from the retention policy, because that builds up. They keep those ballots and it takes up space. At one time we probably had five years of ballots back here, didn't we, Mr. Griffin, Chief? MR. ASEPERMY: Well, as far as that goes, the elections are certified way before 90 days. MR. BURSON: Your elections get certified within days of the ending of the ballots. Most jurisdictions do not keep their ballots for that long. It's completely up to you. It does cause somewhat of a storage problem. MR. BURGESS: I think we have that covered now with a new storage facility, better. We can do three years. We have the space for it now with that new storage room. MR. ASEPERMY: And I also have a question on Page 6. MR. BURGESS: Is it a highlighted area? MR. ASEPERMY: No. Term staggering, that's it. MR. BURGESS: Jim, is that something they wanted us to be aware of? They've made recommendations. Term staggering is highlighted. MR. BURSON: That was highlighted somewhat for your benefit, because there was some question that was raised prior to the submittal of this ordinance about the term staggering, so it was highlighted for your benefit. MR. BURGESS: Okay. And these are the recommendations? The strike out are the ones that are -- MR. BURSON: Yes, it came to you originally about six weeks ago one way, and then the strike-out version right here shows after the election board considered again the recommendation, and their recommendation is the way it's presented to you now. MR. BURGESS: Okay. So do you understand that? MR. ASEPERMY: Yeah. MR. BURGESS: All the strike throughs will not be part of the ordinance. MR. TIPPECONNIE: And will it be staggered? MR. BURGESS: Yeah. MR. ASEPERMY: So does that mean that at tribal council this year that nominations will be taken for the Cache, Lawton, and Walters precincts? MR. BURGESS: Yes. MR. ASEPERMY: And they will serve a three-year term after this election, and then next year the Anadarko, Apache election board members will be elected again? So that means that they will have served for four-and-a-half years; and then in 2012, the Anadarko and Oklahoma City precincts, so those people will have served five- and-a-half years. But we are on a schedule to stagger these where every election board member will serve three-year terms starting in 2010, because we didn't do it before. MR. BURGESS: Right. MR. ASEPERMY: And another major change on this election board ordinance is we will cut our election board members to one per precinct plus one at large. So we'd have seven members on the election board instead of 12, so that's five less. But there will be also an alternate, as I read it, for each precinct. In the event that the election board member has to withdraw from that precinct because maybe a relative is running, or maybe because of illness, the alternate would fill in for them. And just for your information, on the compensation, they do receive $500 for the primary election; they receive $500 for the runoff election; they receive $250 per monthly meeting, regardless of how many they have; they receive $400 for tribal council or special council such as recalls or anything. That is their compensation. And it's about 70 percent less than what they were receiving. MR. BURGESS: In their budget that they have, they were following the advice to always have a budget for no less than two other meetings. So their budget reflects the possibility of three meetings a year. So if y'all remember the year we got caught up with three meetings, the costs for election board ran over. So now in their budget -- just because they have that number doesn't mean they spend it all. It means they have to allocate for a minimum of three meetings a year in case we have a runoff or recall meeting again. Because now it's in their budget that they have the money to do these, and we don't have to dip into other funds to pay for these special meetings to go on. MR. WHITEWOLF: Why can't we keep the number of members, and instead of 500, 250 for each one, and 400, 200. That minimal of numbers, that's pretty small. It doesn't allow any emergencies. MR. BURGESS: What we ran into in the past is some of the members who were ill and/or stepped off, and this past group we lost quite a few people off there, and those backup members moved up forward. The alternates came in and have been on there for two or three years, but they started as alternates. Trying to keep costs down, this is their recommendations to us, and they've been the board for three years now. MR. WHITEWOLF: Well, it wouldn't be anymore cost, I'm just saying instead of 500, maybe 250. MR. BURGESS: Well, I remember, Roderick, and you remember the meetings that went on. I mean, the election night went from -- they get here at 6:00 a.m. and they're here until midnight. Sometimes they were here till 4:00 or 5:00 a.m. And when you break that down at 500 bucks, you're getting $2 or $3 an hour. A lot of work. MR. WHITEWOLF: I'm saying break it down to 2.50 an hour instead of $500 an hour. When you start cutting these people down, you don't allow for any contingencies. MR. BURGESS: The budget allows for those contingencies. It's planned in there for those other meetings. That's the contingency that hurt us. MR. WHITEWOLF: Whatever. MR. ASEPERMY: Does the CBC have a problem on Page 6 with Section 202, the composition of the election board? This is their recommendation and I confer with it. Section 204, the term staggering, this is something we should have done a long time ago. I confer with it. You go to Page 10, there is one question on Section 215 (d) where the election board provides public notice of the agenda of any meeting at least one day prior. I would recommend that you give five days' notice in case anyone -- they are open meetings. You know, five-day notice instead of one. MR. BURGESS: Okay. That's the recommendation. Come back to Number 7, Page 7. MR. ASEPERMY: Page 7? I don't have anything on 7. MR. BURGESS: The highlighted area on the bottom. MR. ASEPERMY: Oh, okay. MR. BURGESS: This is Section 207 on Page 7. It says: "Qualifications." Below all this, "A candidate for the election board." Move down to Item Number (g). "A candidate for the election board shall not be an employee of the nation's government, college, agencies, commissions or enterprises; and not be a candidate for any other office." I agree with that. And then back to -- were you at Page 15? MR. ASEPERMY: Page 10, on the notice. Instead of giving them a one-day notice for the meetings, give them a five-day notice. That's on Section 215, Subparagraph (d); and it's highlighted one-day notice in advance for posting the date, time, and place of each meting. I recommend that we change that to a five-day notice. MR. BURGESS: Is there any concern on that, Jim? No? Okay. MR. ASEPERMY: Do y'all agree, Robert, Darrell? MR. BURSON: Now, the practical consideration there is they have to meet and certify elections very quickly after an election; or when there's a challenge, they have to meet very quickly in order to keep the election process moving. So a practical consideration is you would throw some of your election dates off. MR. ASEPERMY: I see what you're saying. What about keeping it at one day, but for regular-scheduled monthly meetings -- I don't want to complicate this. I see what your point is. MR. BURSON: For instance, if there is a protest after an election, those are required by your ordinance and other parts to happen within a very short period of time. MR. ASEPERMY: So maybe we should keep it at one day. MR. KOSECHEQUETAH: That makes sense that that's the reason they put it at one day. MR. BURGESS: Put it at one day, but can we say at the bottom of that, regular meetings -- regular -- not those kind, but the regular- scheduled meetings will have a five-day notice at the bottom? MR. ASEPERMY: Regular-scheduled monthly meeting, five-day notice. MR. BURGESS: At the bottom of that. MR. TIPPECONNIE: The way this is written in (d), it says, "any meeting". So you'll have to change "any meeting". MR. ASEPERMY: Any meeting other than regular-scheduled monthly meetings be given a five-day notice. Is that good? MR. BURSON: We can amend it to read that way, yes. MR. ASEPERMY: Okay. I do have one other question, here, I think, on Page 11, Section 218, compensation. It says, "An election board member or alternate shall be compensated for the performance of his or her duties as such in accordance with the budget approved by the tribal council." I think it should be by. And we did set their compensation by resolution. Remember? Approved by resolution of the Comanche Business Committee. I don't know if you agree with that or not. That's how we've done it. Scratch approve, scratch by tribal council. Approve by resolution -- by CBC-approved resolution. MR. NELSON: Excuse me, Mr. Asepermy. It's just saying duties as such as in accordance with the budget. It's not talking about the individual compensation. It's just talking about the budget that the supreme governing body votes on. MR. ASEPERMY: That's what I'm talking about. MR. KOSECHEQUETAH: We set the budget before when we do the budget hearings. MR. ASEPERMY: It says, "An election board member or alternate shall be compensated for their performance." I guess it's a matter of interpretation. I interpret it saying what we will pay each member of the election board, and we agreed to that by resolution. What each individual would get for specific duties such as primary, run off, monthly meetings, special general council, etc., etc. MR. NELSON: I believe it needs to be two sentences there, one for the compensation and one for what the Comanche citizens vote on. MR. KOSECHEQUETAH: Because, really, we set the compensation in the budget that is approved. MR. BURGESS: Let me read this language. MR. TIPPECONNIE: The whole budget is approved. MR. KOSECHEQUETAH: What I'm saying is in that budget, it shows the compensation. MR. BURGESS: I have a suggestion here. Let me read this. "An election board member or alternate shall be compensated for the performance of his or her duties as such in accordance with the budget approved by tribal council and CBC has presented to council." So we have the working budget, tribal council approves the overall budget. And we've sat with them on the working budget, so together we're making a budget for them. At their recommendations, too. Remember, now. This whole item is recommended by them and there's -- while there are seven members who are voting members, with one at large of the six districts, there's also alternate members who come to the meetings. And when the regular member is not there, the alternate member steps in and represents the district. So we still have those 14 people on the body. MR. ASEPERMY: And they are paid half. MR. BURGESS: Yeah, they're only paid half, unless they're a full member. So we try to keep costs down. So is that language fair, Jim? MR. NORMAN: We probably need to wordsmith that a little bit. MR. TIPPECONNIE: I think we do. Because, again, the tribal council will approve the overall budget, and then there's detail in the budget. MR. BURGESS: Yeah, we work the details with them. MR. TIPPECONNIE: We work the details out under the budget with the TA and all of us. MR. BURGESS: -- to have an idea. Because he's been working with them on this all the way. MR. TIPPECONNIE: Yeah, Jim has. MR. BURGESS: Check the other highlighted areas, fellas. MR. ASEPERMY: Page 14, 301 (a). MR. BURGESS: 301 (a), fellas. Where it says, "The election board shall cause to be published in the nation's newspaper and Website an official notice of general primary election, and post the same at various polling places, if appropriate, and any other location within 30 to 60 days before general primary election." That follows the constitution, 60 days. MR. ASEPERMY: Either we're going to say post it within 30 or within 60 days. MR. BURGESS: They have in their language elsewhere that it's a 60-day notice to complete the election. So 60 days is -- I'll try to find that about the elections. Let's keep it at 60. MR. TIPPECONNIE: Yeah. MR. ASEPERMY: Within -- I guess what the chairman just told me, and I'm assuming the CBC, on that particular thing, if appropriate, and any other location within 60 calendar days? MR. BURGESS: 60, yeah. MR. ASEPERMY: Oh, calendar days. MR. BURGESS: Yes, that's what this constitution says. "No election shall be held later than 60 days after the annual meeting." We have to have our elections completed within 60 days. MR. BURSON: This is just a provision to provide advanced notice to the public of the advance of an election of the general primary election. MR. TIPPECONNIE: Advanced notice. MR. BURGESS: That's what they're referring to? MR. BURSON: It's within your discretion to either require it, in this instance, either 30 or 60 days ahead of the election. MR. TIPPECONNIE: 60 days is probably smart. MR. BURGESS: 60 days would be the best? Within 60 days? MR. TIPPECONNIE: It has to make a big circulation, you know, around the country. MR. ASEPERMY: So are we all in consensus, 60 days? Darrell, are we good to go? MR. BURGESS: It will match the constitution. MR. BURSON: Actually, I think what's recommended to you here, the way it's drafted here is within 30 to 60 days. It gives a window. What they were considering was either/or, 30 or 60 days, for your choice. And they met about two weeks ago and thought it would be better to allow this window of 30 to 60 days, and that's what their recommendation is. It's my fault not removing that highlighting for decision point. Now, you can either -- since you're on the topic, you can either select a hard and fast 60 days, or provide them a window of 30 to 60 days as they have proposed. MR. TIPPECONNIE: Well, since it's a notice, you know, it's a notice to all prospective voters, it seems like 60 is not a hard, you know, tough one. Because it's not -- it's no more than just saying we're going to have these elections. MR. BURSON: Okay. Well, with that clarification, I'll change it to 60 days. MR. BURGESS: Okay. MR. ASEPERMY: Okay. Before we get to the next highlighted area on Page 17, Section 310, candidate reporting requirement is a new section. This says that a candidate must submit to the election board, on or before the 10th day of the month, a form provided -- I guess saying that they received any contributions for their campaign. I think we should strike the whole section, is my opinion. MR. BURGESS: Are they referring to their candidates or to us? MR. ASEPERMY: Any candidate that runs. If you ran for office and I give you a contribution of $250 to help you with your campaign, you have to report it. MR. BURGESS: Is this what they're referring to, the CBC or the election board? MR. BURSON: Candidate is a defined term at the beginning of the ordinance, and it refers to CBC. MR. NELSON: There's language here that's saying they can publish it. MR. ASEPERMY: Yeah. I mean, we've never done it before, and I don't think any of us -- I guess it's like the congress and the senate and the president run for office. If they receive contributions for their campaign, they have to report it. And they're saying the same here. MR. TIPPECONNIE: It's a national election kind of process. It's what they do nationally. We don't have to do it. MR. BURSON: This would be your law, your choice whether you impose that upon you and future candidates or not. MR. ASEPERMY: I don't think we need it. MR. NELSON: Really, the way it reads, if Buck's Pawn Shop was to help you out on a campaign, it's got to be posted out there. Is that how it says? MR. BURGESS: Yes. You have to file it. I don't know if it's published. MR. TIPPECONNIE: Well, it says on our Website and our newspaper. MR. BURSON: The Section 310 (b) says any contributions over 250 may be published. Failure to timely file -- MR. NARCOMEY: Has anything like that been reported before? MR. BURGESS: Hang on, we have a couple of questions here. MR. SOVO: Is some of these suggestions that they're making, is that beginning to change our original constitution of the tribe and what the candidates for that are required to do? MR. BURSON: No, there's nothing in here that offends your constitutional provisions. There are some -- MR. ASEPERMY: This particular section has absolutely nothing to do with the constitution and the election process. This was added -- that's why I'm questioning it. Do we need this section? MR. SOVO: That's why I'm questioning. Because your constitution says anyone in the tribe can run, but it doesn't say they have to report all this stuff, it just says they can run. And that's the way that it's been for years, many, many, years. Now, you're restricting them as to what they can do when they run. MR. KOSECHEQUETAH: It's also saying they have to report it every month. MR. ASEPERMY: Well, what we have to do -- or what has to be done if they run. MR. KOSECHEQUETAH: If they don't report it, they can remove you. MR. ASEPERMY: Yeah, if you don't report a contribution of $250 or more, then you can be removed from the election process. MR. SOVO: I think this needs to come before the tribal council, my personal feeling is, because it is changing our -- MR. ASEPERMY: I think Oscar has a question. MR. BURGESS: There was another -- Oscar? MR. CODOPONY: This is the first I've heard of this, but to me it makes sense. Because from the gaming commission's perspective, if we had a machine vendor come in and bankroll a candidate, and then that candidate turned around and pushed their services, that's a conflict of responsibility, a conflict of interest right there. MR. WHITEWOLF: It's called a crime. MR. CODOPONY: So if you have an open record that you know who is making these contributions, and the membership of the tribe has the ability to look at that, they can see those conflicts right off the bat. And from what I'm hearing you say, anything less than 250 is not reportable. And so again, what I think this is speaking to, at least in my opinion from what I heard you read, is just to prevent those large infusions of cash that could possibly put a candidate and some not quite so seemingly relationship over the top in the budget. MR. ASEPERMY: Basically what it says is: "Any contribution of $250 or more may be published on the nation's Website and nation's newspaper. Failure to timely file the required certification to the election board may, upon the majority vote of the election board, result in the removal from the election process." In other words, if someone gave a candidate $250 or more, they're going to have to report it to the election board, and it may be published on the Website or the nation newspaper. That's what it says. And that's a good point, what you just brought up. Somebody may get a candidate -- you know, what he says makes sense more than do we need this. Well, after that explanation -- MR. TIPPECONNIE: Well, I think. MR. SOVO: Mr. Chairman, don't get me wrong. I'm sure, you know, this is what many of our members would want, is, you know, to see that and to make sure that that's not going on. It's just, you know, my question is that should this be something that we bring to them to make sure that they want to approve it like that? I mean, as their right, rather? In other words, I'm just questioning -- well, like I say, the constitutionality and the question that would go to the membership as to how your candidacy is done. I'd like to see it, fine, you know, but I'm just asking is it something that they need to look at. MR. BURGESS: Actually, the constitution doesn't address it at all. We have three items, and it's not so -- it's not non-constitutional. And the constitution gives to the CBC the right to create the ordinances and promulgate the laws guiding the tribe. This is an ordinance, a law, that affects elections. Now, this is in our responsibility. But I agree with you that people want to have a discussion on that. We do need to move forward. So we can strike the whole area and come back and sit with the election board, have a working session, have an open session so the community can give their input. And that's what I'd prefer, so everybody has an idea why this is in there. It goes into an ordinance, but it won't go into the constitution. But then it educates all our people as to what ordinances really can do and how they can help the people. I have no problem with it. I didn't get that many donations at 250 or more. MR. WHITEWOLF: But why okay any of it? Why 250? Why not $1? MR. BURGESS: Well, right now I'd prefer we just strike this, because this ordinance has a lot of provisions that are going to set us up in the future on this election, the election board members, and that's the important part. This can be struck because it's something that now some of you have an opinion. Let's take this back to the working body. Let's have a session and discuss it with our working body, the election board. MR. KOSECHEQUETAH: If it was left in, it would need more clarity brought to it because contributions, are you talking monetary or are you talking food? I can get a car, or is it a dollar amount, or is it -- how is it substantiated, how is it quantified, donated time? MR. BURGESS: I have to commend the election board. They've got an idea, they've done a good job, they've been working with some -- a weaker ordinance from years past that we're trying to refine this, and it's a good idea and it doesn't harm anybody. It helps the Comanches. So right now we need to get this election of the election board done. We need to have that in place for this upcoming election. How the terms are staggered, the current ordinance doesn't have that, so that's the priority as opposed to this. I'd prefer we just strike this from the language and establish a working session with the board to discuss this and have it open to our members. Yes, Jim? MR. BURSON: Is there a consensus here to go ahead and strike 310 for now? MR. TIPPECONNIE: Strike (b). MR. BURGESS: On Page 17, Section 310, Candidate Recording Requirements. We want to have a working session and open it to our community where the people further understand it and the question is it constitutional or not can be answered. MR. ASEPERMY: I think the next one, Mike, is on Page 20. MR. BURGESS: Section 407, Election Board Duties After Closing of the Polls. 407 (b): "The election board members shall remove the ballots from the electronic voting machines and lock them in the transfer case or other designated container, and shall then transport the box containing the voter ballots to the Comanche Nation Complex. This box shall be opened only in the event a request for manual recount is required by law or has been approved in accordance with this ordinance." That's what it says. Is that understood, guys? They have that automatic recount is Section 408 right below. They have a highlighted area. There is less than five total votes -- excuse me. Let me read it for y'all. "Automatic Recount: The election board is authorized to open the transfer case on election night during the counting and tabulations of ballots and recount the ballots on a pre-assigned voting device," the machine, "in public view and in the presence of a representative of the Comanche Nation Law Enforcement, in the following circumstances: (1) There is less than five total votes between a winning and losing candidate; or, (2) A voting device has malfunctioned in such a way that the integrity of its vote count is jeopardized." What that means is it's an automatic recount if it's five votes or less. That way you get around this idea that less than one or two votes made it. They'll do it automatically. They'll verify that the numbers are correct and that someone won by six votes. So you don't question that, they do it automatically. And the other side of it is, if a machine breaks down, they will go into an automatic recount with another machine or hand count to verify that those ballots are counted correctly. This hadn't been in the previous ordinance. These were the ideas that were brought forward and how to clear that up. The election board has gone to a lot of workshops to get these kind of answers for us; what if, and/or situations. Fellas, CBC? MR. ASEPERMY: It looks good to me, although I think five votes. Think we should make it 10 or something like that, or keep it at five? MR. NARCOMEY: I think it should be more than five. MR. ASEPERMY: Ten. MR. NARCOMEY: At least 10, at least double it. MR. ASEPERMY: What do you think? MR. BURGESS: In discussions with them, some precincts said when there's more than 2 percent difference, they do a recount. Sometimes 2 percent can be 200 votes. But at the same time, our counting of ballots might have averaged 3600 twice in the last two chairmanship elections, and each of those were decided by 200 votes or more. So if you look at that, five is a number for us that is probably less than 1/10th of 1 percent to kick off this automatic recount. And when they do these recounts, it's not the same group doing them. They change teams, so that's not a bad -- if you want to do 10 or 20. MR. ASEPERMY: Do you think we should keep it at five, 10, 20? MR. BURGESS: I like five, but you don't want to make it so large that the percentage -- 20 could be a 20 percent difference, and that could be a big percentage. MR. ASEPERMY: I would like to see at least 10. MR. TOM NARCOMEY: I'm not sure if this ain't part of that, but councilmen, when you do a council resolution, the election board should keep a record of that. Just like you said, if a machine breaks down, that lady's machine breaks down again, we don't have a record of the people who voted for the resolutions. So that should be in the resolution somewhere. I mean, in the -- MR. BURGESS: In this ordinance? MR. TOM NARCOMEY: Shouldn't it? That should be another duty of the election board, to keep a record of the people, number of people who voted for or against a resolution council. MR. BURGESS: That comes under secretary/treasurer. She would be here, but I think last time you had two. Was there two of you? There's one or two of them always working on the council meeting. So there is a backup plus there's a recording, we have a recording going on. MR. TOM NARCOMEY: We didn't have neither backup last time, a couple of years ago, on a resolution. We couldn't get an official resolution on the cemetery. MR. BURGESS: Oh, okay. MR. TIPPECONNIE: We lost the quorum. MR. ASEPERMY: It's not a great change, but, Clyde, Darrell, I think it should be 10. MR. BURGESS: Jim. MR. BURSON: It doesn't matter, it's your choice. It's open. MR. BURGESS: Ten? MR. TIPPECONNIE: Well, in this case, this can be prompted by an individual as well, is it? MR. BURGESS: No, this is automatic. MR. TIPPECONNIE: I know this is automatic, but it can also be prompted by an individual. So there's two cases where you can have a recount. MR. BURSON: There's an automatic provision. This is the automatic provision. If the vote's however close, five, 10, whatever you guys decide, there will be an automatic recount that night right there, in order for -- to confirm whether the difference is however many votes. MR. ASEPERMY: Well, if you stick to 10 and the guy loses by six votes, or seven or eight or nine or 10 votes, then he has to pay $1000 to get a recount? MR. BURSON: Right. MR. BURGESS: Yes. MR. ASEPERMY: I say make it 10. It's only five. Make it automatic 10. Clyde, is that too low? MR. NARCOMEY: No. MR. ASEPERMY: I just like it that there's an automatic recount. MR. TIPPECONNIE: That's nice, it's automatic. MR. ASEPERMY: Right. MR. BURGESS: So do we have a consensus of 10 or 12? Ten, all right. MR. ASEPERMY: And going back up to (b), it says, "In accordance with this ordinance." Where in the ordinance does it say -- Section 407 (b), Jim, that last sentence, "a box shall be opened," da, da, da, "in accordance with the ordinance." Where in the ordinance does it give you instructions on that? It's referring you to in accordance with the ordinance. MR. BURSON: That was actually in reference to the very next section, Section 108. I think this is required -- either recount is required by law or has been approved in accordance with -- MR. ASEPERMY: Right here, in accordance. When you say, well, where at in accordance with, it's right here. In accordance with this. MR. BURGESS: Jim, let's, in parentheses, see Section 408 is all, just to clarify. Right behind that, see Section 408. That will clear that up for the future. Just add that in parentheses, see below or see Section 408. Someone who's reading it hasn't read that far and won't realize it's referring to Section 408. MR. ASEPERMY: Next highlight, Mr. Chairman, is on Page 24. MR. BURSON: In the event that there's some provision that either gets added later or taken out later in another place in the ordinance, there's a potential where it says opening of transfer case because of some other reason. That may be captured elsewhere in the ordinance, so I hesitate to, while it can be referring to Section 408, which it occurs next, that's not the only place that it will authorize the opening of the case. MR. TIPPECONNIE: I think we should leave that one off. MR. BURGESS: Now, there's another area on Page 24. This is Resolving Ties After Runoff Election. This is Section 606, Resolving Ties After Runoff Election: "In any runoff election where there is a tie amongst the candidates who received the highest number of votes, the winner of the election shall be decided as follows: After certification of the election results, the election board shall provide each candidate at least three calendar days' notice of a meeting of the election board to determine the winner of said election." MR. ASEPERMY: Shall we keep it at three or five? I say three. MR. BURGESS: I think it has to be three because they have a notice to notify us within three days to certify the election. Is that right, Jim? MR. BURSON: Right. That's why it got pushed back to three. MR. BURGESS: All right. MR. ASEPERMY: Well, somewhere on that Section 606, because of what we talked about on this previous section, on a recount, if there's a tie, it should be an automatic recount, correct? MR. BURGESS: And it's the same, then it is a tie. MR. ASEPERMY: If it's the same, then you have a tie. You want to tell them how they determine a tie, Mike? MR. BURGESS: I'll read it to them. I'll read it to y'all folks. Here's how the tie of candidates will be determined: "The election board chairman, at said meeting of election board having a quorum present, shall write the name of the candidates on two separate, identical pieces of paper and present the same for inspection to each candidate. (c), the chairman shall place the paper containing the names of the candidates in an opaque container." Clear, glass container. MR. BURSON: No, opaque means you can't see it. MR. BURGESS: Oh, can't see it? MR. BURSON: Can't see inside of it. You can't see which -- in case there's a name in there, it has to be out of sight. MR. BURGESS: (d), "The eldest member of the election board shall draw one piece of paper from the container, read it, and then present it to the election board chairman. The election board chairman shall announce the name shown on the paper drawn from the containers to those present and said candidate shall be declared the winner of the election." That's how they propose to break a tie. No paper, rocks or scissors. MR. ASEPERMY: It used to be drawn from a deck of cards, high card wins. That's changed. MR. BURGESS: So they've changed that. That's their recommendation. MR. BURSON: Actually, your ordinance never had a way to break a tie. Now, what was suggested -- this is one of the suggestions that got crossed out -- was to use a deck of cards, high card wins. MR. ASEPERMY: Oh, okay. MR. BURSON: The election board considered a number of ways to do this. I'm trying to remember what some of the others were. MR. ASEPERMY: But, anyway, this is what they -- MR. BURSON: One of them was not paper, rock, scissors. That was not considered. MR. BURGESS: We could have a foot race. Shows effort, a lot of effort. MR. BURSON: This is to avoid -- have a provision in order to avoid the entire expense of running a new election that would cost 25 to $35,000. MR. BURGESS: They are looking for ways to keep costs down, ladies and gentlemen. I don't know that we've ever had that close a tie before, have we? All right. So we accept 606 (a), (b). The next highlighted area is Page 26. This is the Protest and Recount of an Election. Section 703 discusses the protest procedure. Item (g) -- just to set this up for y'all -- Item (g) says, "The election board shall deny any protest where a correction of the irregularity complained of would not alter the outcome of the election in accordance with Section 702." And then (h), "The election board's decision to deny a protest shall be final." That's it. MR. ASEPERMY: It takes the CBC out of the equation, correct? MR. BURGESS: Right. And when you flip pages to Page 27, Item (i), If the election board finds that the candidate has met the burden in accordance with Section 702," which is the burden of candidate to show proof of protest," the election board shall determine the appropriate remedy including, if necessary, the scheduling of a new election as soon as feasible. Said election shall be conducted in compliance with this ordinance. The decision of the election board to approve a protest shall be final." So it takes the CBC out of it. MR. ASEPERMY: Completely? Is that a good thing or bad thing? MR. BURGESS: Probably good for us really. I think it'll be good. MR. TIPPECONNIE: Probably good. MR. BURGESS: You get to vote again. That's all. MR. ASEPERMY: Take the CBC out because it's political? MR. KOSECHEQUETAH: Yeah. MR. ASEPERMY: Clyde, you concur with it? MR. NARCOMEY: That was the reason MR. TIPPECONNIE: Yeah, was that the reason? MR. ASEPERMY: Keep it? Keep it with these changes? MR. BURGESS: Keep it. The election board then has greater autonomy to handle all that. MR. WHITEWOLF: Remember your 60-day clock starts running after the third Saturday of April. MR. ASEPERMY: So, Jim, no change on that. We like that, Jim. MR. BURGESS: Down at the bottom of Page 27 is Determination of Recount Request. "Election board shall grant a request for and perform a recount only if the margin between the winning and losing candidate is the greater of 24 votes or less; or less than 2 percent of the total votes cast for the candidates for the position or the proposition." Something on the ballot. That's correct, right, Jim? MR. ASEPERMY: So if you have 2000 voters and 200 -- MR. BURGESS: That's the question. MR. BURSON: 2000 voters for a particular candidate, 2 percent would be 40 votes. MR. BURGESS: So that's still a good number. MR. BURSON: So what will happen in that case, is if the difference between, say, a 2000-vote candidate election, if there was 38 votes between the winner and loser, even if somebody wanted a recount, they would deny the recount, because it wouldn't meet the minimum 40 votes in that case to require a recount or to permit a recount. Now, that's a provision that's put in there to, one, they think that the counting of votes in all of the other provisions in this ordinance are going to keep the results of any election fairly transparent and secure enough that this would eliminate folks, because they got an extra $1000 they want to blow, holding up the certification of the election. If there's 100 votes, I want a recount. So they would just deny the recount if it wasn't close enough to meet these qualifications. MR. BURGESS: Kelly, for the record, on Page 17 of this ordinance, Section 310 is to be struck; not to be included in our approval. MR. TIPPECONNIE: That's the only one we've authorized that. Now Page 24 was three days. MR. BURGESS: Yeah, she's got that. MR. TIPPECONNIE: We changed Page 20 to 10 days. You got that? MR. BURGESS: Yeah, she's got that. So we're over to -- fellas, we're all in agreement with that. Other Duties of the Election Board, very simple and straightforward. And then as section -- excuse me, Part 900, which is Election Offenses and Penalties. Mr. Burson, on Section 911, Page 31, is that for us to review, the highlighted? MR. BURSON: It was added rather late in the entire process at the very last meeting. It is designed to coordinate with Section 310, which they thought might be pushing the envelope. This may be another one that may be pushing the envelope. Like I said, it's associated with Section 310. Section 310, the only way to find out whether there was a prohibition on outside influence is to require to incorporate where they got the contribution from. So Section 310 was added in order to make it more possible for Section 911 to have any effect. Now, do you care whether or not there is outside influence on as far as contributions or donations of money or things of value by non-members that you want -- is that something you want to prohibit is also an independent question to consider. MR. TIPPECONNIE: Independent from 310. MR. BURSON: Independent from 310, yes. Even though they're related, an independent question. MR. BURGESS: It's a pretty long section. I think my idea is because they go in conjunction with Section 310, and this one, we should put that to a working session with the community so they understand it, and they know that someone may again ask the question is that part of non-constitutional process. What do y'all think? MR. TIPPECONNIE: Poll on it is what you're saying? MR. ASEPERMY: 911, that's an appropriate 911, too. MR. BURSON: It is. MR. ASEPERMY: I do have one question on there. When you talk about -- well, actually, 907. When you talk about tampering, for example, with a voting device: "Punished by a fine not to exceed $1000 and/or by a term of incarceration in a Comanche Nation detention facility." We don't have a detention facility, do we? MR. GRIFFIN: Contracted services. MR. TIPPECONNIE: Yeah, we do have contracted. MR. ASEPERMY: And who determines the $1000 fine or the punishment? MR. BURSON: That would be your tribal court. MR. ASEPERMY: We don't have a tribal court. MR. BURSON: You use the services of the CFR Court in Anadarko for criminal purposes. MR. BURGESS: I'm going to address the community here. This is a new part of our ordinance. And I'll just read off the title of the sections. It's called, "Election Offenses and Penalties." Section 901 is Bribery to Influence a Vote; 902 is Bribery to Withdraw Candidacy; 903 is Coercion to Influence a Vote; 904 is Electioneering, coming within 300 feet, supporting your candidate. Interference of Conduct of Elections; Voting Illegally; Voting Disclosure, that's Section 907. Section 908 is Unlawful Balloting; Section 909, Possession of Unlawful Ballots; Section 910, Tampering With Voting Devices; Section 911, Prohibition on Outside Influence on Election. This is the section that goes hand in hand with the other one, 310, that we already struck from our ordinance here for further discussion. So CBC, gentleman, do y'all have an opinion on this? Withdraw this one along with 310 and get them approved together, or -- MR. ASEPERMY: I would recommend that we approve this ordinance with recommended changes that were presented to you. This is so much better than the previous election ordinance. I mean, it is day and night. The election board -- I don't know if anybody's here from the election board, but y'all did a great job, along with our attorneys. MR. BURGESS: Gwen, their clerk is here. MR. ASEPERMY: This is something that we needed, I think. And I think we need to enact this before tribal council, because part of this ordinance includes the election of our board members in Apache, Cache, and Walters. They need to be on the ballot. If we don't, then we have to continue on without, you know -- and they've already been on the board for -- they were sworn in December of '07, and they've been on the board for three years and three months, which is pretty must past their time frame because we did not enact a staggering term. So I would make, Mr. Chairman, I would like to make a -- MR. TIPPECONNIE: There's still a question, though, on the floor, the question about 310 and 911. MR. ASEPERMY: Okay. I don't think -- on 310, we said that we would discuss it. We can strike it, amend it, or if we approve it, amend it or make it an amendment. And 911 -- what did we say, Mike, on 911? MR. TIPPECONNIE: We didn't conclude it. MR. BURGESS: That's the question, do we want to include it or not. It still is a good section. It has parameters on illegal. MR. ASEPERMY: I like 911. MR. BURGESS: The whole section here has parameters on elections. MR. TIPPECONNIE: 911, especially anyone outside the tribal members -- MR. ASEPERMY: Well, I like 911. That's a good -- MR. TIPPECONNIE: Leave it in? MR.ASEPERMY: I think it should be. Darrell? MR. BURGESS: Darrell, how do you feel? MR. KOSECHEQUETAH: It's kind of like that other part, but it does give a little more clarity on what constitutes, for instance, a contribution or donation of money or other thing of value or -- I don't know, it's still kind of gray on who's going to decide what it is that constitutes this donation or an acceptance of some type of service, or was it a donated type service, charitable? It's just really up in the air on what could be qualified there and it comes down to the call, I guess, of the election board? MR. TIPPECONNIE: Yes. MR. ASEPERMY: What about if we -- if I make a motion to approve this with changes, striking Section 310 and Section 911 for further discussion? MR. TIPPECONNIE: Yeah. MR. NORMAN: This section on election offenses is with respect to criminal penalty, so it's not up to the election board. If there's a complaint that somebody has violated one of these, it's for your law enforcement and your prosecutors to investigate and prosecute as they see fit. They would determine whether or not there's been a violation of this provision that needs to be prosecuted. MR. BURSON: There's a good chance the election board would be involved somehow, saying, hey, we think there's tampering of the voting device, but past that point, it's up to your law enforcement and prosecutors to, you know, do the investigation and go forward with any prosecution. MR. ASEPERMY: Mr. Chairman, I make a motion that we approve -- that we approve Resolution 32-10 with recommended changes and striking Section 310 and Section 911 for further review. Did I say it right? MR. NARCOMEY: Lanny, before we approve that, on Page 19, Poll Watchers. MR. ASEPERMY: Yeah. MR. NARCOMEY: Somewhere in there we need to include the elder group, the elder poll watchers. That's been -- MR. ASEPERMY: It says on Poll Watchers there may be no more than two poll watchers designated by the election board per polling site. The election board shall not compensate a poll watcher, and those poll watchers have to notify the election board 15 days prior. MR. BURGESS: Read (c). MR. ASEPERMY: So basically if, in the past, the elder council has set a poll watcher. If they notify the election board 15 days prior to the election -- MR. TIPPECONNIE: And read (c) there. MR. ASEPERMY: -- then they can be there. But it also says that they may not interfere in anyway with the conduct of the election. MR. BURGESS: As a poll watcher, it's open to any Comanche Tribal member, except the candidate or his or her immediate family member, may apply to watch the activities at a polling site. So even if the election board wants to notify their people to be poll watchers, you just tell them to come over and apply. Most generally it's been the elders council. UNIDENTIFIED SPEAKER: Mr. Chairman, on your poll watching seniors, how close to your polling do you allow them? MR. BURGESS: Generally speaking, it's about 100 feet or 50 feet. MR. BURSON: The reason for the limitation of two poll watchers is so -- because of the various places where they have polling sites. Some rooms are large and they were assured they could provide a space for two poll watchers to actually be in the same area where people are polling without there being interference. UNIDENTIFIED SPEAKER: Why do we have poll watchers? We never had them before. All of a sudden now we have poll watchers. Why? MR. BURGESS: That was made by -- wasn't it Tribal Council Resolution '06? UNIDENTIFIED SPEAKER: Do we not trust our own people, is that what they're saying? MR. BURSON: It's actually a voluntary position that, up to two people, any tribal member, can apply to be a poll watcher. The election board will have two poll watchers per site. It's optional, it's not required. If there are folks that want to watch the polls, then that's permissible. There are guidelines for that. MR. BURGESS: There was a resolution passed about the elder's council having designation of poll watchers at the polling site. UNIDENTIFIED SPEAKER: Why? MR. BURGESS: That was made by tribal council. MR. ASEPERMY: Nowhere in this ordinance does it say their purpose. There's one, two, three ... eight sub paragraphs. It doesn't say what they do. UNIDENTIFIED SPEAKER: Are you our tribal council representative? MS. HALL: April 16th, 2005, Nauni made that resolution. It was passed by the tribal council because there was some goings on at the polls at that time before. They recommended that we have two monitors from the elder council, and it has been done ever since. At first we were paid by the election people, and then now it's -- the money isn't appropriated in our funds. MR. ASEPERMY: What kinds of goings on was there? MS. HALL: There was goings on before. But it was April the 16th, if you'll look at the minutes, of 2005. MR. ASEPERMY: Well, Margie brought up a good point. We have an election board that conducts the election. We have a board for the election board. UNIDENTIFIED SPEAKER: If we don't trust our own people, we're in trouble. MR. ASEPERMY: What do the tivos do? MR. BURSON: Almost all jurisdictions allow poll watching under various rules. But most jurisdictions that run elections in the United States, and many parts of the world, have a provision for citizens to watch the poll, watch the poll. In other words, to observe the poll, without interfering, just to ensure that there's nothing improper happening. MR. BURGESS: I recall at one election they stated that a police officer came over, opened the machine without poll workers to be there to verify -- they're supposed to be there to verify they did it correctly -- take the paper out, re-insert it, and make note of that. Well, the officer went over and helped that individual because one person was occupied, and that officer is not supposed to do that. So, then, is that correct or not? Do you throw the ballot out or not? That's why the poll watchers could say, okay, he walked over, he opened it, and it should have been this individual. And then they can go back and verify that that ballot was still the same what it was counted and it's on the machine. That's one instance where poll watchers were able to confirm what did or did not happen, what transpired or not. UNIDENTIFIED SPEAKER: Well, your tivo poll watchers, there are none. They don't allow you to get within -- when you pick up your paper, you're strictly on your own. If you're old enough to read and write, then that's it, but nobody else is allowed, and just the people that are monitoring. When you go to a tivo election, they're real strict about it and there's a policeman right there watching. That's why I asked, do we not trust ours. MR. BURGESS: That's the same way -- one thing the poll watchers do is they count the people coming and going and it equals the same number on the ballots at the end of the day. They can sit there and count the numbers. UNIDENTIFIED SPEAKER: Thank you. MR. ASEPERMY: Clyde, this ordinance does allow but it doesn't say what their function is. MS. HALL: We have regulations and we give it to the head of the election board each time. But we did have -- in Cache, we had one of the election people let her husband count the votes instead of -- because she said she wasn't very good at adding. Of course she's gone now, but that happened and we caught that. MR. ASEPERMY: I make a motion to call for the question. MR. TIPPECONNIE: You have the motion for recommendation of the changes, and then striking those 310 and 911. MR. BURGESS: And remember, the minutes to read, though, we'll have an open session with our community and the election board and complete discussion of those Sections 310 and 911. MR. ASEPERMY: Within 45 days. Let's do it quick. Let's don't sit on this. MR. BURGESS: We can do it afterwards. Second? MR. KOSECHEQUETAH: I second. MR. BURGESS: Darrell will second. All right. Questions? Hearing none, all those in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. It's passed. MR. ASEPERMY: With review. MR. BURGESS: With review, yeah. Recommendation for the minutes is within 45 days to have that session with our community and the election board. MR. ASEPERMY: Mr. Burson, is there any way you can provide the election board and the CBC with a clean copy by close of business Friday, the 9th? Is that possible? MR. BURSON: Yes. MR. BURGESS: Ladies and gentlemen, we have several resolutions here: Number 33-10, Number 34-10, Number 35-10. These have all previously been discussed. Several of them are grants, all three of them. So we're going to combine these into one vote, because we have had these discussions earlier with our Chief of Police, Vern, and we're in accordance and we all agree that we need to go for this money. So, again, we're going to having have a recommendation -- I should say a motion to approve all three of these at one time. MR. NARCOMEY: And these resolutions are not costing the tribe any money, just applying for grants. MR. GRIFFIN: No, we will take any money they will give us. MR. NARCOMEY: I make a motion to approve all three. MR. BURGESS: All three? That's items -- well, right now it's Items 8, 9 and 10, but the correct numbers would be 7, 8, 9. A motion's been made by Mr. Narcomey to approve these three resolutions for funding by law enforcement. Second, please? MR. TIPPECONNIE: I second. MR. BURGESS: Mr. Tippeconnie has seconded. Questions? Hearing none, all those in favor signify by saying "aye." (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. Motion passes. Go for the money. We are now at Item Number 10, the new 10. It's Resolution 36-10, approve the Comanche Nation College Charter. Mr. Burson or Mr. Norman, did y'all have any input with the college on these at all? No, yes? I believe there were two major errors that I can remember. One is a dissolution of the college and what would happen. UNIDENTIFIED SPEAKER: Mr. Chairman, I have a question on this cause. May I ask a question? MR. BURGESS: Yes. UNIDENTIFIED SPEAKER: Can you -- I don't know if you can answer, if y'all can answer or not. What was done on that, what we heard on the news, remember, a couple of weeks ago about the college? Has anything been done about that since then? MR. BURGESS: I'm sorry, Susan. Topics? UNIDENTIFIED SPEAKER: The nursing thing. Has anything been done since then? MR. BURGESS: Yes. The students did come in and talk to us. Several of the students came in more than once, talked to the CBC. The whole discussion centered around us, their desire for us to direct the college to provide their transcripts. But since that time, because the nursing student program was being overviewed by the Oklahoma Board of Nursing -- Oklahoma Board of Nursing, as of last Friday, has given preliminary approval of the transcripts that the college has presented to these students. And each of those students, I believe there were three, had to take a class in Comanche language. That's per the regulations of the college. Each of those three students, up to this past week, were scheduled to take their classes. What the outcome is, I don't know. At the completion of taking those tests and passing that class, they would attain their Oklahoma Board of Nursing certificate based on the transcripts from the college. So we should know something by next week. I was told by the college council last week that they would have this information to the students at the end of this week, I believe. So the nurses are getting their required transcripts and the college is providing the course work for them on an accelerated basis. MR. WHITEWOLF: That's all of them? MR. BURGESS: All those who said they hadn't received an official transcript based on whatever reason. So that -- let's just use that consternation has gone away because they're all working together as we had directed them to do, and no one's civil rights were violated. MR. ASEPERMY: There were eight Comanche students. They completed the requirements for the nursing program and six hours -- three hours of Comanche language and three hours of Native American studies. They did receive their transcripts. They have been scheduled for their License Practical Nurse board or test to get their license, four of them. Three of the nurses -- or four of the other nurses did not complete the Comanche language and the Native American studies as required by the program, the nursing program and the college. Three of them were given a challenge test, a CLEP test. 50 words, you had to get 70 percent of them right, 35. One of them passed -- two of them passed and one of them didn't take the test. So we still have three nurses out there that don't have their transcripts because they have not finished their required program for the LPN program. Now, the college is going to offer them an eight-week Comanche language test. That's my last understanding. UNIDENTIFIED SPEAKER: Now, may I ask how did it get to this point the way it was in the beginning when it should have been taken care of in the first place, and why did we end up on the news? MR. ASEPERMY: What now? UNIDENTIFIED SPEAKER: How did it become to the situation it is that it happened to come about? How did it come about that way? Why did we have to hear about it on the news? MR. ASEPERMY: Well, the chairman will have his opinion and I will have mine. I think the college dropped the ball. I think they dropped the ball. We had students go to Oklahoma City four times to pick up their transcripts. And the first three times, they were -- they did not meet the Oklahoma Board of Nursing standards. So on the fourth trip, they finally got it right. And I don't think that was right. We had people complete that course as early as in November who were not given their transcript until March. So they couldn't schedule a board test to take their test for their license. The Comanche Nation classes, that was put on there by the nursing program. They did it themselves. The board of nursing says this is your criteria, you did not meet it. We asked the college council to waiver that. I don't know what the latest is on that, do you? MR. BURGESS: No. MR. ASEPERMY: So they even offered to have a preview of the Comanche language. The instructor gave the nurses 50 words. They gave them five days to review it, did a -- I imagine an oral test, and you had to get 70 percent to get your credit for that college course. But, you know, there's more stuff to it than that. MR. BURGESS: We acknowledge that, thank you. MR. NARCOMEY: The way I look at it, the college Comanche credits that they're talking about, you can't transfer that, say, for instance like to OU or OSU or Kansas University or Cameron, you can't transfer them credits. I mean, it would be so simple just to waive it, because there's nothing -- you know, you can't transfer it. It's not transferable. You can't use it to no other degree. MR. ASEPERMY: In other words, no college will accept our Comanche language class. UNIDENTIFIED SPEAKER: I'd just like to say something, because, you know, I've been a college student myself. Anywhere you go, not every class will meet another college's curriculum. So it's not just something that's just against our Comanche classes that they were required over here. Any time you go to another college, not all your credits are going to transfer over. So it's not something like they're just picking on our Native American language, per se, in this instance. So I feel like, you know, if our students are going to go out there and -- whatever college they go to, you have to meet that curriculum. If you don't, then you go until you meet it. So I don't think they should have been waived, because if they know they're supposed to take, then they need to take it. MR. ASEPERMY: But here's the problem with that: It was not on the schedule at the appropriate time when they were taking their LPN courses. It was not offered. UNIDENTIFIED SPEAKER: But you run into that any college you go to. Not all those courses are on the class schedules every semester. So when it's offered again, then you take it again. MR. BURGESS: The program was initiated by Dr. Winkleman to take it away from Great Plains Vo-Tech somewhere 2007, 2008. So when the college agreed to take that program away from the vo-tech and put it under the tribal college, the administration was supposed to put all these requirements in place and notify all the students of their requirements, requirements before you go into the nursing class. These preliminary requirements, you're supposed to meet those before you can even get into class. Then some of the students were brought into the class without meeting those preliminary qualifications. The disconnect happened when the administrator told them I'll get that waived for you, but the policy stated there's no waiver process, no waiver policy. So the students were led to believe they were going to class with all of this waived. In the meantime, there was a new president brought in. The higher learning commission, which is going to give us accreditation for college, is stating, one, whatever your policies are, you need to keep them standard. OBN is stating if you have a policy, you need to follow your policies. We can't tell you what the college policies are, we can tell you what the nursing requirements are. So these preliminary requirements were not met because the instructor said I'll waive them for you. But the policies in place said there's no waiver for the procedures, no waiver policy. And the previous president, he's gone. There was no record of it, no recording. So our students got the bad end of the deal. And here we have OBN and the higher learning commission looking at our polices and saying if you can't follow your policies, then you're not worth the college credit you're going to give. So we're caught in a Catch-22. We have to follow our policies for all the students. All students have to be aware of the preliminary requirements and meet those before they get into -- in college before you get into your upper division and become a real business or science major, you have to go through your preliminaries, English, math, writing, and arithmetic. You meet all those, then you're allowed to come into the main course of your study, and that's what this is like. And while we can disagree that the students were -- we agree the students didn't get the best deal, we disagree about how it was done and whose fault it is. But my experience says that when I write my -- when I write my syllabus for my class, I write it so the students understand that the rules and regulations of the college are followed. And here's your student policy book, here's what you got to have before you can get your degree, here's what you have to have complete before you get into the program. And the student's leadership didn't show that. So we got new leadership in there, and now that the higher learning commission has been notified, we're ready to go forward with a real test of our college policies and procedures, that hopefully within one year we'll have accreditation of the college. OBN has given initial approval to our nursing program, because now they've seen everything possible. I have to say -- Lanny, you weren't there at the council meeting. I don't know if they said it in the Friday night meeting. That the students who were protesting were supposed to be there before OBN, and OBN's body of nurses was 22 people. And they didn't get to hear from the students. And they said, well, where are the students? And I'm sorry to say the students didn't get there to present their case. They should have been there. So OBN could only listen -- they had the scheduled meeting. OBN could only listen to the college representatives. So OBN has given preliminary approval for our nursing pre-CLEP. And if these students can get the classes done -- we had asked them here to do a CLEP and do accelerated classes for them and they're trying. That's what I know of it from last Friday, they're trying. MR. ASEPERMY: And the president of the college said on the CLEP, which is a challenge test, that they may give them a second shot at that, which is above and beyond. The whole situation started at the beginning. The preliminaries to go into the nursing program is you should have took three hours of Comanche language, and three hours of native studies. Four of the 10 students did that. The other six did not, so they should have not even been allowed to enroll into the nursing program, but they were. Then they were told during the course of their schooling, don't worry about those classes, we're going to waiver it. They should have never been told that, because the nursing program set those standards. Our Comanche women who went to and completed their clinicals, their were 1641 hours of medical clinical training to be tested for their license, they didn't do nothing wrong. They listened to their leadership and their leadership misinformed them. They're trying to fix it. They're doing the challenge test. They're going to offer the eight hours -- or the eight weeks of Comanche classes. But the only thing is, if you finish your clinicals in January, you got February, March, April -- here it is three months later and they haven't even been able to test -- or half of them haven't been able to test for their license because they did not complete the preliminaries. The other four who did, they've got a date when they are going to be tested for their license. And the college is paying their way up there, they're paying for the test. So at least four of the eight are going to be squared away. The other four, I hope they -- one of them passed the CLEP. I hope the other three pass the CLEP, too, so they can go on with their lives. Cohort two, this new group that came in, they've already completed those preliminaries before they even start, and that's the way it should have been. And I hate to say this, but I think our Comanche nurses, the ones -- half of them anyway, I think they were just misinformed. It wasn't their fault that the situation ended up like this. And they had all rights to complain, to me. But, hopefully, they can get it straight and get on and get their license and get jobs as licensed practical nurses on the outside, or within the nation even. I do have some questions on this charter. MR. TIPPECONNIE: We're going to take a short break just a minute here. If you want to stand up, you can. We're waiting for the chairman. He's running out to the get the appropriate charter that we're going to look at on this resolution of the college. There's been some changes and he has the correct one, so he's gone after that. (Break held.) MR. BURGESS: Ladies and gentlemen, we'll come back to order here. We're going to briefly table Resolution 36-10. We have copies being made of the specific language you wanted as the CBC, and we'll move forward with our agenda to Items Number 11, 12. These are grant applications to the U.S. Department of Health & Human Services Administration for Native Americans. One of them is environmental regulatory enhancements. The other is Resolution 38-10, which is a grant to the Department of Health & Human Services, again, Administration to Native Americans. This is Social and Economic Development Strategies, called SEDS, project. MR. ASEPERMY: Mr. Chairman, would you mind mentioning, for the record, the amounts of these grants, if they are approved? MR. BURGESS: Correct. The first one, which is the environmental regulatory enhancement, has funds available from 300,000 to 900,000 to accomplish the purpose. We are going to guesstimate $500,000 is what we need to do. On the second one, this is SEDS, this is Administration for Native Americans, again. Again, we're going to go for $500,000. The maximum is $1.5 million over a three-year period. This is to help with our governmental structure and developing, refining some of the processes, internal management we have. It will provide money for that, and it's also going to involve a survey of our people nationwide. So there will be some money there to do this survey, ask you your input on programs and options for our administration. We have to have our community input, so that's the part of the grant is to do this survey. That's going to be at least a two-and-a-half to three-year project. We're asking for half a million dollars in that, per year. So this project's potentially $1.5 million over a three-year life period. MR. ASEPERMY: And I may add that in any grant process, or on the grant process, part of the process is a resolution from the business side, the business committee. It's like giving them a green light to proceed. That's a requirement. That's why we have these resolutions, and they are substantial. So I will make a motion to approve Resolutions 37-10 and 38-10. MR. NARCOMEY: I'll second it. And the reason I second it is because we're spending someone else's money, not ours. MR. ASEPERMY: That's right, Clyde. MR. BURGESS: All right, fellas. Appreciate that. Thank you. MR. TIPPECONNIE: I might add, though, if Mr. Narcomey is paying taxes, he is spending some of his money. MR. BURGESS: Our per cap? Motion's been made and seconded. All those in favor signify by saying "aye." (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. Motion passes. Item Number 14. Gentlemen, you need to refer to that resolution. It's 39-10. It's a transportation resolution approving some routes. MR. TIPPECONNIE: Adding routes. MR. BURGESS: Adding some routes to it. We don't have an exact map, but we've got locations. This one is in Lawton to replace a wood-structure bridge on Bishop Road. Lawton again, to resurface two miles of roadway between Rogers Lane and Gore Boulevard and Laurie Tatum Road. Another one is in Lawton to construct .6 miles of paved roadway from the casino to Lee Boulevard. That's other people's money, again. And in Indiahoma, this is off Lee Boulevard, as it's known, construct two miles of paved roadway and replace low-water crossing with a bridge. In Caddo County we're going to construct five miles of paved roadway. Near Randlett, we're going to reconstruct five miles of roadway where Red River Casino is located. That's on the south side of the highway -- I should say east side of the highway, the interstate. In Walters we're going to construct one mile of oil and chip overlay. They have Indian road here. MR. NELSON: Indian Turnpike from Walters to Temple. MR. BURGESS: Indian Turnpike? Okay. Then we have others to reconstruct dirt road, we just have legals on that. Replace another bridge -- well, we're going to replace three bridges. So there will be some work coming up. These are all bid out by the RFP process. For your information, all of this is Department of Transportation money through state or through the BIA. MR. ASEPERMY: This does not include gaming money at all? MR. BURGESS: It should all be federal money. As far as I know, it's all federal money. No gaming monies on this. MR. WHITEWOLF: What area was that one you said was east of the turnpike? MR. BURGESS: Highway 36. MR. NELSON: That's the road that the Texas people take to come to our casino. That's the road. MR. ASEPERMY: And, also, a .6 of a mile that will exit off Lee that will run in front of our casino. Instead of going to Gore and turning east and then turning back into the casino, you can come in off Lee Boulevard straight to our casino. That's .6 of a mile. MR. WHITEWOLF: Are y'all going to do anything with the land there that's a floodplain yet? MR. BURGESS: We had plans to it, but it depends on the bond issue. We supposedly have been approved for a bond, but the city has approached us and said they want to tax anything we do there. So we're in discussions do we want to do it there or elsewhere. MR. WHITEWOLF: Any plans for putting it in trust? MR. BURGESS: We pulled those back because of the road. We had to pull it out of trust application because we have to do all the improvements to it first and then go back and put it back in trust. To put it back in trust, we have to take a longer process and then get approval to approve this. The road to get access to the casinos hasn't been poured, so we thought pull it out of the trust and get that road in there and go back with an application, if so needed. We haven't made any agreements at all. In fact, the hotel concept, if we do a hotel, will be built right behind the casino on our acreage already by the creek on trust land. And until we get that land in trust, we're just in discussions now. We haven't taken on a note. We've got to come back to you all anyway for the cost of the hotel that would run us. MR. WHITEWOLF: You have to do a lot of planning for a road, because that thing is congested. MR. BURGESS: That's why they want us to do this highway off -- this road off of Lee. The grant will pay for most of it. MR. ASEPERMY: We are in discussion stages for a travel plaza on that area south of the Lawton casino. The travel plaza, depending on this .6 of a mile road, the estimated cost initially right now is around $5 million. MR. WHITEWOLF: But you're not going to do that until you get it put into trust, right? MR. ASEPERMY: We don't even have the requested proposal. We have an estimate on what it would cost. MR. BURGESS: All right. So we have a motion -- we need a motion to approve this resolution for our priority roads. 39-10 is the number on it. MR. TIPPECONNIE: I make a motion. MR. NARCOMEY: I second that motion, Mr. Chairman. And the reason I'm seconding it, it may sound funny, but the more money we spend out of grant money, we get more money for our programs and it helps everybody. Plus we got more money for the per cap. So I vote yes. MR. BURGESS: All right. MR. TIPPECONNIE: Just increase your taxes. MR. WHITEWOLF: He doesn't care. MR. BURGESS: Motion's been made and seconded here. All those in favor signify by saying "aye." (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. The ayes have it. Next item: Number 14 is Resolution 40-10, amend the procurement policies and procedures. Mr. Tippeconnie, you have a handle on that. Did you find all of those that were presented? MR. TIPPECONNIE: We had that one with a question yet. MR. BURGESS: Was that 2.5? MR. TIPPECONNIE: Yes. MR. BURGESS: I have a handwritten one. I'll give you that. MR. TIPPECONNIE: You can see this, if you look at the resolution itself, Sections 2.5, 2.6 and 2.8 are the ones. We previously approved these policies and procedures, but they're being amended in those three sections. And if you turn over to Section 2.5, there's additional change in there that wasn't stated in this. Let me read it to you. I'm going to start with the second sentence of (a). 2.5(a), with the second sentence, which begins with: "The tribal administrator". Okay? "The tribal administrator is responsible for the administration of all Comanche Nation procurement and property contracts as approved by the chairman in accordance with these policies." MR. ASEPERMY: Are you adding "as approved by the chairman?" MR. TIPPECONNIE: Yes, "as approved by the chairman in accordance with these policies," the policies being this whole policies and procedures. So the tribal administrator is responsible for the administration. MR. ASEPERMY: And the execution to make sure that the contract happens. But the only thing that I have -- MR. TIPPECONNIE: Strike "execution" meaning that within the administration it is that. MR. ASEPERMY: But when you say tribal chairman, shouldn't it read we are bound by the constitution, the business committee to approve? So I would prefer the words "as approved by the Comanche Business Committee." MR. TIPPECONNIE: Comanche Business Committee? MR. ASEPERMY: I mean, we have to review and we have to sign the contracts, right? Or we have to review, the chairman is the signatory. MR. TIPPECONNIE: He's the signatory. MR. ASEPERMY: And you are the attester, but it has to be blessed by the CBC in accordance with -- MR. TIPPECONNIE: So you want to say, "as approved by the Comanche Business Committee in accordance with policies and procedures and" -- MR. BURGESS: What actually this is, this is the policies and procedures, but it's in conflict with -- the word execution means who is to sign the document. The TA's been given the authority by that to sign documents that the chairman or the CBC hasn't. Because it follows the RFP process, it's an automatic -- based on the rating system, right, Mr. Nelson? Based on the ratings, the recommendation comes, just like HIP, the roads. When you do the RFP process, we're following the policies and procedures, and these are like grants, too, perfunctory. Once they do the process, we don't get involved. And once they do the process and evaluation and the review is made, then, Mr. Chairman, we've approved this one and sign off on it. Then we can go forward with it. That keeps us waiting to the 30th day, hence 60 days, and it keeps the TA out of the position of approving contracts at $100,000, $200,000 and we don't know about it. MR. ASEPERMY: Read the last sentence as it should say. MR. TIPPECONNIE: First of all, let's go back. I'm going to start with: "The tribal administrator is responsible for the..." Strike out "execution" because that can imply that he signs. Okay. "... administration of all Comanche Nation procurement property contracts as approved by"-- and you're saying -- he's saying Comanche Business Committee. MR. BURGESS: I know it, but we already got the policy in place, the RFP process. That's what the -- MR. ASEPERMY: I mean, you sign it. Nothing happens unless you sign it. But before you get to the signatory part, shouldn't it be blessed by us as a body in accordance with the constitution? MR. BURGESS: It is with this, this whole procedure. The whole booklet. See, all the RFP process is this, and we blessed it. That keeps us from doing those. MR. ASEPERMY: It's in this? MR. BURGESS: That whole procedure. MR. TIPPECONNIE: Are y'all following that? MR. ASEPERMY: As approved by the chairman, correct? MR. TIPPECONNIE: In accordance with these policies. MR. ASEPERMY: As approved by the chairman in accordance with -- MR. TIPPECONNIE: These policies, yeah. MR. BURGESS: And I don't even see it until they bring it over here. Sometimes I don't know who they did what with. Like HIP. Mr. Nelson, tell us about the HIP contracts, the bid process. MR. NELSON: Well, they're binded by the BIA and they're going to, again, get federal money to do a full home remodel. Sometimes it's 35,000, or 50,000, 75,000. Bottom line, the RFP, which is Request For Proposal, to get three bids. And somehow or another in the past, before my tenure, it was always grandfathered into one. So, yeah, this is a good check and balance, yes. MR. ASEPERMY: Here's what it says. It says on Section 1, 1.2, we need to strike "execution." And it also says, "The Comanche Nation Business Committee is responsible for ensuring that these policies be adapted or appropriate," so that covers our constitutional duties. MR. TIPPECONNIE: Responsibilities, duties. MR. ASEPERMY: Yeah. MR. TIPPECONNIE: Now, go back to 2.5. I want to highlight something. In 2.5 you go to (a), but go down to 2.2 is the one we made some changes on. You can see it's got a different coloring, it's lighter. And then if you go to the next page, you see under 2.6(a), 1(a), you can see the lighter again. This is where stock requisitions shall be utilized for all purchases and acquisitions of goods and services, other than, and it's got some exceptions there. And then you can see on the bottom here, (b) as well. MOU is used in lieu of purchase order for procuring -- procurement involving contracted services for labor. So the MOU -- the contract or MOU will be used in lieu of purchase order. So we're trying to get these things right, Mr. Tribal Administrator? MR. NELSON: Yes, sir. MR. TIPPECONNIE: Get them so they're easier and efficient for us to use. MR. NELSON: Did not have a grandfathered clause just because we did it that way. It needs to be a good bid process. MR. TIPPECONNIE: And if you go to 2.8, this is Preparation of Purchase Orders, you'll see (d). "In some cases, their program staff may be able to make purchases directly from the vendor with approval from the property director, utilizing the gold copy of their" -- anyway, there's a procedure here so we can be quick if we have to make some -- right, Mr. TA? MR. NELSON: Yes. MR. TIPPECONNIE: If we have to make some quick purchases because of some circumstance. MR. NELSON: It's called a blanket purchase order. MR. TIPPECONNIE: Under the blanket purchase order. MR. NELSON: Right. MR. TIPPECONNIE: So we didn't have those in here and we want them in here so it makes everything easier for us. MR. NELSON: If you follow this rule, you'll be a good credit risk. You won't be owing people. MR. ASEPERMY: So will this prevent us from -- MR. BURGESS: Cost overruns on a bid? Yes. MR. TIPPECONNIE: And having arrears payment with penalty, it'll stop that kind of thing. MR. ASEPERMY: Will this prevent us from someone purchasing something and then giving the payment request with the receipt after the fact? MR. NELSON: Right. No more chicken. MR. TIPPECONNIE: It has to have the stock requisition and things like that. MR. NELSON: No more chicken. MR. ASEPERMY: I don't know if you would mind, but I'll give you a perfect example of why this is in place. We had a program that ordered how much in hand wash? What was the bill? $130,000? They ordered it, they got it, then they put in a request for us to pay for it. So we had to go to the company, turn in part of it, right? And we still got stuck. The procedure should have been you do the request, and it's approved, and then -- MR. TIPPECONNIE: Go through the process. MR. ASEPERMY: Go through the process. Well, the process wasn't followed and we got -- we almost got nailed for $130,000 of sanitation wipes. MR. NELSON: We shouldn't have no colds. MR. WHITEWOLF: Did the director get some demerits or something like that? MR. ASEPERMY: Demerit, that's a good word. Gigs? I think, Willie, I think they did. MR. WHITEWOLF: Did they? MR. ASEPERMY: That's his business, though. MR. NARCOMEY: Did they get to keep the TV and VCR they got with the big order? That's what I heard they got. That's how come they made the big order. To get the TV and the VCR. MR. ASEPERMY: I didn't hear that one. MR. TIPPECONNIE: I didn't hear that one. MR. NELSON: It was returned because we cancelled out the order. MR. NARCOMEY: That man or woman should have been relieved of his duties, whoever he or she is. MR. NELSON: If you don't have checks and balances in here, somebody from the nation could go off, get them a car, drive it around, and then we're stuck paying for it. No process was followed. You know, it -- it was appalling when I first got here, but it's solved, and it's the good working of these guys and myself and, you know, we're coming along. We really are. We really are. UNIDENTIFIED SPEAKER: Mr. Chairman, may I take a moment of your time? MR. BURGESS: Sure. UNIDENTIFIED SPEAKER: About those hand wipes, I was one of them that received them and I appreciated them. At the time, we were in the middle of that freeze and didn't have nothing to wash our hands with and use for water but the snow outside. And them ladies saved the day for my family, and I appreciate it. Thank you, tribe. MR. ASEPERMY: Well, that's what it was intended for, but -- UNIDENTIFIED SPEAKER: And we had no colds. MR. ASEPERMY: But $130,000 worth? That's a lot of it. UNIDENTIFIED SPEAKER: Well, I got seven boxes, so I probably owe her. That's a lot of hand wipes. It wasn't just me. We took in a lot of people. We had some people with babies, so that sure came in handy. But thank you anyway for your help. MR. BURGESS: Thank you, Aunty. Section 4 talks about the Cost and Price Analysis. And ladies and gentleman, I don't know if they have previously, but this is something that -- in this whole event, even talking about the hand wipes, there should have been a cost analysis when it's exceeding $5,000. And we've had to put that number in here because then that limits individuals from making huge purchases and commitments. So this cost analysis has to be done before we order anything so we know that we got the best price -- we got the best object for the price we're paying for. A lot of times if you don't have that, you're paying top dollar for something you didn't have to pay for. MR. TIPPECONNIE: And it's really needed. MR. ASEPERMY: And another thing I like is that you put a limit of 2,500 on emergency. MR. BURGESS: So we put some limitations in here where previously it hadn't been here. MR. NELSON: I'd like to add, Mr. Chairman, you know, Mike and I, we were tasked with a big ice storm that came about, and we never had no procurement policy on an emergency, so now we've safeguarded that. We had all these guys from FEMA in here the other day. And the reason we've held off on the FEMA cleanup, and I know I -- bottom line is we want to know if we are going to get paid back. And it was proven we're going to get paid back. And they complimented us on the work we've done. Now, that's pretty good when somebody from Washington, D.C. -- (spoken in Comanche) he had it down, he nailed us. And he said, "You know what? You guys have got things in order." He said, "I haven't seen a tribe with things in order." You know, that's a compliment to the CBC, it really is. So I felt pretty impressed that we got things in order where somebody from Washington, D.C. says, hey, move forward. He kind of gave us the stamp of saying good job. So that was really good. MR. WHITEWOLF: Be careful. We don't want the CBC to get a big head. MR. BURGESS: Give us one at the end of it. MR. TIPPECONNIE: Mr. Chairman, I recommend, with the correction we made, that we approve this. MR. ASEPERMY: You recommend or you make a motion? MR. TIPPECONNIE: Make a motion to approve it. MR. ASEPERMY: I second it. Willie -- wait. Before I second it. Willie -- and Norman's not here. I didn't get a chance to talk to him. Is this the done deal? MR. TIPPECONNIE: I sat down with Norman and went over it. MR. ASEPERMY: Second. Second without question. MR. BURGESS: All right. We have a motion on the floor with a second. Barring any further discussion, we'll call for the question. All those in favor of the new procurement policies and procedures with amendments, say "aye." (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. MR. NARCOMEY: I voted for it because this procurement policies and procedures, it covers more -- get more accountability for our money going out, and accountability is what we've been needing in this tribe for I don't know how many years. I've been pushing since I got on the board in 2005. We're slowly moving up accountability, slowly but surely. So I'll vote yes twice. MR. BURGESS: Okay. MR. TIPPECONNIE: He's trying to get away from paying taxes. MR. BURGESS: Moving onto Item Number 15, which is Resolution 41-10. The tribe has been notified by the Bureau of Indian Affairs that they would like to see us put all 638 monies into one account. MR. TIPPECONNIE: We have to separate this construction dollar, put it in a separate account. And that's -- we've just got to keep monies that we get from gaming separate from 638 or federal dollars, so we have to do that. We have to establish a separate bank account. MR. ASEPERMY: Okay. The only thing I see wrong with this is I don't see nothing wrong. The authorization as signatories are the chairman, vice-chairman and secretary-treasurer. I would like it to say something like approval for withdrawal/deposits require two of the three signatories on that request to withdraw money, just like we have on our other ones. MR. BURGESS: Is this the one where we write the checks to the accountant and disburse payments? Is that what it is? MR. TIPPECONNIE: What happens here is it goes through our accounting firm. So we make the request -- MR. ASEPERMY: Just like we normally would. And it does require the two signatures, except we have to add the vice-chairman and the TA is not -- MR. BURGESS: He's not on the checks. MR. ASEPERMY: You're on the gaming, but you're not on the -- MR. BURGESS: No, no, he's on the pay requests, but on signing the checks that the tribe owns, he's not elected. This is for elected officials. MR. ASEPERMY: And that's the dual signatures? MR. TIPPECONNIE: And it comes out with dual signatures. MR. ASEPERMY: Okay. MR. BURGESS: This is prescribed by the constitution. MR. ASEPERMY: All right. MR. BURGESS: So, Bob, are you making that motion? MR. TIPPECONNIE: Yes, I make a motion. This is one of the actions to get us out of the non-compliance. MR. BURGESS: Second by Mr. Asepermy, am I correct? MR. ASEPERMY: Yes. If you want to say so, yes. MR. BURGESS: Barring further discussion, we'll call for the question. All those in favor signify by saying "aye." (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. The ayes have it. Number 16, which is a motion for Big Bears Lawn Care. Did you want -- that comes -- which one is that? Before the resolution. We're going to move this up to Item 16, ladies and gentlemen. This is the resolution of the Comanche Business Committee requiring application of federal accounting procedures and expenditure guidelines to the expenditures of Comanche Nation gaming or taxation revenue as supplemental funding for federal programs. MR. NELSON: That's part of what we're trying to add in. MR. ASEPERMY: Have y'all seen this? William? MR. TIPPECONNIE: Are you comfortable with it. Do you know what it is? MR. NELSON: No. MR. TIPPECONNIE: No? This is the one about boards and stipends. This is the one Mr. Narcomey -- remember, board and stipends? MR. BURGESS: That's a separate one here. Are they requesting us to make this, or now that we've got the new one for BIA and it should be understood, it doesn't apply to tribal funds? That's somewhere in here in our financial policies will apply. MR. TIPPECONNIE: Yes, it does. You know, when it's been brought out such as when we're IA, you know, that we should have the similar guidelines as we have relative to 638. MR. BURGESS: Then where's that other resolution? MR. ASEPERMY: To me, this says if a program uses their monthly allocation before the month's out, they don't get no more money. MR. TIPPECONNIE: Let's table it. Let's table this. MR. BURGESS: He's suggesting we take this to Finley & Cook, because it will impact our financial policies. MR. ASEPERMY: Okay. MR. BURGESS: We'll table this one. MR. TIPPECONNIE: It will affect accounting principals. MR. BURGESS: We'll table it. What number did you give it? MR. TIPPECONNIE: 42-10. MR. BURGESS: "This is a resolution of Comanche Business Committee establishing meeting and stipend guidelines for Comanche boards and committees. As part of its responsibility to ensure proper expenditure of Comanche Nation funds and according to the Revenue Allocation Plan and the approved tribal council budget, the Comanche Business Committee deems it prudent to establish meeting stipend guidelines for boards and committees of the Nation which are supported by the funds approved for expenditures by the tribal council. "Therefore, be it resolved that the Comanche Business Committee shall establish for each fiscal year the meeting stipends to be paid to members of boards or committees of the Comanche Nation which are supported by gaming or taxation revenues distributed to the Nation in accordance with the approved tribal council budget, unless otherwise prescribed by law. "Be it further resolved that said meeting stipends as established for members of boards or committees of the Comanche Nation shall be paid only if said board or committee meets at least once during the month and shall be paid no more than once during a calendar month without regard to the number of meetings conveyed by said board or committee during the same calendar month." What it's doing is treating all boards and committees like we are. Once we have a meeting and recess, you only get paid one full stipend. It's $250. And you can have continuation meetings, but you don't get paid any more than the $250 for the continuation meetings. MR. ASEPERMY: An example, the gaming commission, they meet twice monthly; once with the gaming board, and once with their staff, and bi-monthly with the CBC. So in any given month, the gaming commission can pay themselves up to $750 a month. The gaming board of directors, they meet a minimum of three times monthly; once with the gaming commission, once with the CBC, and once with their staff. So they pay themselves $750 a month. These are just two examples, and there are others. But, Darrell, sometimes there's a need. It's like us, we're bound by the constitution. We get a $250 a month salary. We reconvene, we have special meetings, we don't get an extra $250 when we reconvene or have a special -- $250, that's it for us. However, if we go to a gaming board meeting, we're paid another $250. If we go to a tax commission meeting, we're paid $331. If we go to a gaming board meeting, we get $250. If you're on economic development board, you get $250. If you're on a museum board, you get $250. So we get -- we get paid -- I average -- the CBC averages $911 a month, besides our salary. And, Clyde, I know you have brought this up many times: Why are we only paid $250 and we might have three CBC meetings? MR. NARCOMEY: I'm not griping about us. I'm griping about the boards meeting four or five times a month and getting four or five -- MR. ASEPERMY: -- stipends. And I just gave everybody an example, the gaming board. MR. NARCOMEY: Because of the money shortage. We're not as rich as everybody thinks the tribe is. We're not, because of the casinos not producing as much money as they were. Now, just like -- oh, even -- heck, I don't know. Just for instance, like we're trying to cut -- at the casinos, we spent over $900,000, the casinos do, giving free lunches, one per person, to their employees. $900,000. That's a lot of money for the past six, seven years. Just think how much more money we could have got on our per cap. Right now we're trying to get them to cut that off. We're trying to keep them -- I don't care how many times -- Just like right now, we're meeting right now. We're going to get $250. We'll have a continuation sometime this month. We don't get money for that. We're going to have this general election here the 17th. We don't get paid for that. But when these other guys meet, they get paid whatever they get paid. I heard up to -- I don't know. I haven't ever seen a check or nothing. UNIDENTIFIED SPEAKER: But all this money is coming out of the casino? MR. NARCOMEY: All this comes straight out of the casino. UNIDENTIFIED SPEAKER: So all this money you're talking about, the budget and everything, is coming out of the casinos? So does that affect our elderly money? Does that affect our per cap? MR. ASEPERMY: No. You're still going to get 40 percent of the net profit regardless of what happens to the other 60 percent. You're still going to get 40 percent, no matter how we spend the rest of that money. UNIDENTIFIED SPEAKER: Why is it that you guys -- not you guys. I don't want to say you guys. Why is it that -- what you're saying is -- what you're saying is why they need all this money. MR. NARCOMEY: It's feeding the employees over there -- UNIDENTIFIED SPEAKER: About 250, 500 so on and so on for each meeting? MR. ASEPERMY: What I'm saying is -- what Clyde has said, we get paid a salary, in accordance with the constitution, of $250 a month. The gaming board, for example, and the gaming commission, if they have their meeting with us, then we're all paid $250. If they have a second meeting with themselves, they're paid $250. If they have a third meeting during that month, they're paid $250. UNIDENTIFIED SPEAKER: Reason why they're getting paid all that? MR. ASEPERMY: It's a separate meeting. MR. KOSECHEQUETAH: It's an expense. It's the cost of doing business. That's the way it's done. And to take them -- just because we only get paid $250 a month doesn't mean we should make -- I don't agree with Clyde on this. UNIDENTIFIED SPEAKER: I do. MR. WHITEWOLF: We disagree, then. MR. BURGESS: William -- Mr. Norman has a statement. MR. NORMAN: There may be some confusion about the actual resolution itself. You requested that it be drafted, it's been drafted. It has not been discussed among you. You've had some other discussions about it. Perhaps you want to take this up in executive session and come out and act on it after everybody's comfortable with what it covers and what it doesn't cover. MR. ASEPERMY: I don't see no confusion on -- MR. NARCOMEY: Just one more thing. On the extra meeting, I've been told that down at the business center someone will come in and write checks, sign checks, say 15 checks, and they get paid 3, $400. It may take 15 minutes. That's what I'm trying to cut out, you know. MR. CODOPONY: Mr. Chairman, I want to take exception with what Mr. Narcomey said. I visit with the casinos on a regular basis. That's not a meeting. I come all the way from Binger, Oklahoma. Cheryl Lewis, one of the commissioners, comes from Oklahoma City. She visits the casinos on a regular basis. We don't get paid for that. The two local commissioners and gaming commission who are here in Lawton come down to the business center on almost a weekly basis to sign checks. They don't get paid for that. The only time that we actually draw a stipend is when we convene, we have an agenda, we have a reason to be there as a group, not individually. And these stipends are to compensate us for our travel and for the time. And, you know, it's like we talked about, you know, when you go into this job, you know what you're getting into. I ran for the CBC and I was on it. I knew what I was getting into. I was in Lawton three to four times a week from Binger, getting paid $250 a month. It wasn't about the pay. That was the job I chose to seek. As part of the gaming commission, that amount, that stipend was what was -- it is -- or the ordinance says that the CBC will establish the stipend for the meetings. It doesn't prescribe the time of meetings or whatever. But to say that we meet and abuse the privilege is a falsehood. That's not what we do. MR. WHITEWOLF: So you only meet once a month, then, huh? MR. CODOPONY: No. Mr. Asepermy told you the amount of times we meet. But to characterize it that we or other commissioners get together just to sign checks just to draw a stipend is not true. MR. KOSECHEQUETAH: We understand that that possibly has happened in the past, and it may be the case, and specific issues, and it's been the case with this very business committee in the past. I hear that they used to get together, three or four of them, and give each other a check to do that, but we're not doing that right now. And what they do at the commission, what they do on the gaming board is they're there, they conduct business. They have shown us the results of what they've been working on. We sit with them once a month and they report to us on what they've gone over, and there's no way that they could have got that type of work done having just sat there with us having one meeting a month. There's more time required. Peoples' time is worth money. We should compensate them for it. MR. BURGESS: Yes, Thomas? MR. TOM NARCOMEY: I think the gaming board's ordinance should be revised to make sure they're doing their job. Like I think Sharrod Tabbytite is still in there, and nothing's done about him. And then the bingo -- the gaming managers that were working while we didn't do a W-2(g) form, it got fined $770,000. They're still in there. I don't think anything was done to them, reprimand or nothing, or -- but they're not doing their job. They ought to resign or there ought to be some teeth in there, in this ordinance, to get rid of them if they're not doing their job. It should be reviewed, that ordinance, in detail. MR. BURGESS: Okay, Thomas. Thank you. UNIDENTIFIED SPEAKER: It's come to my attention as a tribal member -- I was unaware of a lot of the salaries that are out there and these boards and the stipends that they receive. Do we have something in place or can we put something in place to review the amount that they get, and maybe put a cap on it? And in listening and knowing that our CBC only receives such a small amount as opposed to these other boards and all that that receive large amounts -- I mean, you guys do our monthly business, you handle all tribal issues and things like that, and it seems like y'all are the least paid out of everybody that's out there. We have outrageous salaries and positions, and we have boards that don't handle the severity of the business that y'all take care of on a monthly basis, and yet y'all are the least paid. MR. ASEPERMY: I want to add a comment about the least paid. Okay, we get a salary of $250. I just got a $250 stipend from the gaming commission because we had a bi-monthly meeting. I'm going to get $331 from the tax commission for going to their meeting on the fourth Thursday of the month. I'm going to get $250 from the gaming board for going to their meeting the fourth Thursday of the month. So this month, poor little old me is going to make 1,081 in stipends. Right? So it's not -- it's not like we're not getting anything. But then again, you're right. I think we are underpaid. The Kiowas get $36,000 a year. The Apaches, I've got their numbers down here. They get paid $31,500, their business committee. The Fort Sill Apaches get paid $900 a month. It requires a constitutional change. So it's not like we're pitiful. $1081, that pays for my gas and my meals and we're usually fed. The gaming commission, there are certain things that this commission -- and I'll just use you for an example. The job that that commission does, they oversee the tribe -- the regulations or the regulatory commitments of the tribe. How good of a job do they do for their 700 -- how many meetings? Two? At least two? $500 a month. We went from 198 violations in our casinos in 2007 to four, so they're doing their job. They're being compensated very little, $500. That ain't -- to me, for what they do, and the number -- how many times do you come from Binger, every day? Or, I mean, a month? MR. CODOPONY: At least three, four times. MR. ASEPERMY: Well, it's no different than any of us coming to the complex, any of us going to the casinos, any of us going to economic development. You know, I did a calculation. I drove 31,000 miles on my vehicle since I've been on the CBC. 31,000 miles. If I was paid mileage, that would have been $15,000. So that's my donation to the Nation. Okay? I don't -- I'm kind of with Darrell. In order for us -- you got to have incentive to be on these boards and commissions and things like that. Is $250 incentive enough for you to spend 30 -- $25 to $40 taking care of the Nation? Not to me. Those meetings are necessities. They don't abuse them to my knowledge. And I'll give you another example. You want to make the limit $331 -- I mean, 250? I asked my colleagues: How come the tax commission's paying us 331? Why don't we make it 250? Did any of them say huh-uh? No. They want that little extra 81 bucks. UNIDENTIFIED SPEAKER: So do you all go to those meetings -- like you go to those meetings to collect what you get? MR. ASEPERMY: No, we go there to meet and handle business. UNIDENTIFIED SPEAKER: I know you go to do your business and stuff, but do y'all go do what you do and get what you get? MR. KOSECHEQUETAH: We're not all on all committees. MR. ASEPERMY: Bunky is on the economic development board, we're all on the tax commission, we're all subadvisory committee members on the gaming board and the gaming commission. We are all -- Darrell is part of the museum board. He's our representative. The chairman and Eddie right now are part of the college board. You know, and there's other committee's, too, that nobody gets paid for, like Mike, Darrell and Clyde. UNIDENTIFIED SPEAKER: Clyde, what are you on? MR. NARCOMEY: I'm on the least amount of boards than these guys. MR. ASEPERMY: He is the liaison for the elders' council. Every time they have an elders' council meeting, he's there. UNIDENTIFIED SPEAKER: Mr. Chairman, I'd like to request that a tribal resolution at the annual meeting be put on the agenda, and I'll e-mail that to you before the meeting, that way you can look at it and we can give some direction as tribal council. MR. BURGESS: Okay. That's be fine. MR. ASEPERMY: This resolution is very clear to me. MR. BURGESS: Yeah, this is pretty clear, but it's a hot topic, it sounds like. And so, Clyde, I think we need to discuss it more. There's a couple of questions, Darrell and Lanny -- Bob didn't say much, but I know he's got some questions, I know now. So can we go on in executive session on this and come out of it? So we'll move those to executive session? Is there anymore resolutions, Bob? MR. TIPPECONNIE: Just a motion to come out. MR. ASEPERMY: I have a motion that pertains to the gaming commission. MR. BURGESS: We're going to have a motion on the floor. Mr. Asepermy will make that motion on behalf of the gaming commissioners. MR. ASEPERMY: After reviewing resums for possible appointments to the gaming commission, we have two gaming commissioners whose terms have expired. The applicants that I looked at, one was from Eagle Pass, Texas, another one was from somewhere. They were thinking that these were full-time positions. They are not. So I make a motion that we re-appointment Vickie Sanders and Edward Tahah as gaming commissioners. That's my motion. For another -- when would their terms run out, Oscar? MR. CODOPONY: They were supposed to be re-appointed last July, so -- MR. ASEPERMY: July of 2012 -- June 30th, 2012. MR. NARCOMEY: I've got a question. I know we brought up before we was going to cut down on the boards. In other words, if they had eight people, we're going to try to cut them down to six; if they have five, we're going to try to cut them down to three, in order to save money, to save money. Now, what's going to happen if we go ahead and appoint these two guys, or boy and a girl, and then next month or two months later when we decide to go ahead and cut down on the board members? MR. ASEPERMY: This commission currently consists of three members and one alternate. I think this is a small board. And they've proven their worth. I just gave you an example of the violations. The regulatory violations in our gaming operations, thanks to our gaming commission, have dropped from 198 to four. So they're doing something right. They're the advisors for our gaming commission. So I don't think a four-person board -- now, I agree with you on some of the other boards being eight or nine or 10 people, that we should cut back, but this particular commission I think should remain three members and one alternate. And my motion is to reappoint Vickie Sanders and Ed Tahah. MR. BURGESS: We have a motion on the floor here. Is there a second? MR. NELSON: Question. MR. BURGESS: We have to get a second and then go into the discussion. We have a motion on the floor. Do we have a second for the gaming commissioners to be re-appointed for the duration? UNIDENTIFIED SPEAKER: On the gaming thing, what are the qualifications? MR. BURGESS: Hang on. MR. KOSECHEQUETAH: I'll second. MR. BURGESS: We have a second here, Mr. Darrell Kosechequetah. Discussion? Mr. Thomas Narcomey? MR. TOM NARCOMEY: If you advertised wrong the first time, why don't you advertise right and then -- and, also, those 168 problem areas down before, that's because of the new administration. I wouldn't say it's all the gaming board -- MR. BURGESS: You mean the old administration? The old administration? MR. THOMAS NARCOMEY: That was their stuff? MR. ASEPERMY: We've advertised twice. MR. BURGESS: We did advertise it twice for gaming commissioners. MR. WHITEWOLF: I never seen it. MR. BURGESS: It was advertised about July and August. MR. ASEPERMY: Initially, yes. MR. TOM NARCOMEY: I thought it was advertised wrong or something, full time. MR. BURGESS: It was advertised. MR. ASEPERMY: And the advertisement did have, to answer your question, the qualifications. And I don't know what they are because I don't have it in front of me. MR. CODOPONY: The qualifications are you have to have at least a bachelor's degree in an associated field, management; or you have to have years of experience in a highly-regulated environment. I have a bachelor's degree in business administration from the University of Oklahoma. I have been employed in the utility environment, which is regulated state and nationally, for the last 28 years. Vickie is employed in the banking industry, which is highly regulated. Ed works for the City of Lawton Contracts Construction Department, which is another regulated entity. Cheryl Lewis, the other commissioner, works for the Bureau of Indian Affairs in contracting, and it is federally regulated. MR. ASEPERMY: Unless they gained three more years of experience -- MR. BURGESS: One more and we'll call for the question. MR. TAHKOFPER: This might be a little off the subject, but I think you ought to relay the short message to the tribal information on this oil well that's going to be built up here on KCA land in Anadarko here shortly. They're already putting a drilling pad in, the road and stuff. And the reason I know this is that I had some -- one of the tribal executives called me the other night at home wanting to know if I would be willing to help them get the data and stuff that I needed when this well was being drilled. I said, yes, if you give me -- if you give me the power to do that, I can look after your interests on that. So that's what it was. MR. BURGESS: Do you want to do it from the time they spud up or are you going to go in at a later a depth? MR. TAHKOFPER: No, I'll go in every few days, because I want to see everything that's going on. I'm very familiar with it. I've sat on many, many wells, and directed drilling. MR. BURGESS: What Mr. Tahkopfer is talking about, ladies and gentlemen, the KCA just signed on a contract that the Bureau got brought forward from an oil drilling company to locate the well on KCA lands. Originally it was going to be placed on land north of the agency across the river on another allotment, but that site was infeasible, it was not going to work out. So they went to the BIA, got permission to come over across the river to the KCA near Old Town, north and east of Old Town, to drill there. So the KCA signed off on that lease. BIA is walking that through, and they're supposed to spud up here in the next five to 10 days and start drilling. Spud up means they got the platform down. They're going to start drilling down. Am I right? MR. TAHKOFPER: They have to be drilling before 12 o'clock midnight before that lease expires. MR. BURGESS: Maybe they did that by Wednesday, wasn't it? Today, yesterday? MR. TAHKOFPER: I'm not sure. The person I spoke to said he would forward the proposal that this company, Laredo I believe is the name of the company. MR. BURGESS: Forgive me. They needed to have the contract signed by April 1st, and then they have 30 days to spud up after that. So April 1st was contract date, and they'll start drilling the well in 10 to 20 days. MR. TAHKOFPER: Evidently before the lease expired. I told this person there were some things that KCA should put in their response to them, that you can make a request for this certain data that I would like to look at, and they can get that data. If you don't, you're going to have to go to the drill land management. It's like squeezing pennies out of screws to get data. MR. BURGESS: Ladies and gentlemen, he's asking us for a letter from the CBC, but I want to go by a consensus of the body here. Do y'all want to do a letter authorizing he represents us or would you prefer we did a letter and let KCA -- MR. ASEPERMY: I want to take care of this motion first and then discuss that. It has nothing to do with our motion. MR. BURGESS: And then we'll come back to that. Mr. Tahkofper, we have the motion on the floor. We had some questions, discussions, to approve or disapprove Ed Tahah and Vickie Sanders. Motion's been made and seconded. Mr. Kosechequetah seconded. So call for the question here. All those in favor signify by saying "aye." (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. Motion passed. Now, Mr. Tahkofper, a consensus of the CBC saying we'll just let the CBC authorize you to do that. Because if another tribe -- it's better to come from KCA because that's where the lease is. So get ahold of Mary Pewo, have her draft a letter up, and all the three chairmen can sign it. MR. TAHKOFPER: Even if they don't, you don't do this. Whatever I do for this tribe, I can't turn the information over to anybody, unless you agree to it. I wouldn't compromise their situation by my interpretation or looking at the well log, interpreting it. I couldn't put them, turn them over to any other tribe. MR. BURGESS: Well, I know you couldn't, but it's still KCA's information. MR. KOSECHEQUETAH: There's an individual who asked you to do this? Do they have land near that or are you talking about interest of the KCA? MR. TAHKOFPER: I don't understand your question. MR. KOSECHEQUETAH: You said that somebody prompted you to do this, or to be -- MR. TAHKOFPER: No, somebody prompted me to do this, and I won't say the tribal name. I won't say the person. But they called me at home and asked me if I would be willing to do this for their tribe. MR. KOSECHEQUETAH: Okay. MR. BURGESS: Big Bears Lawn Care, I'll go ahead and make that motion. MR. WHITEWOLF: Who is Big Bear? MR. BURGESS: Big Bears Lawn Care is a company owned by Mr. Heminokeky, Eddie Heminokeky. They do cemeteries. They're on contract for the Comanches to do other cemeteries. UNIDENTIFIED SPEAKER: I thought the KCA did that. MR. BURGESS: Well, they do, but in the past, the people were upset with the work because KCA had so much to do and little equipment to do it, low manpower, so they were only getting Memorial Day and maybe down about on Veterans Day where they cut the cemetery. So the Comanches, sometime in the past, passed a resolution to hire a contractor to take care of those cemeteries that a lot of Comanches use. So I think it's six or seven, Bob? MR. ASEPERMY: Five. Cache, Tombstone. MR. NELSON: Six. MR. ASEPERMY: Six? Tombstone west of Cache, Little Washita, Mount Scott, Deyo, Post Oak, and -- did I say Little Washita? They had 14 or 13 cemeteries. And you can't tell me that you haven't seen a marked difference in the maintenance of our cemeteries over the last two years. The KCA would do, to be honest with you, a sorry job. They would mow over the flowers and -- MR. BURGESS: They had to go fast to get to all of them. MR. CODOPONY: Apache, do they do Apache? Is that the other one? MR. BURGESS: West of Apache? Yes, that's Cache Creek. MR. ASEPERMY: Yes, Cache Creek. MR. BURGESS: This motion is about -- we're amending the contract due to the storm, so that when Mr. Heminokeky has his workforce, he doesn't have to pay them out of his contract. This motion reads: "In the event of a declared emergency, any work that is necessary outside of the normal maintenance or service under this contract, which may include, but is not limited to, debris cleanup, repairs, or extraordinary workload, will be billed separately, according to established contractual rates. Before this work can commence, a written estimate must be provided to and written permission received must be given by the chairman or the tribal administrator." If either one of us is in the office, Mr. Heminokeky can come over and say this is the extra workload, this is more than my contract allows me to do because I don't have the money for it, and then we tell him when to do the work or not to do the work. Because then that money is billable to a FEMA reimbursement program for cleaning up storm debris. Now, he went ahead and hired some extra help and got all the cemeteries done before we could tell him don't do it. So now we're amending his contract to tell him in this instance, don't do the clean up on your own. Tell us what it's going to cost you, bring the bill in here, the estimate, and we contract with you to do it separate and above what you're doing so that we can get that reimbursed through us to him. That's why this amendment is going in. And he's agreed to it. He was here earlier. He said, "Do I have to stay around all day? You guys talk too much." He didn't say that. I said, "No, we know the contract, and the TA's aware of it." Because he comes and approaches the TA and picks up all the paperwork he needs to. The only reason the chairman's on there is sometimes him and I are in and out of the office different times and we can approve this contract. So he's aware of that. MR. ASEPERMY: And he is on the budget, and he's been approved for the last two years in the amount of $60,000 for his cleanup. MR. NELSON: It's called Comanche Cemetery Improvement. It comes out of the 25 percent fund. MR. BURGESS: We have a copy of the contract here attached and it's got the wording in the back of it. So we are going to go ahead and -- motion being made by myself and I need a second. MR. ASEPERMY: Second. MR. BURGESS: Second by Mr. Asepermy. Discussion? UNIDENTIFIED SPEAKER: So what you're saying on that, what you're talking about on this guy that did what he did. MR. ASEPERMY: Eddie, Eddie Heminokeky. UNIDENTIFIED SPEAKER: So is there other guys out there that's doing what he's doing and gets paid for it? MR. ASEPERMY: No, unless the individual family, like I do, go to where my family is and I do it myself. But I haven't had to do that since he's come aboard. When I come home, my family's burial place was knee high in Johnson grass. Eleven pickup loads of mode grass. You don't see that at our -- the next time you go to a funeral at one of these, just look at the condition. And they do a heck of a lot better than the KCA. UNIDENTIFIED SPEAKER: Well, I understand that somebody's out there that's doing that and getting paid for it since this cleanup thing, and turns in a lot of -- what do you call those papers? Payment requests? MR. ASEPERMY: It's probably Mr. Heminokeky. UNIDENTIFIED SPEAKER: No. MR. BURGESS: Not to us, then. Now, the Kiowas -- since we started it -- UNIDENTIFIED SPEAKER: Should I name names? MR. BURGESS: The Kiowas like to see the cemetery come around. They're talking about doing it on their budget. They were doing it like -- Roderick, were you the one who said that since we're doing it, we should get reimbursed or just hold that money from KCA? They're talking about that. Now, the Kiowas are saying let's go to KCA and tell them to reimburse us our costs. Well -- MR. ASEPERMY: Are we getting reimbursed? MR. BURGESS: No, we're doing it on our own. We love our people well enough. KCA doesn't have that much money. Regardless if you think they're getting a well, you never know if the well is going to hit and be producing anyway. MR. WHITEWOLF: What does KCA do? MR. BURGESS: That's another subject. But anyway, the Kiowas are talking about doing the same in their neighborhoods because they have a couple of cemeteries that they're going to make sure that their people are in. They like seeing -- of course, we have to pave the way, so we're paving the way. And Apaches, I don't know if they'll ever get there, but we're doing it. Yes? MR. CODOPONY: Mr. Chairman, my utility is eligible for FEMA reimbursement, so I'm pretty familiar with FEMA requirements. And one of the things I would suggest you take a look at in the language that you just read is that FEMA, they don't like in the policies when it says will pay 'X' amount in a disaster, because basically they interpret that as we'll only pay if FEMA comes to town. And so they like a set of prescribed circumstances. If there's this much debris on the ground -- and we actually have contracts that are similar to this and we call them storm rates and normal rates. But storm rates to kick in, there's a subscribed -- there's a prescribed set of circumstances for the contractors to collect storm rates. We used to have that language that said in a declared disaster, and FEMA said, well, who's going to declare it a disaster; and that means you're only going to implement this when we come to town, so you're taking advantage of the federal government. So we had to lay out those items. That's just a suggestion. MR. BURGESS: Thank you. Jim Siciliano here is our temporary employee to help us with disaster debris removal. And his six, seven years of experience with FEMA helped us to draft this. This is just our contract with that gentleman, Eddie. So he doesn't incur -- I mean, he incurs extra costs out of a contract that is set. This allows us to help him get reimbursed. MR. CODOPONY: I understand. I just wanted to pass along my experience, because we just turned in about $10 million worth of invoices for FEMA reimbursement. We're happy to have them by the way, very happy to have them. MR. BURGESS: Well, Jim here works for the tribe for the duration of our cleanup. MR. SICILIANO: Let me clarify. This isn't based been upon a FEMA declaration, it's based upon a local declaration. So what FEMA wants to see is that you just don't do it for a FEMA declaration. If you get a tornado through or a storm through that the federal government won't touch and this will kick in regardless of if it's a presidential declaration or not. As long as that's the case -- MR. BURGESS: As long as we declare that we can help them. MR. SICILIANO: Right. MR. BURGESS: Okay. Call for the question. MR. NARCOMEY: What we're boiling down to on this contract thing, the cemeteries, for six cemeteries we pay him $60,000. So, in other words, $10,000 per cemetery. Now, this other stuff they're talking about, I don't know about -- I don't understand that. I know that's too much money to pay for it because the Indian cemeteries, they're not that big. Now, if they're the same size as Highland Cemetery, it might be a different story. There's four or five months that you don't cut no grass. Lanny'd probably agree with me on that, because him and me, we cut our grasses to keep our lawn down all the time. How many months out of the year you don't cut your grass? MR. ASEPERMY: Well, he uses that time for other things: Fence repair, trimming trees, picking up debris, emptying trash. I mean -- MR. BURGESS: Does he help cover up some of the graves? MR. ASEPERMY: When they leave a mound of dirt. MR. BURGESS: That is work. MR. ASEPERMY: He stays busy. MR. BURGESS: You had a question, statement? UNIDENTIFIED SPEAKER: That was it. MR. BURGESS: Which one? UNIDENTIFIED SPEAKER: If he comes in and repairs the graves that have sunken. MR. BURGESS: Fills them in. Yes, okay. MR. ASEPERMY: Generally he does. MR. WHITEWOLF: Mike, who's this gentleman that he's talking about? MR. BURGESS: Mr. Jim Siciliano. MR. WHITEWOLF: What does he do? MR. BURGESS: He's here for short term to help us with our disaster debris removal and monitoring. MR. WHITEWOLF: Has he got a truck or something? MR. ASEPERMY: He's the coordinator. MR. BURGESS: He's going to be our coordinator. Once we hire our own person, he's going to be training them and monitoring them. MR. WHITEWOLF: How do we pay him? MR. BURGESS: He's a temporary employee. His salary is totally reimbursable by FEMA. MR. ASEPERMY: So it don't cost us nothing. MR. NELSON: There is one good thing that happened this morning. I got a guy there taking applications and doing interviews now, right? MR. SICILIANO: Yes, sir. MR. BURGESS: We estimate 40 to 60 people will be hired through all this debris from anywhere from 45 to possibly 90 days. And all of it's recouped from FEMA. Yes? UNIDENTIFIED SPEAKER: He's fixing and repairing all these cemeteries. What about the headstones that are sunk in that are falling? Like, for instance, at Deyo, there's a lot of the elders and the old ones that have fallen that hasn't been put up for years. MR. BURGESS: Bring that to the TA's attention, because Eddie comes and works with him on a regular basis. UNIDENTIFIED SPEAKER: He should know, it's our family. We have been out there, so I'm pretty sure y'all seen them all. MR. NELSON: There's one other program -- MR. BURGESS: That's the grave markers. MR. ASEPERMY: And there ain't nothing been done on that. MR. TIPPECONNIE: There's places that have no stones. MR. BURGESS: Get with Eddie on that, because if you want to have him make a list of all these head stones, Mr. Nelson, some of them may need repair. It's not that we can, but we can notify the family, and they can work with the funeral home to get some repairs if needed or stand them up or get better -- MR. NELSON: Start making an inventory? MR. BURGESS: Let's get inventory. You may need some help later on. Okay. Call for the question. MR. ASEPERMY: I forgot what it was. MR. BURGESS: Motion on Eddie Heminokeky. Approve Item 18, this contract. All those in favor signify by saying "aye". (Aye.) MR. BURGESS: All those opposed, same sign. All those abstain, same sign. Motion's passed. Ladies and gentleman, we've concluded our regular session of the resolutions. Before we go into executive session, Mrs. Wetselline, are you -- the discussion you have here on the princess, you requested that in executive session. MS. WETSELLINE: Yes. MR. BURGESS: Ladies and gentleman, thank you very much. We are going to go into -- MR. WHITEWOLF: Mike, before you adjourn, that Number 7, that Beth Giles, Moving Wall? What Moving Wall? MR. BURGESS: Mrs. Wabaunasee, is she here? Mrs. Wabaunasee is the president of the Indian Expo at Anadarko. Could you answer that question for us on the Moving Wall? Beth Giles brought that -- it's on the agenda, but she's not here. MR. ASEPERMY: Well, you have three reps here from the expo. MS. WABAUNASEE: I just want to say that I want to thank Mr. Nelson for putting us on the agenda. And on my committee, we have different ones that are -- have different jobs. Some are -- THE REPORTER: I can't hear her with them talking back there. MR. BURGESS: Her name is Lucy Wabaunasee. We're going to ask the audience to hold it down. Our stenographer can't catch all the names. Lucy, would you spell your last name for us, please? MS. WABAUNASEE: W-A-B-A-U- N-A-S-E-E. MR. BURGESS: And please address us with name and ID, roll number. MR. MORGAN: I'm Tom Morgan. I'm Pawnee, from Pawnee. I live in Oklahoma City. About a year-and-a-half ago I got myself involved with the American Indians Exposition. I'm the Pawnee director. And so we're coming up on our 79th year, will be August 2nd through the 7th in Anadarko, Caddo County. So we're always asking for funding, because we have no income. We are a 501(k) company, so we have to hit the various tribes, casinos, individuals and corporations, but we're always asking for funding. But this year, the American Indian Exposition has put in a request to be on the Moving Wall schedule. The Moving Wall is a one-half size replica of the Vietnam Veterans Memorial in Washington, D.C. It's on the Mall in Washington. Those of us that have seen it have been quite impressed by that memorial. There's 58,000 young American men and women who gave their lives in service to our country. So they put that wall there on the mall; and about 1982, some gentlemen, Vietnam veterans who saw that decided that, well, not everybody can go to Washington and see that. So they come up with the idea of a one-half size replica of it. And it's called the Moving Wall. It moves around the country. It's been on tour for over 20 years. It has never been to Caddo County, Anadarko, and it has never been sponsored by a Native American group. That's the American Indian Nation's position. We requested that we be put on the schedule. They said fine, you're approved. However, they don't do this for free. There's always a cost involved. We are constantly seeking ways to have some funding. And the cost of the wall is $4,500. Total cost of the event, being there, is $12,000. Because you have to have security, you have to have a platform, you have to have lighting, you have to have port-a-potties. All kinds of different expenses that total up about $12,000. We have to pay for the motel room for the people who bring the wall in on the truck. You have to feed these people, too. So we've been going around and asking various people -- and we've been doing our own fund raising, too. As soon as we leave here, we're going to Geary. The CNA's -- Cheyenne Arapahos are having a Moving Wall benefit dance today at Geary. And next Saturday, on the 10th, we're going to have another benefit powwow on April 10th in Carnegie at Red Buffalo Hall. So what we're trying to do right now is ask for some funding to help defray our expenses of $12,000. That's why we requested to be on the business council agenda today. MR. ASEPERMY: Tom, how many tribes are participants in the American Indian Expo? MR. MORGAN: I have that list right here. We have a total of 13 right now. They're the Kiowa, Apache, Arapaho, Cheyenne, Pawnee, Osage, Fort Sill Apache, Comanche, Delaware, Wichita, Ponca, Caddo, and Otoe. MR. ASEPERMY: Thirteen? MR. MORGAN: Thirteen. MR. ASEPERMY: If each tribe -- his request is for $11,915. And I've seen this Moving Wall in Farmington, New Mexico. It was just put up here in Lawton at the Elmer Thomas Park. We have two Numunuu on that wall: Robert Carlos Pahcheka, U.S. Marine Corps killed in action; and Russell Eugene "Rusty" Pesewonit, killed in action, 1966. We have two Kiowas on there: Pascal Cletus Poolaw, killed in action; and Donald Bear. So we do have two of our own, and four members of our KCA that are on that. And from seeing the real wall in Vietnam, the first time I went, I couldn't go down there. It was too much. When I went the second time, I took Russell Pesewonit, Robert Carlos, Pascal Poolaw, Donald Bear, Mac Williams -- my high school classmate, James McClure, Carlos Chavez who was killed in front of my eyes. It's very fitting. If all 13 tribes contributed, it'd be about $916 per tribe if they all contributed. MR. TOM NARCOMEY: Yes, yes. MR. ASEPERMY: It is a site to see. I don't know if there's any family members here from the Pesewonits; I don't know if there's any family members here from the Pahchekas, but their name will be etched in granite 1,000 years from now in their memory for making the supreme sacrifice. So we'll discuss this, I guess. MR. MORGAN: There's also a young Pawnee boy on there, Tommy Lee Littlesun. He's my first cousin. He was 20 years old when he died, February 16th, 1968. Killed in action in Vietnam, U.S. Marine Corps. And I did go up to the Pawnee Business Council and I asked for some funding for this. They have a cap limit on theirs of $300. But there's seven council members on the Pawnee Business Council; and four of those individuals gave $100 apiece out of their own pocket. So that's a total of $700 that we got from the Pawnee Tribe. This was in honor of our -- one of our Native sons, Tommy Lee Littlesun. That's my request to the business council. Help us out with the expo, if you can, help us out with the Moving Wall. Whatever you want to give, it will be greatly appreciated. Thank you. MR. BURGESS: Thank you, Tom. UNIDENTIFIED SPEAKER: I don't see why we can't give $900, because we gave 7,000 for the class rings, or game rings, basketball. MR. ASEPERMY: We didn't give 7,000, did we? UNIDENTIFIED SPEAKER: 7,500. It's in the paper. So I don't see why we can't give $900. MR. ASEPERMY: That's how much they collected at the powwow. 13,000 at the powwow. UNIDENTIFIED SPEAKER: No, they didn't. I don't see why we can't give $900 for something -- MR. ASEPERMY: Well, I agree with you. And I just -- MR. BURGESS: All right. Hold up, hold up. Yes? UNIDENTIFIED SPEAKER: The powwow did raise 13,000. MR. BURGESS: Correct. So, we gave an additional amount to help get the rings? Okay. We'll let you know our decision here. Comanche College charter, we were able to locate and print it out. The most important item that concerned us was the disposition of the college should it close down. That is up to all the people. Article 9 is on Page 6 of the charter. It reads: "Article 9, Section (a), Dissolution. The college may be dissolved by written resolution of the Comanche Business Committee either upon recommendation of the council or in its discretion" -- the CBC's discretion. "(b), Disposition of Assets: Upon dissolution of the college or the winding up of its affairs after payment or making provision for payment of the college's liabilities, the college's net assets shall be conveyed or distributed by the council in the following order: 1., to the Comanche Nation for educational, scientific or charitable purposes unless such distribution would be deemed a violation of rules governing such distribution by funding source of the Internal Revenue Service, or unless refused by resolution of the Comanche Business Committee." And then, Number 2., "To such an organization or organizations created or operated for charitable, educational, religious or scientific purposes shall, at the time, qualify as an exempt organization or organizations under Section 501(c)3 of the Internal Revenue Code or the corresponding provision of any future United States Internal Revenue law." So that tells you that the first word is -- I lost my word. First right of refusal is Comanche Nation's. Everything will come back to Comanche Nation or whatever we desire, and then the rest will go to another charitable group, according to IRS guidelines. That was one very important item that we desired to have changed. That's going to be acceptable to the council, because they agreed to it, barring suspension. But anyway, now it's back up on the table. We have the language. Gentlemen, is there any questions about it? Anymore interpretation we need? Mr. Burson and Mr. Norman are here. MR. ASEPERMY: I do. On Page 2, the Composition of the College Council. And this is in reference to Clyde cutting down the membership. My recommendation is that we make the council, take them from six members and a chairman to three members, the chairman and one CBC member, and that they live within the State of Oklahoma. We're paying people from Pennsylvania, Arizona, New Mexico, you know. My recommendation is three members appointed by the CBC, the chairman, and one CBC member selected by the CBC; and that the term not be for six years, but be for three years. MR. BURGESS: One of the reasons it was presented to us, this has already been reviewed by the higher learning commission and the council has recommended that we accept -- continue with that other than the changes we had in back. Because the higher learning commission has reviewed this and is going to question why we're changing that composition again. MR. ASEPERMY: The higher learning commission -- MR. BURGESS: They're the one's who provide accreditation. We're trying to get that. We can come back and change this after that. MR. ASEPERMY: And also I have a question about the contract, bonds, loans and checks. It says that the council has unlimited authority on contracts. Unlimited. MR. WHITEWOLF: You have to bond with people if you do that. MR. ASEPERMY: No, they have unlimited authority to do a contract for whatever amount they want. I don't agree with that. And, also on Article 8, that they are not personally liable for debts, obligations or liabilities incurred at the college. Well, if that's going to be true, then I think they should be bonded. Those are my observations. MR. BURGESS: I'm reading number one, Lanny, and it says no contract obligations shall be made in excess of the debilitated college to make the payment on the due date. That brings -- you can't borrow more than you can repay based on your budget and income. So that's a check right there that keeps a balance. Section 1, Contracts; Page 4, Bonds and Loans. MR. ASEPERMY: That's where I made my little note on Bonds and Loans on Page 4. MR. WHITEWOLF: If we supply the funding, why would they borrow any money? MR. BURGESS: Well, technically, if they reach -- let's say in one year's time they receive accreditation, they're off and running. Technically, we don't have to fund them anything after that because they're going to immediately receive about $4 million from the federal government, from the higher learning commission, which gives them that money from accredited institutions under BIA ruling. Total, they receive close to $4 million within a couple of months, because they received accreditation status. And then if we want to fund them, fine; if we don't want to fund them, we don't have to. MR. WHITEWOLF: They have to go a long way because they don't have any students now. MR. BURGESS: They reported over 230 students enrolled there. MR. ASEPERMY: That's what they reported. These are all students that are enrolled at Cameron that take their classes at the college. MR. BURGESS: They're dually enrolled. Both the college -- now, here's what happens. When they receive accreditation, any student who spent two years in a program at Comanche Nation College, whether it's native studies, sciences, something for two years, they receive an associate's degree. They're automatically eligible for it, no matter when they attended. Once accreditation is granted, they get their associate's degree. Now, after later on, if the college wants to grant bachelor's degrees, that's up to them. But it doesn't matter if you went the first year or the last two years before accreditation, you're recognized to have an associate's degree no matter when you attended once it received accreditation. MR. WHITEWOLF: If they haven't ever received accreditation in seven years and eight months, it doesn't look like they're going to do it -- well, they're not going to do it. MR. BURGESS: Well, I don't know. They're -- MR. ASEPERMY: There are 44 steps to accreditation, 44. They've completed 41 of them. There are three major things they have to do for accreditation. Number one, they have to have an interview by the accreditation court, which is more central. They have done that. Number two, they have to file a letter of intent. They did that a week ago Monday. And I agree it took them seven years and eight months to get that letter of intent. I mean, that's kind of a long time, isn't it? Hell, we won World War II in less time than that. Then once the letter of intent is brought in there, they have 12 to 24 months for a performance evaluation. Now, they have the performance evaluation, there's certain things they're required to have. If they have them, we're good to go. If they don't have them, we've got to wait another year. Accreditation could happen, could happen in the next 12 months, the next 24 months, or I don't know how long. Do we want to continue? I don't know. That's up to the people. MR. BURGESS: In the long run, it will be up to the people. We've only followed through with what we said we would do, help the college to accreditation. That's what I understood it to be when we first approved the resolution back in -- MR. ASEPERMY: August 2002. MR. BURGESS: 2002, and I voted against it, to tell you the truth right now. Now here's what's happening. In order for our college to receive accreditation, it has to have those professional -- put it this way, this is how they say it: Professional expertise sitting on the body to guide it along. Professional expertise means persons who have worked in the institutions, have their PhDs and doctorates, have produced work, whether it's books, reports, studies, scientific information on any field of education. We have currently six PhDs, all Comanche, sitting on that body. I should say five. Garrison Tahmahkera has a masters and served for many years in counseling college students. That is a high, high positive for the college to have these PhDs, all Comanches, same tribe sitting there. Of those five people, we no longer -- I should say the council no longer pays for the travel or pays for their spouses to come. The past administration, again, did all of that, set it up, high-falutin' attitude like it was a four-year university with unlimited funds. This council now understands the severity of financing, has those steps to reduce its expenses and its costs. The council members have been traveling here at their own expense, covering their own expenses for their rooms. MR. ASEPERMY: Is that just recently? MR. BURGESS: In that past year I was told. MR. ASEPERMY: As of May of last year, they weren't. They were getting paid for it. MR. BURGESS: Since I became, you know -- and we have only got this on here. Now, this has already been reviewed by the higher learning commission. To change any of this now hinders their achieving. And if we're going to help them, let's help them. I mean, let the people decide. That comes up in May. Let the people decide. Because we have been elected to follow the majority's desire. That's what we're doing. They're on the ballot, they've been funded up until September/October of this year. The people get to decide on the ballot, that's where it belongs. Eighty percent of the people voted it in last year. 76, 78 the previous year. And I regret, we all do. The administration they had didn't do their job. The council said that. They were entrusted to believe in this man, this man and his people, and it didn't happen. Is that your fault, is that ours? No. This lady who's here now has gotten us to this point. There's only one section on this report that is not completed. She's got a status report for all of the college procedure updates. Only one step that is in question, and one of those is personnel policies, holidays, they have to make a decision. Research, criminal conduct. Criminal conduct, they're in process. In process, vehicle use. All of these procedures have to be in place and approved by the council. And a majority of them are -- wow, this report is updated. So this is an older one, too. They've got a lot of things -- they've completed all of this right here, and this is the policy. Transfer of credits, all of that's been written and done. They're closer now than Winkleman ever had. I'll say his name. MR. ASEPERMY: I will say this: That since they got rid of Mr. Winkleman and brought Consuelo Lopez aboard, at the time of her appointment, they had completed 18 of the 41 tasks. This was in a four-year period. Well, actually you can go back out, four-year period. Since she's come aboard, 41 of those tasks have been completed. And I didn't see that before, Mike. But still again, you know, you talk about we had these PhDs, these educated people that are Comanche. Did they mind the store? I don't know. I have my opinion. I'll keep it to myself. MR. WHITEWOLF: Mrs. Harris admitted that she didn't. She got duped. MR. BURGESS: I was there for seven, eight months. The body met twice in the time I was there, but there was -- the college was receiving directions from the chairman over here on a regular basis and the TA at that time. I can say that. That's first-hand knowledge. UNIDENTIFIED SPEAKER: Yeah, but those two are all over, meaning the casino, the funeral home, they were all over, you know. MR. BURGESS: Operating without -- I don't know if they had consensus of this body to make decisions or not. And the thing -- the thing we've done is, they've been created to be educated of this political intrusion, that's what it's viewed as. If we continuously override the council and what they're doing, the word politics is played into it. The board of regents at OU is appointed by the politicians and that's supposed to be a wall that separates them. If there's anything going on at the college, the board of regents is supposed to hear and take care of it. If they don't do it, then you get replaced. The council knew this, they replaced Winkleman, they got a person in there who's gone through this at some other college before and knew these steps. In less than 24 months, you go from 14 to 41 completed steps. That's a milestone for the Comanche College. UNIDENTIFIED SPEAKER: But the one thing is, it's the Comanche College and we don't have no Comanche to run the college that is Comanche; or if we have Comanche, they're running it and then screwed us up. MR. BURGESS: We had one, but there was a squeeze on, so he left. MR. ASEPERMY: There was another -- amongst the applicant, besides Consuelo Lopez, there was a Numunuu from Illinois that, in the opinion of the council, didn't have the qualifications of Mrs. Lopez. And he wasn't satisfied with the salary range, so he took himself out of consideration for that position. There was only one Comanche that applied. UNIDENTIFIED SPEAKER: It was all about money for him. MR. ASEPERMY: I can't say. MR. BURGESS: It's hard to say. But if you're a professor at a college and you've been there five years or more and you receive what's called tenure, you almost have a lifetime job. You can't lose tenure unless you just absolutely are a bad, filthy person. And so to leave tenure and come to work for a start-up institution and have -- and know -- I mean, we could ask the questions, and by the answers that man would know what kind of problems we had, I'm assuming. And we had a gentleman already come from KU, gave his tenure up because he thought he was going to help the college and all that and then got squeezed out. So, you know, it's a big question mark. And if you know the right questions to ask and you know what the answer should be, if they aren't forthcoming, then why leave tenure when you have a lifetime job. And you might be making 75 to $100,000 a year there for the rest of your life and more. MR. ASEPERMY: I call for the question. MR. NARCOMEY: So, Lanny, how much money have we put down the college hole? MR. ASEPERMY: The way I calculate it from August 2002 to approximately this fiscal year, approximately $9.3 million. If you add the 1.8 that is on the current budget, that will jack it up to 10 million or 11.1 million. MR. BURGESS: To not approve this is to tell the college they'll never get accreditation. And don't we want them to get accreditation so they can get off of our budget? There's $4 million available within 90 days. MR. ASEPERMY: Well, I don't know about that. MR. WHITEWOLF: Really, how stupid can Comanches be, if they was to vote $9.1 million down the black hole? I mean, you got to be realistic. MR. BURGESS: Let the people decide. UNIDENTIFIED SPEAKER: But who's going to present it to them to maybe where the old people understand it, to explain it? You know what I'm saying? MR. BURGESS: Muscogee Creek College working with Oklahoma State University is close to accreditation. There's already two colleges going. Now remember this: Oklahoma State University, they have a separate board of regents. Over here, this Cameron College is under OU'S board of regents. Cameron College, when it first started with us, they used to transfer some of the monies from tuition and fees back to the Comanche Nation College. Somewhere in the past three years, the last year of Winkleman's position, they stopped doing that. Why? We don't know. Why? We were never told. That used to help the college so it wasn't so bereft, it wasn't hard up for money, because they were getting that tuition. As soon as this college gets its initial accreditation, they receive all of the money for tuition. The students will get all of their Pell grants through the college, and the college gets to collect administrative fees on top of the grants available to it. That's probably going to be another $2 million. In spite of someone here telling you that we can't pay for the tuition and scholarships at Comanche Nation because it's not accredited, it is accredited under Cameron's continued MOU. It should be receiving that money, but Cameron will not pass it over. Why? The board of regents at OU won't help them. But yet we got two schools, Pawnee and Muscogee Creek Nation, and Oklahoma State University is bending over backwards to help them get established as independent institutions. So think of the politics on that. It's not just because our administration was bad, it's also because we faced loggerheads with Cameron University. So, ladies and gentlemen, we're going to call for the question on this and this is what the college needs. MR. ASEPERMY: Let's get the motion. MR. BURGESS: Motion to approve this college council charter with that amendment. MR. TIPPECONNIE: Yeah, with the amendment. MR. BURGESS: I made the motion. MR. TIPPECONNIE: You made the motion? MR. KOSECHEQUETAH: I'll second the motion. MR. BURGESS: A second by Mr. Kosechequetah. MR. ASEPERMY: By voice vote? MR. BURGESS: Roll call vote. This is on Resolution 36-10. I made that. Mr. Burgess, here, has made the motion. Second by Mr. Darrell Kosechequetah. Request for roll call vote. MR. TIPPECONNIE: Okay. MR. BURGESS: Mr. Secretary/ Treasurer? MR. TIPPECONNIE: Michael Burgess? MR. BURGESS: Aye. MR. TIPPECONNIE: Robert Tippeconnie. Aye. Lanny Asepermy? MR. ASEPERMY: No. MR. TIPPECONNIE: Darrell Kosechequetah? MR. KOSECHEQUETAH: Aye. MR. TIPPECONNIE: Clyde Narcomey MR. NARCOMEY: (Indicates) no. MR. TIPPECONNIE: No? MR. BURGESS: Motion passes. Resolution passes, I guess, is what I should say. MR. TIPPECONNIE: Resolution. Yes, resolution. MR. BURGESS: That doesn't mean, guys, after talking with the council, we can come back and talk to them about those other amendments. MR. ASEPERMY: I understand that. MR. BURGESS: I agree. There has to be some checks and balances. Let's get them off of our dime. MR. THOMAS NARCOMEY: I guess it's public, that economic meeting Thursday at 3 o'clock on April the 8th? Is that public? MR. BURGESS: That's with the CBC and economic development commission? Is that what you're referring to? I don't know if we put it there, but we're trying to meet on Thursday. Yes. UNIDENTIFIED SPEAKER: Is it public? MR. ASEPERMY: Well, I think -- Gabby, is that going to be closed because of the sensitivity? MR. BURGESS: It's sensitive. We need to have it closed, really. UNIDENTIFIED SPEAKER: Well, when are we going to hear about it? MR. ASEPERMY: You'll get the results after we discuss. MR. BURGESS: You'll probably get them from somebody after the meetings. Somebody's going to call somebody. UNIDENTIFIED SPEAKER: Text. MR. BURGESS: We're going to go into executive session at this time. I want to say thank you to everybody. I think that's all, isn't it Bob? (Executive session commenced at 2:51 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 April 3, 2010, in the State of Oklahoma; that I am not an attorney for nor a relative of any said parties, or otherwise interested in the event of said action. IN WITNESS WHEREOF, I have hereunto set hereunto set my hand and seal of office on this the 27th day of April, 2010. __________________________ Kelly Stoabs Certified Shorthand Reporter for the State of Oklahoma S E C R E T A R Y ' S C E R T I F I C A T E I, Robert Tippeconnie, Secretary- Treasurer of Comanche Nation Business Committee, certify that the above is a true and correct transcript of a meeting of CBC Members held at 10:43 a.m. on April 3, 2010, and that the meeting was duly called and held in all respects in accordance with the charters and bylaws of the Comanche Nation and that a quorum was present. I further certify that the votes and resolutions of the CBC Members of Comanche Nation at the meeting are operative and in full force and effect and have not been annulled or modified by any vote or resolution passed or adopted by the CBC since that meeting. Signed:_________________________ Date:____________ Robert Tippeconnie Secretary-Treasurer 4