The Rundown...(February)
      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.

    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 -
                                                                                          
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