The Rundown...
       The Bad River Tribal Council Regular Meeting - February 3, 2010, was held
    at the new Housing Office in the Community Room. Roll call was taken.
    Except for Mike Wiggins, Jr., Tribal Chairman, all other Council Members
    were present. Peter Lemieux, Vice Chairman stated that Mike Wiggins, Jr.
    was excused. Peter Lemieux opened the meeting. After a Moment of Silence,
    Etta Burns, Treasurer, began to present the Financial Reports. The
    Enterprise December 2009 financial report was read as follows:
                                         
                                         ACCOUNTING;       -$ 41,319.92
                                         FOOD:                    -$ 29,577.19
                                         SHUTTLE:               -$  8,387.39
                                         SMOKE SHOP:       +$  6,698.77
                                         LODGE:                  -$ 28,019.40
                                         CASINO:                 -$ 32,132.31
              
                        TOTAL CASINO COMPLEX NET PROFIT/NET LOSS:  
                                                  -$133,143.34 (LOSS)  

      There were questions raised about the monthly loss from the only source
    that has been able to support all other Tribal operations. Usually the
    Members hear that the Casino had transferred amounts ranging up to over
    $68,000 a month. Questions were raised about the reason for the loss & if
    there were other months in which the Casino suffered losses. It was
    acknowledged that the winter months are usually the slowest so the revenue
    is down. Question was asked as to when & why there has not been a monthly
    Casino Meeting. Members were told that the Chairman stated he will be
    scheduling one soon.

                                        WATER & SEWER:  -$  32,872.14
                                         RECYCLING:           -$  23,813.51
                                         DAY CARE:             -$ 10,485.04
                                         IGA STORE:            -$ 19,854.64
                                         GAS STATION:        -$     887.23
           
                 TOTAL ENTERPRISES NET PROFIT/LOSS FOR DECEMBER 2009:
                                                           -$221,005.90   LOSS

       
       
     The Council accepted the Enterprises December financial report.

      
      The Treasurer noted that the financial report from the General Account was
    not  accurate & requested that this report be tabled until the next scheduled
    meeting & Council so acted.

      Next item on the agenda was the Minutes. It was impossible to understand
    what  the Council was talking about amongst themselves as there were no
    microphones & at times the Acting Chair (Peter Lemieux) was inaudible. Its
    unsure what, if any minutes were approved. The Council reads the minutes
    to themselves as opposed to the past practice of publicly posting the
    minutes for corrections prior to the meeting & having them read aloud.

      The Council then reviewed the Monthly Reports from the Department
    Heads. The agenda was approved as posted with the deletion of #5 AIM
    Contract with Deb Tutor. It was changed to include a Resolution for a Cultural
    Preservation Grant & to add discussion of Tribal Council meeting locations.
    Executive Session approved to include job selections (2) & a letter for the
    Council. Tribal Member requested that each job selection in executive
    session should give notice as to which job is being selected.

                                                 
5 MINUTE SESSION:

    1.   Tribal Member Patti Lemieux, brought some issues to the Council:
    She wanted to know why the Tribe is holding vouchers. She said that the
    stacks of boxes containing vouchers were starting to get paid & was being
    whittled down & now its accumulating, with boxes stacked around one of the
    Accounting staff’s desk besides being piled in the Accounting Specialist's
    office. Other Members questioned why the vouchers aren’t being paid as
    some are individuals’ medical bills. After a heated discussion as to the
    reason why the vouchers are not getting paid, the process was somewhat
    explained. Patti Lemieux stated she prepares the vouchers & gives them to
    the Treasurer. Etta Burns, Treasurer stated that she signs the checks and
    gives them to the Accounting Specialist (Acting) & doesn’t know why they are
    not sent out. Request for Treasurer to look into where the holdup is & report
    back Patti Lemieux also asked if the Council was aware of the reasons, the
    what & why the delay in payroll reconciliations & the hold up in the FY2008
    Audit. Another heated discussion ensued. Patti Lemieux was told by the
    Treasurer that she (Patti) didn’t want to go there. There was mention of a
    letter that the Council will be reviewing in Executive Session. Patti Lemieux
    was reminded she was an employee & must conduct herself as such. Patti L.
    also questioned why the Treasurer was working on a Sunday & who gave her
    access to the password to get into the accounting system. The Treasurer
    indicated that Willie Lucus gave her the password & she was asked to come
    into work to help in getting reports completed. The Treasurer asked the
    Council if they really wanted to go there, in open session; that they could
    read the letter now. Peter Lemieux intervened as Patti continued to, with
    raised voice, ask why the Treasurer was working on the week-end. Patti
    Lemieux then questioned what was said at the December Council meeting
    because she is hearing rumors that her brother, Bernard Lemieux (past
    Treasurer) had stole money from the Tribe. She wanted to make it clear that
    he didn’t steal anything. She accused the newly elected Treasurer of
    performing a forensic audit of his payroll. She further stated that he received
    $5,000.00 that was due to him. She was told that it was Mike Wiggins, Jr. that
    brought the issue forward & unfortunately he was not at the meeting.

    2.   Brenda Whitebird Councillor, Tribal Member read the following memo
    requesting a historical accounting of the Casino Enterprise:
    (Mike Wiggins, Tribal Chairman arrived sometime during Brenda's
    presentation & takes over chairing the meeting)

    3.   Tribal Member, Sandy Deragon read a formal request to allow time on the
    March meeting agenda for the Tribal Attorney to discuss Open Meeting vs.
    Executive Session material as it seems most Council Members are struggling
    with transparency issues that need to be addressed:  

    4.   Terry Verville, Tribal Member asked about the in-house posting for the
    Accounting Specialist position as she knows of someone that may be
    interested if it is posted. She also expressed concern that the 1099s have
    not been sent out yet for the community members.  

    5.   Jan Madosh-Smart, Tribal Member requested information regarding the
    Elderly Casino Day (monthly). She was requesting when the event started;
    how many participate; when it started to include non-Tribal Members; the # of
    Tribal Elders; the # of non-Tribal Elders; the costs reflective of both the
    Tribal Elders & non-Tribal Elders as it was pointed out that the Tribe already
    has budget issues & it is a Tribal right given to Tribal Elders deriving from
    Tribal revenue. A resolution from the Bigboy Administration concerning this
    was mentioned. Chairman Wiggins said he would direct Brian Mayotte,
    Gaming Manager to research & answer these questions.

    6.   Tom Deragon, Sr., Tribal Member asked if the Tribe had a budget. The
    answer is not yet. The Indirect Cost Rate has yet to be established & will
    have an effect on the budget.

    7.   Edith Leoso, Tribal Member commented on the initial Indirect Cost (IDC)
    budget that had funded the Tribal Chairman’s salary @ 50% as well as the
    Tribal Treasurer. Tribal funds now pay for 100% of the Treasurer’s salary.
    There was discussion & concern regarding the apparent high costs of
    Administration & the IDC. The FY 2007 audit had shown a deficit of over
    $700,000 & the General Account had a deficit of over $600,000. Questions
    were raised concerning how the IDC personnel account for these huge
    deficits & if the salary increases given to each followed the Personnel
    Policies & Procedures. Chairman Wiggins said all this will be looked at.

    8.   Sam Livingston, Tribal Member commented that there were discipline
    problems in Tribal Departments. He asked how the Council would make them
    accountable. Discussion on following Personnel Policies & Procedures
    ensued.

    9.   Deb Wolf, Tribal Member, again requested help for her elderly father. He
    has had problems with the underground pipes that were put in when the
    home was built.  The homeowner had a contractor over & he said he needed
    to turn off the water to fix the pipes that were causing the trouble. Roots
    were determined to be the problem growing in the pipes. If the water is not
    turned off, the homeowner, as well as all residents living at & near the
    compound risked being flooded out. The problem has been months long &
    poses a health threat as sewage is backing up. Water & Sewer Director, Jim
    Lemieux said its not his Department’s problem & will not shut off the water
    valve. Peter Lemieux, Vice-Chair immediately interjected that he spoke with
    the contractor & he said there are no broken pipes; it’s a problem with the
    house, a homeowner’s problem. Chairman Wiggins said he didn’t see this as
    a Tribal Council issue but is an Executive Director concern. Terry Verville
    said that Housing looked into the matter & found that roots were the
    problem. Chairman Wiggins said he will direct Water & Sewer to check again.
    Deb Wolf again expressed her concern because of the health risks for her
    elderly father. Chairman Wiggins said he would get Jim Lemieux to do
    something soon.

    10.   Tribal Member asked about the fraudulent checks cashed at the IGA
    Store. Treasurer Etta Burns said they haven’t heard anything since January
    (2010).

                                                    REGULAR SESSION:

    1.    PILOT PROJECT RESOLUTION & MOU - Presentation by Terry Verville:  A
    grant for “Seven Journeys Forward” project to promote growth &
    development for identified families through training & workshops. Council
    passed resolution for ANA grant application.

    2.   HOUSING BOARD VACANCIES SELECTION - Bob Houle, Interim Housing
    Director. Chairman Wiggins announced that Bob Houle was hired as the  
    Human Resource Manager & will begin as such on Monday, February 8th.
    Bob Houle presented individual folders of information of the eligible
    candidates. The Council read the names out loud: Gerald White, Sr., Carla
    Rufus, Carole Kraft, Angela Houle,Darla O’Claire, Frank Connors, Jr.
    Bob Houle explained that the Tribal Council passed a Resolution concerning
    how Board Members are to be selected to represent the various Tribal
    locations. One of the vacancies had to be filled by a resident of New Odanah.
    Three candidates were from New Odanah: Carla Rufus, Angela Houle, Darla O’
    Claire. As the Council passed out slips to themselves, a Tribal Member
    raised issue concerning Frank Connors, Jr. voting because he is a
    candidate. Frank returned his slip of paper. There was discussion
    concerning fair representation as there is already a designated Tribal
    Council Member appointed to the Board & the Chairman is an ex officio of all
    Boards. Clarification was requested by a Tribal Member as to the wording of
    what the Board consists of. Chairman Wiggins said it states that “One
    member of the Tribal Council” & there was not any wording to imply “at least”
    & with that he felt it eliminated Frank Connors, Jr. The Council then voted.
    Angela Houle was appointed by majority vote of the Council. The “at large”
    vacancy was voted upon with all candidates, except Frank Connors, Jr.
    considered. Again by secret ballot, the Council selected Carole Kraft.

    3.   401k PLAN DISCUSSION - Denise Gilles/Erick Arnold  It was explained by
    Chairman Wiggins that it will cost the Tribe $50,000 to implement the current
    plan for basically 2 employees. It will cost $32,000 to implement a
    replacement plan. The Tribe will no longer administer the plan. Bonita
    Greene said it will cost $25,000 to complete an audit of the Tribe’s 401k Plan
    & that it was never audited. Some discussion on starting to charge the
    employee fifty cents for each payroll deduction. An employee present stated
    that Accounting was already charging this. Council Member & Acting
    Accounting Specialist argued that they (Accounting) wasn't doing this
    (charging fifty cents per payroll deduction). The employee said she has her
    paycheck stub that shows the charge. Chairman Wiggins said it was
    something she could take care of by discussing it in the office. Motion to
    terminate the 401k Plan was passed. Further discussion to keep American
    Funds as there will be no start up costs. The participants will have options to
    decide.

    4.   DEMONSTRATION GRANTS FOR INDIAN CHILDREN - Hope Miller presented
    a resolution for a grant application to offer optional Summer Head Start. She
    said that it has been identified that our Native students are entering school
    already behind phonically which negatively affects reading skills. Chairman
    Wiggins said he had concerns that not enough was budgeted for health
    insurance fringe and Indirect Cost. Hope stated this wasn’t a problem. She
    would meet with the Tribe’s insurance personnel & there was room to modify
    the budget amounts. Tribal Council passed the
    resolution.

    5.   RESOLUTION FOR CULTURAL PRESERVATION GRANT - Edith Leoso
    presented a resolution for a Natural Parks Service Grant application to fund
    one half time position of a Research Coordinator to complete work on
    identification of burial sites & historical sites on the reservation such as the
    2 homes (Pam Stone’s & Marianne Whitebird’s) that she identified as possibly
    getting  listed on the National Registry as a historical site. Council passed
    the resolution.

    6.   TRIBAL COUNCIL MEETING LOCATIONS: A very short, two minute
    discussion about changing the location of Council meetings. Members said  
    that meetings were held in New Odanah because it was centrally located &
    most easily accessible. It was mentioned that if the intent of getting
    Members involved by coming to meetings, the Casino conference room
    would be most ideal because of the room & the transportation problems
    solved with the frequent bus stops. Members complained that some of these
    locations, have some major drawbacks, such as the Housing Office with the
    echoing sound and no microphones, making it difficult to hear all of what’s
    being said. With that said, Chairman Wiggins asked a Member in the
    audience why he came to tonight’s meeting.The Member replied that it was
    because he was just being nosey. As the Treasurer started to speak,
    Chairman Wiggins spoke over her & before the people said it didn’t matter.
    He continued saying, “I’m the Chairman. I get the $100 stipend. I get to say
    where the meeting is!” Motion was made, seconded & passed to go into
    Executive Session.

When you are in
doubt, be still, and
wait;
when doubt no
longer exists for
you, then go
forward with
courage.
So long as mists
envelop you, be
still;
be still until the
sunlight pours
through and
dispels the mists,
as it surely will.
Then act with
courage.
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BAD RIVER ANISHINABE
NEWS
Sunday February 7, 2010 - Due to an employment
commitment, I was unable to attend Wednesday's tribal
council meeting. This month's issue of "The Rundown"
has been prepared by Sandy Deragon. We would like
to thank Sandy for her contribution and continuous
support. Miigwetch Sandy - Webmaster @ BRANews