The Rundown...
- Friday December 4, 2009 - With much public anticipation and the tribal
finances looming in the minds of everyone, the regularly scheduled monthly
meeting for December was called to order. Starting off the agenda was the
Financial Report. The tribal council informed the membership there was no
formal reports and at this time they are still sifting through the mess the
previous administration left behind. There are stacks of unopened mail
sitting on the Tribal Treasurer’s desk from three years ago. There have
been no state taxes paid since March. Also the 2007 W2’s have not yet
been received, which had been ignored by the previous tribal treasurer (B.
Lemieux), of which, there is a penalty fee totaling $37,000. The 2008 audit is
still ongoing and happening, so far the accumulative deficit is roughly $1.7
million. Tribal membership expressed frustration and concern over our tribal
financial status which directly disqualifies us from federal grants and
stimulus monies, Also raising membership concern is the ongoing bleeding
of monies from our general account. Tribal members wanted to know,
“where are these monies going?” Chairman Wiggins explained, we are in a
very precarious situation. Quite obviously there has been neglect in job
duties and we are experiencing a “hangover effect” from the previous
administration. It is very frustrating. Membership wanted to know what the
council was doing about this or what can be done? Chairman Wiggins stated
an investigative approach to our accounting department isn’t going to be top
priority so much as getting our accounting department up and running,
Identifying and formulating a plan of action and the transition to the new MIP
accounting software, all of which, is going to take quite some time. Tribal
members argued that in order to get the accounting department up and
running we need to identify the past mistakes and wrongdoings so we can fix
these problem areas head on and effectively stop the continuous bleeding
from the general account. Chairman Wiggins explained, we are still “purging
(Don) Wilkes' ghost” but with so much to do “we don’t have the luxury to
investigate the ’05, ’06, ’07 audits“. In closing Chairman Wiggins also
mentioned, the tribe still needs to hire a new accounting manager and he will
be meeting Friday to discuss our accounting department. Tribal membership
stated the people are getting restless and at the very least, they are looking
for “fast accounting” maybe a short monthly summary for
expenditure/revenue. Something the council could show the community to let
the people know how we are doing financially. There was no financial report
from the casino this month. Membership asked why and no good reason was
given. A somewhat heated off-topic discussion ensued in regard to the
current Casino Promo. Financial Reports for the month of December were
tabled. There was some discrepancies with Tribal Secretary, Loretta Ford’s
interpretation of last month’s minutes which were revisited and corrected.
Tribal membership asked what is the tribal policy on obtaining a personal
copy of approved minutes. The tribal membership was directed to go see
Barb Smart to obtain their own personal copy of approved minutes.
Questions were also brought up concerning the numerous boards for the
various tribal programs regarding communication between them and the
Tribal Council. Membership stated there are a number of missing resolutions
and new policies and procedures that have been passed by council, some
of the current by-laws that are currently being practiced by these boards
may be in direct conflict with the new ones. Which ones are being followed?
Which ones are the right ones? Chairman Wiggins stated he will be meeting
with the board heads and be requiring them to keep in direct communication
with the council. Council will be reviewing the by-laws, policies and
procedures, redefining them, enforcing them, and keeping them
accountable to once they are in place. No monthly reports were given at
Wednesday’s meeting. Membership raised concerns about keeping and
presenting formal written reports at these meetings. Council was questioned
as to which department didn’t hand in their monthly reports? Will they even
be forced to give their reports? Chairman Wiggins stated he is now chairing
bi-weekly departmental meetings where department heads give verbal
summaries of work performed, performance issues, etc. The entire Tribal
Council must attend one of these departmental meetings once a month, as a
whole. The first meeting will be an overview, the second meeting is reserved
for unfinished business carried over from the first meeting. These meetings
will keep everyone in the loop and be used as an open format for direct
interfacing between the tribal council and the various departments.
Chairman Wiggins further stated these bi-weekly departmental meetings will
not be in lieu of the usual written monthly reports. Tribal members asked the
council why the community’s five minute sessions were not on the agenda.
Tribal council stated it was to help move things along because last month’s
meeting didn’t conclude until 1:30am. There was a motion to add the
community's five minute sessions to the agenda, motion passed. Also added
to the agenda was some casino business reserved for executive Session.
During the five minute sessions, membership asked the council why the tax
litigation strategy was being presented in executive session. Membership
argued the community is starved for information. We are state tax exempt,
we want compensation, our rights have been violated, and we have a right
to recoup. Chairman Wiggins stated that this is a unique situation as there
are citizens of the media present and this isn’t something we as a tribe really
want to put out on the world wide web as general knowledge. Chairman
Wiggins invited tribal attorney, Eric Arnold, to explain the reasoning.
Attorney Arnold explained there are presently four tribes in litigation. There
are obvious changes in negotiation. They will be discussing the
strengths/weaknesses of our case, and possible approaches on dealing with
the state. So in other words, it is in the tribe’s best interest not to give away
too much information that may get back to the state. Attorney Arnold further
stated, back in 2006, he advised the ex-chairman not to negotiate with the
state, his reasoning was, we are a sovereign nation and we shouldn’t pay
the taxes (The council did unfortunately pay those taxes). Also during
the five minutes, Gina Secord questioned what was going on with the wage
increases (AARA Funding) for Headstart employees. Tribal Treasurer, Etta
Burns, said she had turned in all the necessary paperwork to payroll but she
doesn’t know what happened to them after that. After several minutes of
finger pointing, Bonnie Greene admitted she had them but was unsure what
to do with it because (Don) Wilkes and the previous administration felt it was
“unfair” to only give Headstart employees raises. Membership reminded the
council it is federal grant money that can only be used for the Headstart
wage increases and nothing else. It was further argued it is also the
department head’s duty to follow direct orders set forth by the council.
Membership also questioned why she would hold onto one thing and let
another thing go through (departing package). Motion passed to increase
Headstart COLAs. Chairman Wiggins mentioned their will be wage scale
adjustment (as a tribe) discussions on Friday. He also stated he is
prioritizing the pockets that actually need money (lower end of wage
scale). There was a brief statement about the monies taken by the
departing figures. Council also passed a motion to extend the three board
members of the Repatriation Committee whose five year terms were up
(Sylvia Cloud, Donna Lynk, Pat Mayotte). The council also advised the
committee to narrow the remaining candidate spectrum down to three in
regards to the remaining vacant seat on the committee and bring it back to
council for review. Council also approved a part time pharmacist. Chairman
Wiggins stated this position is a very crucial part in the upcoming
pharmacy/clinic expansion. Deb Tutor also presented two possible
contractors for our medical billing service. Sr. Council Member, Frank
Connors, stated there wasn’t enough information to make a decision and
mentioned the tribe's procurement procedure. Tribal Attorney, Eric Arnold,
advised the tribe to follow the RFP procurement protocol as it deals with IHS
monies. Council directed Deb Tutor to follow the proper protocol and also
suggested she make contact with Red Cliff as they may be interested in
working with us. Deb Tutor also mentioned Dr. Ferrer has been asking
about his car the prior administration had promised him in his contract. The
council reviewed Dr. Ferrer’s contract which was approved by a private poll
vote on Oct. 8, 2009. The contract was drafted by Susan Aassen (ex-tribal
atty), Butch Lemieux (ex-treasurer), Eugene Bigboy (ex-chair), and Mary
Bigboy (health director). According to the documentation, the tribe pays
for both doctors insurance and one car has already been made available to
Dr. Lucas. The tribe also pays for their lodging during their stay.
Membership stated our people are being treated in a mobile home and now
we’re buying cars for doctors? Tribal council was advised by tribal attorney
the contract is not valid until it has been ratified. If it isn’t ratified, then
technically there’s no contract. Membership brought up that maybe we found
a way to combat these secret poll votes from the prior administration.
Chairman Wiggins stated upon the advisement of our tribal attorney and in
light of our debt, perhaps we can appeal to the doctor’s sensibilities and ask
them how much are they really committed on being a part of our tribal health
care system. Motion was passed to put both doctor's contracts under review.
It was another long meeting as the council met until the wee morning hours.
You may view the entire agenda for December’s meeting by clicking here
