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We hope you like the new look of our web site; we are very proud of it. We do realize, however, that some things are in different places, so here is a guide of where to look:
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Look here for basic information about our various departments, services, and government. This includes links to pages containing application forms for services, descriptions of programs, contact information for tribal government and staff, and archives of major documents as well as minutes of Council and Trust Board meetings (on the Meetings and Minutes page under Tribal Government).
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Scrolling news with the very latest announcements, including closings and meeting changes.
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Look here for ongoing news stories, announcements, and various other information.
News and Events has regular posts of tribal business, as well as news of general interest to our membership. Our Community has more local stories concerning events and accomplishments of our tribal members. But check both regularly if you want to keep up to date with the Tribe!
Culture and Language is a set of pages describing the history and culture of the Tribe, mostly created by members of the Tribe’s Cultural Preservation Committee as well as Language Revitalization, Historic Preservation, and Tribal Archives programs. This section will be undergoing extensive expansion during the coming months, so be sure to check it out.
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Another place to look for some of the most important and relevant stories on the site.
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Click on these buttons for videos of Tribal Council, Trust Board, and other meetings and events; instructions for how to update your current address to make sure you receive the tribal newspaper, election ballots, and information on the Tribe’s available services; The Chief Speaks (an archive of communications from the Chief to tribal members and others); and a list of “Lost Delawares” (those for whom we may have obsolete addresses, check it for yourself and your family to make sure our Enrollment Office is up to date with your contact info).
There is also an online gift shop and a page where you can provide online donations for specific programs.
Don’t Forget Information at the Bottom of the Page
Did you know that the Tribe has a Facebook page? Click the Find Us on Facebook button to get there. Also note the contact information for tribal headquarters and other locations, ongoing Events calendar, and other useful information including current menus for our Elder Nutrition program and other helpful links for local tribal members.
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Any comments or suggestions are welcome; email them to the Webmaster, Greg Brown, at gbrown@delawaretribe.org.
Proposed Trust Board Document
Proposed Revised Trust Document of the Delaware Tribe of Indians
WHEREAS, The Delaware Tribe maintained a governing Council before and after the Tribe’s moving to Indian Territory in 1867-89, and:
WHEREAS, In September 1990 The Delaware Tribe of Indians were not on the list of federally recognized tribes possessing governmental powers, and
WHEREAS, The Delaware Tribal members approved the original Trust Document of the Delaware Tribe of Indians to establish an entity to which the BIA would release Delaware judgment funds for management and indirectly support the Delaware Tribal Government, and
WHEREAS, In 2009 The Delaware Tribe of Indians reacquired their federal recognition status as a functioning government and,
WHEREAS, The Delaware Tribal Council is the governing body of the Delaware Tribe of Indians, the Constitution of the Delaware Tribe of Indians is the governing document of the Delaware Tribe, and
WHEREAS, We, the Delaware Tribe of Indians, a/k/a LENAPE, associated with the Cherokee Nation in accordance with Article II of the Delaware Agreement, dated April 8, 1867, in order to preserve our Delaware organization, and;
WHEREAS, as it had become expedient and necessary for the release of the 10% Judgment Funds provided for in the Act of Congress dated October 3, 1972, P.L. 92-456, 86 Stat. 762, 25 U.S.C. § 1294(b}, and;
WHEREAS, both the Cherokee Nation and the Secretary of the Interior have committed themselves to the fact that the Cherokee Nation will not interfere with or be called upon to approve, administer or oversee the administration, purpose, or use of such funds, and;
NOW THEREFORE BE IT RESOLVED, the following Document of the Delaware Tribe of Indians is hereby declared to be the formal expression of the procedure to administer the judgment funds of the Delaware Tribe of Indians appropriated by the Act of December 26, 1969 (83 Stat. 447, 453) (unclassified), to pay a judgment in favor of the Delaware Tribe of Indians in Docket 298, and in Docket 72, together with any interest thereon in the above referenced Act of Congress, dated October 3, 1972.
THEREFORE BE IT FURTHER RESOLVED; that any future judgment funds that may be placed with the Board for governing by consent of the Delaware Tribal Council and/or the Delaware people by referendum vote shall be administered by the Board. Also any funds donated, received by grants, or fundraisers that are specifically received for programs shall be administered by the Board.
ARTICLE I – Authority
The Supreme Authority of the Delaware Tribe of Indians is vested in the tribal members, (as defined in Article II of the Constitution of the Delaware Tribe).
A. The Members of the Delaware Tribe of Indians, in 1990, established the Delaware Trust Board, to administer judgment funds when released to the Tribe by the BIA for Dockets 72 and 298.
B. Any future judgment funds, donations, grants, etc., that are delegated to the Trust Board by the Tribal Members and/or the Delaware Tribal Council shall be administered by the Board.
C. The members of the Delaware Tribe of Indians (as defined in Article II of the Constitution of the Delaware Tribe) delegated to the Delaware Tribal Council the authority to govern the Tribe and take care of all other business of the Delaware Tribe.
D. Business: The sole and only methods of conducting business under this document shall be limited to:
1. The elected Trust Board as delegated authority by the Delaware people by approving this document, as provided herein.
2. The members voting by referendum; or the members meeting in General Council and the members voting by referendum;
E. General Council: as herein used shall mean a meeting or gathering of all members of the Delaware Tribe of Indians who assemble in one geographic location, after due and proper notice has been given.
1. The General Council shall convene annually on any Saturday during the month of November of each year at which time the Chair of the Trust Board shall make a “Trust status” address. Notice of the General Council meeting shall be given by the Chief and Tribal Council, as stated in the Delaware Constitution Article XI, not less than thirty (30) days nor more than forty-five (45) days preceding the meeting through the United States Postal Service and by public notice. If any matter is found relevant the matter shall be considered. If found not relevant the matter shall not be considered.
2. A quorum of not less than 100 voters shall be convened before any business of the General Council can be conducted. Procedures for the conducting of business of the General Council shall be consistent with Roberts Rules of Order Revised, unless in conflict with this document, the Delaware Tribal Constitution, or the Constitution of the United States of America.
3. Any action passed by General Council, regarding the Trust Board, must be confirmed by a referendum vote of the people.
F. Trust Board
1. There was created, by the Document approved on September 21, 1990, a representative body, which is known as the Delaware Trust Board, hereinafter referred to as “Trust Board.”
2. The Trust Board consists of one (1) Chair and six (6) members, all of whom must be registered voters within the Delaware Tribe. Three (3) of the six (6) members shall be designated as the following officers: Vice-Chair, Secretary and Treasurer.
3. Trust Board managerial functions, including the employment of workers, as needed, and the execution of routine Trust Board business functions, shall be delegated to the Trust Board.
4. The Trust Board shall meet at least once per month at a time and place designated by the majority vote of said Board at the previous meeting. All meetings of the Trust Board shall be held in accordance with Roberts Rules of Order Revised, unless in conflict with this document, the Delaware Tribal Constitution, and the Constitution of the United States of America.
5. All meetings of the Trust Board shall be public, except:
a. when matters of personnel and their employment are discussed;
b. when the question of moral turpitude of any Trust Board member is discussed; or
c. when the decorum of the audience shall prejudice orderly administration of business.
Such exceptions above will allow the Board to go into executive session In the event that consideration of a subject shall take place in executive session, the vote shall take place in an open meeting.
6. No action shall be taken at any Trust Board meeting unless there is present a quorum, which shall be four (4) members of the Board.
7. The Chair of the Trust Board shall call and conduct all regular and special meetings of the said Board. The chair of the Trust Board shall exercise his/her voting right only when it will affect the outcome (i.e., break tie votes of the Trust Board).
8. The vice-chair, in the absence of the chair, shall perform the duties of the chair, assuming all the duties, privileges, and responsibilities of the chair.
9. The secretary of the Trust Board shall correctly record and maintain all proceedings of the meetings of the said Board and shall upon request, make records available to members of the said Board and tribal members for inspection during regular business hours and send a copy of each to the superintendent of the Tahlequah Agency of the Department of the Interior, Bureau of Indian Affairs. In the absence of the chair and vice-chair the secretary may conduct the meeting, if a quorum is present.
10. The Treasurer shall have direct supervision over the accounting department in regard to any monies administered by this Board. All monies entrusted in his/her care are in a special account and all disbursements therefrom are made by a check. All checks so issued shall be signed and properly countersigned by the properly designated trust officials before distribution.
a. The treasurer, working with the Tribal accounting department, maintains the formal accounting system for trust funds, which includes the accurate accounting of receipts and disbursements of said funds and shall present monthly reports to the Trust Board. The treasurer shall make an annual report at General Council. The treasurer shall make all Trust accounts and records available to the Superintendent at all times for inspection and/or audit.
1. The fiscal year shall begin on January 1 and end on December 31.
2. Each program will submit an annual budget to the treasurer. The treasurer shall then, with assistance from accounting, prepare an annual budget and supplements, thereto administering the judgment funds and consistent with the Plan as set forth in Article III of this Document. The Trust Board will approve the annual budget and present it to Tribal members in the Delaware Indian News and on the Delaware Tribe web site (www.delawaretribe.org). Upon approval chair of the Trust Board shall submit the annual budget to the Secretary of the Interior for the Secretary’s review.
11. The members of the Trust Board consist of those persons elected to the Office of Chair or member of the Trust Board in a duly called election in accordance with Article IV – Elections of Trust Board.
E. Tribal Records: All expenditures of Judgment Trust Funds shall be a matter of public record open to all tribal members at all reasonable times. Official minutes and reports of the General Council, the Trust Board and any of their programs shall also be available to all tribal members at all reasonable times.
1. Any reports, minutes or other information pertaining to matters of personnel shall remain confidential to the extent necessary to protect the individual rights of the person or persons involved. However, the personnel decision of the Tribal entity shall be a public record available to review by all tribal members at all reasonable times.
2. Tribal members shall be allowed reasonable arrangements to copy open Tribal records, subject to appropriate federal law. The cost of such reproduction shall be born by the tribal member requesting reproduction, unless waived. Such cost shall not exceed that charged by local photocopying companies.
ARTICLE II – Eligible Program Recipients
All members of the Delaware Tribe of Indians, as determined in Article II of the Constitution Delaware Tribe of Indians, are eligible to receive program benefits. All program applicants must meet the individual program guidelines.
ARTICLE III – Program Plan
The Delaware Trust Board sets forth this plan to administer the Delaware Judgment Fund Distribution Plan as provided in Public Law 92-456, any additional funds from future judgment settlements, donations, grants etc. as determined by the Delaware people. This plan establishes perpetual funding for the operation of programs and services as provided in this plan:
A. Purpose of the plan is:
1. To safeguard the assets of the Delaware people administered by this plan.
2. To establish rules and regulations for administration of programs.
3. To ensure that every eligible Delaware Tribal member has an opportunity to benefit from the use of the tribal assets, as described in this document, and investments. The plan will identify general guidelines to ensure effective delivery of services to the Delaware people.
B. Definitions
1. Board shall mean Delaware Trust Board
2. BIA will be used to mean Bureau of Indian Affairs
3. Funds shall mean any funds supervised by the Board.
4. Tribe shall mean Delaware Tribe of Indians.
C. Background
On December 26,1969, the United States awarded a claim to the Delaware Tribe of Indians in Docket 298, with accumulated interest. The claim was a settlement for the Delaware outlet in Kansas in payment for lands taken in 1856 and 1857 and sold under Treaty of 1854 (10 Stat. 1048 involving sale of the Delaware Trust Land).
The funds not apportioned to the Absentee Delaware of Western Oklahoma (aka. Delaware Nation) were placed to the credit of the Delaware Tribe in the United States Treasury and were to be administered as follows: 90 percent of the funds were distributed in equal shares to each person enrolled pursuant to subsection 2(c) (1), and 10 percent remained to the credit of the Tribe in the United States Treasury, and was designated to be advanced, expended, invested or reinvested for any purpose that may be authorized by the entity as described in this document.
D. Methodology:
This plan is the product of a series of meetings, planning and research by the Delaware Trust Board, Tribe and Tribal Staff. The original plan was implemented as follows:
1. For the purpose of this document the definition of assets refers to Delaware Judgment Funds as provided in Public Law 92-456, any additional funds from future judgment settlements assigned to the administration of this Board,
2. The original Delaware Judgment Funds, approximately $1.5 million plus accumulated interest were placed under the supervision of the BIA.
3. The Board removed all except $50,000 from the supervision of the BIA and invested it in secure interest bearing accounts,
4. All money under the supervision of the Board shall be placed in secure interest bearing accounts.
5. The annual earned interest is used to fund the programs and services as presented in this document.
6. All money under the supervision of the Board shall be audited at the conclusion of the fiscal year by an independent certified public accountant.
7. Only registered members of the Delaware Tribe of Indians, as provided in the Delaware Tribal Constitution, are eligible to receive services and programs presented in this plan.
8. All funds allocated to a program within this plan that are not expended at the conclusion of the fiscal year shall be carried over to be used by that program in the next fiscal year in addition to the new years budget.
9. The Board reserves the right to transfer the investment management of the Delaware Judgment Funds from the supervision of the BIA to a private sector entity {as provided in Public Law 92-456, Section 4 (a)} upon approval of a properly submitted resolution to the Bureau of Indian Affairs. Such resolution and transfer shall require the approval of the BIA.
Neither the United States nor the Secretary of the Interior shall be liable, because of the Secretarial approval of an investment decision under this plan, for any losses encountered within such and investment decision.
10. The Board reserves the right to withdraw funds from the principal of the Funds provided:
a. The Board shall require the approval of the BIA and a referendum vote of the Delaware people over the age of 18 years. Approval requires a 2/3rd majority of votes cast.
b. Any withdrawal shall not exceed twenty percent (20%) of the total principal of the funds and may not reduce the principal below a value of $3.8 million.
c. There shall be no more than one withdrawal from the principal of the funds during the fiscal year.
E. Program Plan Distribution
1. Community Service 30%
2. Education 25%
3. Cultural Preservation 10%
4. Elders 5%
5. Veterans 5%
6. Tribal Operations 15%
7. Reinvestment 10%
100%
F. Program Parameters
The Board shall determine the duration, eligibility requirements, commencement date, budget amounts and rules and regulations for each of the selected distribution areas. Each program will develop an annual budget to be approved by the Board and presented to Tribal members in the Delaware Indian News and on the Delaware Tribe web site (www.delawaretribe.org).
1. Community Services Program—30%
The Community Services Program will promote the general welfare and well being of the members of the Tribe through support services and technical assistance. The supportive service will meet the need for Delaware Family Assistance and will provide a Central Information-Referral Service component. The services will be available on an emergency basis and will provide such services as financial assistance. This program will be national in scope to assist enrolled Tribal members as families, individuals and with community resource referral service component. This program will be flexible and available to all ages.
The Board will establish a committee to develop and oversee the program. It will assign one of the Board members to be chairman. Guidelines for available services will be available from the Tribal Center and on the Tribal Web site (www.delawaretribe.org).
2. Education Program—25%
The Education Program shall provide financial and technical support to Tribal members of all ages to promote educational endeavors, including but not limited to higher education scholarships. This program will be national in scope. The Board will establish a committee to develop and oversee the program. It will assign one of the Board members to be chairman. Guidelines for available educational services are available from the Tribal Center and on the Tribal Web site (www.delawaretribe.org).
3. Cultural Preservation—10%
The Cultural Preservation Program will provide a centralized system to maintain the language, ceremonies and traditions of the Lenape. This program will include the establishment of a museum, a library, ceremonial grounds, cemeteries and learning resource center for the Delaware people.
The Board will establish a committee composed of tribal elders, historians, staff members and volunteers to implement the program. One of the Board members will be appointed chairman.
4. Elder Committee—5%
The Board will establish a committee headed by a member of the Board to address elder services, issues and needs. The committee will establish guidelines and goals to be achieved.
5. Veterans Committee—5%
The Board will establish a committee headed by a member of the Board to address veteran services, issues and needs. Chair or co-chair shall be a veteran. The Committee will establish guidelines and goals to be achieved.
6. Tribal Operations—15%
The purpose of this program is to provide an administrative structure of operations that will implement and maintain the various services called for in the Plan. These funds will be transferred to the tribal accounting department to provide administrative, accounting and staff support to all Trust programs. The annual audit will be paid for by the Board from each program according to the percentage received by each.
7. Reinvestment—10%
The Reinvestment Program will provide a continuous growth of the financial reserve and enhance the concept of a perpetual funding sources for the Delaware people. The Board, on an annual basis, will reinvest ten percent of the annual accumulated interest on the principal amount back into the principal.
ARTICLE IV – Election of Trust Board
A. Officers and Terms of Office
1. Each elected chair or Trust Board member shall serve staggered terms of four (4) years.
2. Elections of Trust Board members shall be by referendum vote (ballots sent to all eligible Delaware voters with current addresses on file).
3. In concurrence with the Constitution of the Delaware Tribe of Indians, all members, eighteen (18) years of age or older, who are registered to vote, may vote in all elections and sign petitions.
4. Public notice of the date of election and designation of polling places shall be given at least thirty (30) days and not more than forty-five (45) days prior to the date of elections. Notice shall be given through the United States Postal Service to all members of the Delaware Tribe of Indians eligible to vote and by public notice.
5. Declaration of Trust Board candidacy shall be for either of the following positions: (a) Chair of Trust Board; or (b) member of the Trust Board.
6. Members elected to the Trust Board shall take office at the next regular meeting of the Trust Board after the election at which time they shall take an oath administered by the Chair. In absence of the chair, the Vice-Chair, or Chair Pro-Tem elected by a majority of the Trust Board shall administer the oath of office.
7. The Trust Board, after being installed in office, shall elect by majority vote of its members, a vice Chair, secretary and Treasurer.
8. Vacancies of elected Board positions shall be announced at the Trust Board meeting at which the resignation is announced. Such vacancy shall also be posted on the Delaware Tribal web site for a minimum of 21 days. Tribal members interested in being considered for such position shall submit in writing their interest and qualifications to the Trust Board and be present at the next regular meeting. The position shall remain vacant until the next regular meeting of the Trust Board, provided applications have been received and public notice has been given. Candidates not elected in the previous Trust Election shall be placed in the vacant seat according to most votes received that election, provided they submit an application for the position. If no previous candidates apply, Trust Board shall then appoint a tribal member, who has submitted an application, receiving the majority of the votes of the Trust Board then assembled, to the vacant post. The member chosen in this manner shall serve out the unexpired term of the office.
9. If the Trust Board shall fail to give proper notice of the election or in case a regular election has not been held, the Election Board, upon receipt of a valid petition signed by at least 100 registered voters shall call such election and shall give thirty (30) days notice, setting the time and place of the election.
B. Election Board.
The Election Board, chosen jointly by Tribal Council and Trust Board, shall consist of five (5) tribal members who shall not be members of the Trust Board, nor candidates for or hold any elective positions within the Delaware Tribe of Indians or employed by under contract to the tribe. The Election Board shall have the responsibility for overseeing elections and shall serve for a term of one (1) year or until successors are duly chosen and installed.
C. Election Regulations.
The Election Board, first selected in accordance with this Trust Document, shall present, for approval to the Tribal Council and Trust Board, proposed election regulations which shall provide for, among other things, walk-in balloting, mail-out secret balloting, voter registration and procedures for settling election disputes. Upon adoption by the Tribal Council and Trust Board, the election regulations shall remain in effect until amended by the Tribal Council and Trust Board.
1. The Tribal Council and Trust Board shall, in an election year, establish the location, date and time for the election.
2. Elections shall be held every even year the first Saturday of November to coincide with the Tribal Council elections.
3. Elections of Trust Board members shall be by referendum vote (ballots sent to all eligible Delaware voters with current addresses on file).
ARTICLE V – Removal from Office
A. Any member of the Trust Board shall be subject to removal from office for willful neglect of duty, corruption in office, habitual substance abuse, incompetency, prior or current conviction of a felony or convictions involving moral turpitude, provided such offenses occurred while the member is in office.
B. Any member of the Trust Board not in attendance two consecutive times with unexcused absences, or a total of four regularly scheduled Board meetings, may be subject to removal from office.
1. Excused Absences
a. Illness—Board member, immediate family (spouse, children, parents, siblings)
b. Accidents—automobile accidents, unexpected breakdowns, i.e, flat tire, motor problems that leaves the Board member without transportation
c. Death in family
d. Board member shall provide documentation (doctor’s note or bill, receipts for auto problems, photos or personal statements).
C. The Trust Board shall make rules as are necessary for carrying into effect the provisions of this article, insuring therein that due process is afforded to all persons.
ARTICLE VI – Initiative, Referendum and Amendment
A. Reserved Power
Notwithstanding the provisions of Article I of this document, the members of the Delaware Tribe of Indians reserve to themselves the power to propose resolutions, regulations or Trust Document amendments and to enact or reject the same at the polls, and also reserve power at their own option to amend or reject any act of the Trust Board. The power of initiative, referendum and amendment shall be exercised by petition. The Trust Board shall make suitable provisions for carrying into effect the provisions of this Article.
B. Petitions
A valid petition signed by one hundred (100) voting members of the Delaware Tribe shall be required to propose resolutions, regulations or amendments. The petition shall, at the beginning, contain a statement of purpose in clear and concise language. Petitions shall be typed and clearly set forth the proposal. A copy of the petition shall be filed with the Trust Board Secretary and addressed to the Trust Board Chair, prior to obtaining signatures. Petitions not filed will be invalid. Persons signing the petition must print their full legal name, address, and affix their signature. In determining whether the signatures are valid (those of registered voters), only those names, which appear on the same page as the “Statement of Purpose” with the text of the proposal, shall be counted. The Trust Board Secretary shall verify the voting status of all persons signing any petition.
C. Referendum
From time to time certain issues may require a mandate of the registered Tribal members 18 years or older. A referendum petition meeting the requirements of Article VI, section B, and signed by at least one hundred (100) voting members shall require the Trust Board Chair to institute a special election within forty-five (45) days, provided:
1. Referendum election shall be by secret mailed ballots prepared by the Election Committee;
2. The issue or question is clearly and concisely stated;
3. Notice and mailing of such ballots be accomplished not less than thirty (30) days and no more than forty-five (45) days before the deadline for submission of such ballots; and
4. Due process requirements are met, as provided by the Indian Civil Rights Act of 1968, 25 U.S.C., Section 1302.
D. Amendment
This Trust Document of the Delaware Tribe of Indians may be amended by 2/3 majority vote of the registered voters participating in a duly conducted referendum election. If two or more amendments are proposed they shall be submitted in such a manner that electors may vote for or against them separately. No proposal for the amendment of this document which is submitted to the voters shall embrace more than one general subject and the voters shall vote separately for or against each proposal submitted; provided, however, that in the submission of proposals for the amendment of this document by articles, which embrace a general subject, each proposed article shall be deemed a single proposal or proposition.
ARTICLE VII – Ratification
This Trust Document shall become effective upon date of ratification, when ratified by:
Those eligible to vote in Delaware Tribal elections as defined in the Constitution of the Delaware Tribe of Indians Article VI Section 6.
1. Those persons whose name; or Whose lineal ancestor’s name appear on the per capita roll prepared by the secretary of the Interior on April 20, 1906; and
2. Who are eighteen (18) years of age or older and are registered Tribal members.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal the Trust Board of the Delaware Tribe of Indians to be affixed. This Trust Document of the Delaware Tribe of Indians is passed and certified in accordance with this document this _____ day of _______________, 2013 at Bartlesville, Oklahoma.
_______________________________ _______________________________
Chairman of the Delaware Trust Board Secretary of the Delaware Trust Board
Revising the Trust Board Document
What We Are Proposing:
Current events and the age of the present Delaware Trust Document has made it essential for revisions to bring the document up to date. The Trust Board has drafted a proposed revised document and is presenting it to all Delaware tribal members for comments. Once the comment period ends the document will be changed and put out for a vote.
The final draft will be on the ballot in November for ratification by tribal members. The comment period will end August 1, 2013 to allow time for final revisions. The document that will be on the ballot will be printed in the October Delaware Indian News. All tribal members should carefully the proposed revised Trust Document and offer comments if they wish. To view the document, click on the link below.
The Revised Document:
Opportunities for Feedback:
We want to hear your concerns. To make your voice heard, please plan to attend one of the Town Hall meetings to be held in July! Stew, frybread and dessert will be served. Door prizes will be awarded at the end of each meeting. If you cannot attend, videos of the meetings will be available on the tribal web site.
If you cannot attend, you can also send comments to our special email address at trustrevisions@delawaretribe.org.
Town Hall Meetings:
Sat, July 13, 11:00 AM:
Chelsea Boys & Girls Club, 119 North Ash, Chelsea, OK
Sat, July 20, 11:00 AM:
Nowata City County Library (West Room), 224 South Pine Street, Nowata, OK
Sat, July 27, 11:00 AM:
Delaware Community Center, 5100 Tuxedo Blvd., Bartlesville, OK
Explanations and Opinions:
- Proposed Trust Document Revisions
Trust Board Secretary Verna Crawford - Trust Board Information
Trust Board Chairman Chet Brooks - To be or not to be…Elected or appointed…
Trust Board Member Bonnie Jo Griffith - Trust Board Proposed Changes
Trust Board MemberJohn Sumpter - A Counterpoint
Councilwoman Annette Ketchum
Tribal Organizational Development Moves Forward
by Jenifer Pechonick
The Tribal Council recognized the need for organizational development throughout the various departments earlier this year. Some of our identified needs (out of a huge list of priorities) include: DFMS 8(a) certification; follow-up on contacts made a conferences such as RES; staff development including effective staff meetings, improving internal communication, review of job descriptions; effective time and task management; avoiding duplication of work; process analysis of each department for maximum effectiveness; review of all policies and procedures to have current documented policies and procedures for all areas; developing a New Hire Manual; training on quarterly and annual reports identify potential 638 programs; meeting with various BIA officials to discuss expanding 638 service area into Kansas; meeting with Cherokees and BIA to secure direct funding of Aid-to-Tribal Government monies; reviewing the Housing program, formula area, and sub-recipient agreement with Cherokee; working with the Tribal Court on needs, training, codes; working with Child Support Enforcement for necessary renovations to Caney building to meet the security needs of a comprehensive program; creating a Memorial Garden; and funding and maintenance needs for the Boys and Girls Club of Chelsea.
We are happy to report that work on many of these items is underway! In order to assist with this huge undertaking, the Tribe contracted with Gray and Gray Consultants. Gray and Gray is an Osage-owned consulting firm made up of Jim and Libbi Gray (Jim Gray is a former chief of the Osage Tribe, and Libbi is an MBA with extensive experience in organizational review and training). Their combined background and work experience made them an asset in many areas.
In the first two months, they have accomplished quite a lot. Libbi, along with several staff members, are reviewing the Tribal Code book, which was put together in the 1980s, to make sure it is complete and to add other proposed codes that will be presented to the Tribal Council in the coming months. She has simultaneously been working with another team to develop and improve internal communication between staff and Council, and between staff members themselves. The Enrollment Department has been an area of focus and has resulted in improved knowledge of our enrollment software, improved workspace, staffing changes (adding a second full-time employee to the department), and hopefully streamlined procedures for handling the large volume of work for a large tribe such as ours. Libbi has worked with several staff members one-on-one to help address concerns or design improved processes. She has provided training in the use of Microsoft Outlook (especially its calendar functions) and has helped design an “intranet” to make the sharing of information more efficient. The staff has been appreciative of their efforts.
Jim has assisted on a state and federal level in development of intertribal and federal agency relations and works with the Tribal Council on preliminary strategic planning. Gray and Gray undertake many specific tasks each week which they document and report to their various “project sponsors” on the Council weekly and monthly.
Town Hall Meetings!
Please plan to attend one of the Town Hall meetings to be held in July!
Stew, frybread and dessert will be served. Door prizes will be awarded at the end of each meeting.
We want to hear your concerns. If you cannot attend, videos of the meetings will be available on the tribal web site.
Sat, July 13, 11:00 AM:
Chelsea Boys & Girls Club
119 North Ash
Chelsea, OK
Sat, July 20, 11:00 AM:
Nowata City County
Library (West Room)
224 South Pine Street
Nowata, OK
Sat, July 27, 11:00 AM:
Delaware Community Center
5100 Tuxedo Blvd.
Bartlesville, OK
From the Desk of Verna Crawford, Tribal Council Secretary
The Tribe will be moving some of the Tribal operations to Kansas. Why? As long as the Tribe limits the Tribal jurisdiction to Oklahoma and the Cherokee Nation, it cannot provide more and better services to the Delaware people. Presently the Tribe cannot apply for grants or services unless the Cherokee Nation approves.
Having a jurisdictional area in Kansas will allow the Delaware Tribe to provide services such as housing, health, education, economic development, jobs and more.
The Tribe is currently preparing a grant application for planning to develop a charter school. The school would be located in Kansas to avoid conflict with or oversight by the Cherokee Nation. The school will combine academic with cultural instruction and K thru 12th grade. The grant is for three years to do the planning.
Some of the information needed for the grant application inlcude: the interest of students in attending the school, and whether qualified Delaware teachers in Kansas are interested in teaching there. Let us know your thoughts.
We Want Your Feedback: Possible Charter School
The Delaware Tribe is considering starting a Charter School in Kansas. The curriculum would include grades K thru 12 and academic and cultural instruction.
We want feedback about the level of interest:
1. Would you send your students to a Delaware Charter School?
2. Delaware or Native American teachers: would you consider working at a Delaware Charter School?
3. Teachers: do you have Kansas accreditation or would you acquire it?
We Want Your Feedback: Service Needs of Kansas Tribal Members
As discussed over the last year or more, the Delaware Tribe is working to serve the needs of tribal members in Kansas.
If you live in the proposed Kansas service area, we want your input:
1. Do you need housing assistance?
2. Do you need medical assistance?
3. Do you need education assistance?
4. What are you job/professional skills?
Please send feedback to Verna Crawford, Delaware Tribal Council Secretary, at vcrawford@delawaretribe.org or 170 NE Barbara, Bartlesville, OK 74006.
A Counterpoint
The Trust Board members have been working on a revision of the obsolete Trust Document. My concern is that it still needs revisions to take out any articles that are already in the Constitution. It is not necessary to have a pseudo-Constitution, which in my opinion, causes confusion.
Now that the Tribe has had its Federal Recognition restored, the only purpose of the Trust Document is to oversee the Distribution Plan for the social services programs in the plan. Additional, redundant, unnecessary, and confusing information will lead to the document being turned down at the polls.
Since the tribal staff and accounting department are quite adequate in carrying out the function of the Distribution Plan and since the annual budget is also prepared by the accounting department, the only job of the Trust Board members is to be an oversight committee, although the Tribe has built in checks and balances for oversight. Actually, if we continue with a Trust Board (since the Arvest Management is the actual trustee), I think we may be delaying dissolving both the Trust Document and Trust Board out of sentimentality. Both are of no further use to the operations of the Tribe.
The reasons it is no longer needed:
1. We have our Federal Recognition.
2. The Board is not the Trustee of the judgment funds.
3. The staff and accounting department do the work of the Board.
4. The Delaware Citizens serve on the programs’ committees and can chair those program committees.
Another glaring problem that exists with the Trust Board is that only three members who are currently serving are elected. Four are appointments
So, be sure to attend the Town Hall meetings this month. I would like to hear good reasons for keeping the Trust Board, since I don’t believe there are sound, long term reasons for keeping it.
Annette Ketchum
Delaware Tribe of Indians
Councilwoman
918-337-6590
aketchum@delawaretribe.org
Trust Board Proposed Changes
My name is John W. Sumpter, Delaware Tribe of Indians Trust Board Member, Vice Chair Cultural Committee, Chair Reinvestment Committee, and Chair Veterans Committee.
Let me first explain that the Trust Board has nothing to do with the governing of our Tribe whatsoever!
One of the most important duties of the Trust Board is to protect Tribal monies. Reinvesting 10% of the interest back to the principal allowing our Tribal monies to grow; administering the rest of the interest monies among the various programs and committees as stated in the Trust Document and Master Plan. Tribal Operations, Cultural Preservation, Community Services, and Education are just a few of those programs.
Here are a few of the proposed changes:
(1) Increasing Tribal Operations from 10 to 15%.
(2) Doing away with Land Management and Economic Development since those duties were taken over by the Tribal Council and the Delaware Enterprise Authority (DEA).
(3) Revising the budget to include new line items for the Elders Committee and the Veteran’s Committee. The line items will fund both committee programs. We need to recognize the valuable knowledge and contributions that our Elders and Veterans have contributed to the Delaware Tribe.
(4) Another proposed change is to have Trust Board elections coincide with Tribal Council elections to save money on election costs, but in order to do that, the Trust Board would have to hold off the Trust Board election this year and have it with the Tribal Council election next year.
These are but a few of the changes that are necessary to bring our Trust Document and Master Plan up to date
I urge you to study the changes carefully; they will be posted on the Delaware Tribe website (www.delawaretribe.org). Attend the town hall meetings and let us know your thoughts.
Workshops and Town Hall Meetings
The Trust Board workshops have been extensive and the proposed changes have been well thought out, but we still need outside input. To get this input from the tribal members, the Trust Board has scheduled three town hall meetings (Chelsea July 13th, Nowata July 20th and Bartlesville July 27th).
Please know this, the people’s vote created the Trust Board, Trust Document, Master Plan and only the people’s vote can do away with them.
John W. Sumpter
PO Box 45
Copan, OK 74022
(918) 532-4938
To be or not to be…Elected or appointed…
Your Delaware Tribe of Indians Trust Board will be presenting, for approval by referendum vote, a new Trust Document of the Delaware Tribe of Indians. The entire proposed document can be found at www.delawaretribe.org and also reprinted in this issue of the DIN.
As one of the newer members of this Board I feel honored to be part of this proposed positive change for our tribe. The vote for this change will be held Saturday, November 2, 2013. I urge all voting age members of the Delaware Tribe of Indians to participate and let their voice be heard.
Last fall the Tribal Council and the Trust Board worked jointly on a new document but failed to reach an agreement on changes, most noticeably how Trust Board members are selected to serve. The Trust Board is in unanimous agreement that you as tribal members should have the right to elect those that oversee the four million (+) dollars in trust funds. After reading the joint proposal from last fall it appears the main point of contention is that document called for Trust Board members to be appointed by the Tribal Council. My feelings are that you, as a tribal member, have the right and should be given the opportunity to elect the Trust Board members as is the process at the present time. As proposed, should a member of the Tribal Council, or anyone they might have appointed, choose to run for Trust Board they have the same opportunity as all other tribal members. By keeping the Board as an elected Board each member would be eligible to run for re-election every four years. At that time the People of the Delaware Tribe of Indians have the right to re-elect or replace the Board member. A Tribal Council-appointed Board member could possibly remain on the Board long after the majority of the Delaware Tribe of Indians desire to have them removed. You need to have a voice.
The money in trust belongs to “we the people” of the Delaware Tribe of Indians, not to the Trust Board nor to the Council. The Tribal Council of the Delaware Tribe of Indians is tasked with the operation of the tribe, NOT the Trust Board. The Trust Board has no desire to run the tribe and totally agrees that those functions are, need to be, and should be, the responsibility of the Tribal Council. The Trust Board is a group formed to oversee and safeguard the trust monies of the Tribe.
As you read through the proposed document you should also note that it includes changes to the balloting process. The new document will require that ALL Trust Board elections be held by referendum vote. This would require ballots be sent to all voting age members of the tribe who have valid addresses on file. The process of requiring tribal members to request an absentee ballot concerns the Board so we are asking your help in eliminating it. The Board’s concern is that if a tribal member has to request a ballot (the time constraints of the call for election, candidates filing period, printing of ballots, receiving absentee ballot requests, mailing the ballots out, and receiving them back in time for them to be included in the count) there may be a number of tribal members whose voices will not be heard. We as a Board feel that any tribal member who us eligible to vote, and so desires, should be afforded that opportunity.
Another change in the proposed document is that Trust Board members be elected in even-numbered years instead of odd-numbered years as is presently the case. This would move the Trust Board elections to coincide with the Tribal Council elections beginning in 2014. At that time the savings from sharing the election expense with the Council would have an impact on offsetting the cost of mailing ballots to all voters. To accomplish this goal, each sitting member of the Trust Board will have their current term extended one year to have it end in an even numbered year.
You may notice in the proposed document that the Tribal Committees under the guidance of the Trust Board would be restructured. Two new committees will be created to better serve our people: an Elders Committee and a Veterans Committee. Our intent is to better provide services to the two honored groups of our tribe.
The Trust Board will be hosting town hall meetings in Chelsea, Nowata, and Bartlesville during the month of July. One purpose of these meetings is to inform our members of all details of this proposal. The main reason for these get-togethers though is to get your input. This proposal is a working document.
I ask that you look carefully at our proposal. Should you have questions, concerns, or comments please call, text, or email me.
Wanishi,
Bonnie Jo Griffith
Delaware Tribe of Indians
Trust Board Treasurer
918-331-3805
bjogriffith@aol.com
Proposed Trust Document Revisions
Current events and the age of the present Delaware Trust Document has made it essential for revisions to bring the document up to date. The Trust Board has drafted a proposed revised document (see later in this issue) and is presenting it to all Delaware tribal members for comments. Once the comment period ends the document will be changed and put out for a vote.
This article contains historic information and an explanation regarding the changes proposed. The final draft will be on the ballot in November for ratification by tribal members. The comment period will end August 1, 2013 to allow time for final revisions. The document that will be on the ballot will be printed in the October DIN. All tribal members should carefully read this article and the proposed revised Trust Document.
The Trust Board has received some input from the Tribal Council, staff members and other Tribal members. Now we need more. In this edition of the DIN the Board is presenting a first draft of the proposed document to all tribal members for comments and recommendations. Address your comments to the Delaware Trust Board at 170 NE Barbara, Bartlesville, OK 74006, send an email to us at trustrevisions@delawaretribe.org, or come to one of the planned Town Hall meetings.
Three Town Hall meetings will be held in July. The first will be on July 13 at the Lewis B. Ketchum Sports Complex, 119 N. Ash, Chelsea, OK. The second will be July 20 at the Nowata City County Library (west room), 224 S Pine St., Nowata, OK. The third will be on July 27 at the Delaware Community Center, 5100 Tuxedo Blvd., Bartlesville, OK.
The meeting in Bartlesville will be online live. Comments and questions may be sent by email to trustrevisions@delawaretribe.org, and emails sent during the Bartlesville meeting will be addressed at that time.
All Town Hall meetings will start at 11 a.m. Stew, frybread and dessert will be served. Door prizes will be awarded at the end of the meeting. The main prize will be a $50 gas card, one at each meeting. There will be other door prizes as well.
History of the Proposed Changes
Recently proposals have been discussed to reduce the Trust Board to a five-member oversight committee, appointed by the Chief. Two Town Hall meetings were held in September 2012 regarding this idea. Those attending agreed that the Trust Document needed to be revised but the general consensus was to continue to elect the Trust Board members. The Trust Board took those concerns to heart and have developed a proposed revised document. We are presenting this document to the Delaware people for comments, suggestions and directions. Following the July 2013 Town Hall meetings, the Trust Board will consider comments received at the meetings and by mail or email, and make changes.
The following provides some background to help Tribal members in their consideration of this document.
In the 19th century, the Delaware people were moved from their reservation in Kansas to reside in the territory of the Cherokee Nation in accordance with Article II of the Delaware Agreement, dated April 8, 1867. The Delaware Tribe paid a sum of money to the Cherokee Nation in order to preserve their Delaware identity. There was also a payment for land for the people to own. The Delaware Tribe has continued to maintain a governing Council from then to the present.
Congressional Act 83 Stat. 447, 453, of December 26, 1969 appropriated the judgment funds in Dockets 72 and 298 for the Delaware Tribe of Indians. The Delaware people voted to retain 10% of the total funds to be held for tribal operations. It become expedient and necessary for the Bureau of Indian Affairs (BIA) to release the 10% Judgment Funds provided for in the Act of Congress dated October 3, 1972, Public Law 92-456, 86 Stat. 762, 25 USC § 1294 (b). Tribal members voted to reserve 10% of the judgment funds and the rest was paid out per capita.
The Delaware Tribe maintained a government-to-government relationship with the United States until May 25, 1979, when the Tribal Council received a letter from the BIA removing the Delaware Tribe from the list of federally recognized tribes. The Delaware Tribe attempted from 1979 to 1989 to get the BIA and Congress to have that decision overturned.
Chief Lewis B. Ketchum met with Cherokee Chief Wilma Mankiller in 1990, and it was agreed that the Delaware Tribe was entitled to the 10% reserved for tribal operations from the judgment funds awarded by Congress in 1972. Both the Secretary of the Interior and the Cherokee Nation agreed not to interfere with the administration or use of these funds once an entity was established to administer the funds. The Delaware Tribe, working under a grant from Administration for Native Americans, developed the Trust Document. The document provided the powers to receive, invest and administer the judgment funds but would not have any governmental powers. It did not in any way indicate that the Delaware Tribe was federally recognized.
The Delaware people, in an election conducted by the Secretary of the Interior, ratified the Trust Document on September 21, 1990. The first Trust Board was seated in early 1991. Their first task was to develop a Master Plan to administer the funds for the benefit of the tribe. (The current Trust Document and Master Plan are on the Tribe’s website at www.delawaretribe.org.) The Master Plan was approved in the summer of 1991 and the Trust Board received the first funds on October 1, 1991.
In the eyes of the Delaware people the Constitution and Tribal Council continued to be our governing body and document. In 1996 Assistant Secretary of the Interior Ada Deer rescinded the action of the 1979 letter, putting the Delaware Tribe back on the list of federally recognized tribes. The Cherokee Nation quickly filed a lawsuit against the Department of the Interior and Assistant Secretary Deer. The Tulsa District Court ruled in favor of the DOI and the Delaware Tribe in 2002. The case then went to the 10th Circuit Court in Denver, and in November 2004 the earlier ruling was overturned. The Tribe was again removed from the list of federally recognized tribes.
The Tribe applied for recognition under the Oklahoma Indian Welfare Act of 1934 (OIWA). Before the BIA would approve the OIWA application, a Memorandum of Agreement with the Cherokee Nation was required. The two tribes worked out an agreement basically requiring the Delaware Tribe to get approval from the Cherokee Nation before applying for grants, to not apply for any grants that the Cherokee Nation received funds for, to agree not to put land in Trust, and to forego developing gaming within the Cherokee Nation. Most monies received by the Delaware Tribe would go through the Cherokee Nation, though any Delaware tribal activities outside Cherokee jurisdiction would not come under the MOA.
The BIA conducted a Secretarial Election in July 2009 to ratify the Delaware Constitution, and by August the Delaware Tribe was back on the list of federally recognized tribes. The Delaware Tribe has moved forward rapidly since that time.
Now that the Delaware Tribe has a direct relationship with the Federal Government, the Trust Document needs to be updated and clarified.
In 1990 the Delaware Tribe needed a way to fund its daily operations; that is not the situation today. In light of that the Trust Document needs to be revised. The Trust Board has been operating under two documents, the Trust Document and Master Plan, which has caused confusion. The proposed revised document will combine them into one.
The proposed revisions clearly recognize the Chief and Delaware Tribal Council as the governing body. The Delaware Constitution is the governing document. The only authority the Trust Board has is to administer and protect the Trust Funds and any other funds assigned by the Delaware people and/or the Delaware Tribal Council. It is my wish that the Trust Board and Tribal Council may work together for the benefit of our people.
The Delaware people adopted the Trust Board and Trust Document to administer and protect the judgment funds, set up programs with the funds to assist Delaware people, to promote Delaware culture, and more. The Supreme Authority of the Delaware Tribe of Indians is vested in the tribal members. The Chief and Tribal Council is the governing body elected by the people. The Trust Board elected by the Delaware people is tasked with administering the judgment funds.
How the Trust Board fits in the Tribe’s organizational chart is a little vague. Should the Trust Board be under the direct supervision of the Tribal Council, or on an even plane with the Council? Should the Trust Board send reports to the Tribal Council? Should the Council be able to overrule Trust Board decisions regarding the funds or programs? This decision rests with the Delaware people.
So here is a summary of the changes to the Trust Document that we propose.
Proposed Trust Document Revisions
ARTICLE I – AUTHORITY
The Trust Board’s duty is to administer judgment funds, existing or future, donations, grants, fundraisers etc. as directed by the Delaware people. The Trust programs operate on the annual interest earned by investments. Each year 10% of the interest is returned to the principal.
The Trust Board and Trust programs will make an annual report to General Council instead of conducting a separate meeting than Tribal Council.
Each Trust program will submit an annual budget to the Treasurer, then with assistance from Accounting, will prepare an overall budget. In the current Trust Document, the people must vote on the annual budget. Any budget presented for a vote in November cannot be actual, it must be estimated.
Currently the budget is estimated based on the first six months of investment earnings and doubled to get the budget total. In the proposed document (Article I F number 10 B), the budget will be presented to the Delaware people on the website and in the DIN as soon as all financial reports have been received and the budget prepared. This should be completed by February or March.
The Trust Board’s fiscal year is January 1 to December 31, presenting the budget in January will give an accurate financial picture.
ARTICLE III – PROGRAM PLAN
This is where the provisions of the Master Plan have been inserted. Most of this article mirrors the current master plan.
ARTICLE III – E – PROGRAM PLAN DISTRIBUTION
There are changes in this section. In the original plan the committees of Economic Development and Land Management have been replaced with Elders and Veterans Committees. Both of these committees will receive 5% of the annual interest. The funds left in Economic Development will be divided among the remaining committees. Land Management is largely a tribal function. Oversight of the cemeteries will transfer to Cultural Preservation. Community Services will increase to 30%, Education to 25%, Tribal Operations 15%, and Reinvestment 10%. Tribal Operation funds will go to the Accounting department to pay for Board expenses such as staff support, accounting support and other routine expenses. All funds allotted to Reinvestment are kept in the principal to grow the funds.
ARTICLE III – F – PROGRAM PARAMETERS
This section explains each program.
ARTICLE IV – ELECTION OF TRUST BOARD
The article remains essentially the same except for E, changing the election to even years to coincide with the Tribal Council Election. This is an effort to save Trust Board money. The Trust Board will pay half instead of all the election expenses.
ARTICLE V – REMOVAL FROM OFFICE
This article adds definition to the allowed reasons for an excused absence.
The remainder of the document remains nearly the same as the current document.
At the March 4, 2013 Trust Board meeting Joe Brooks moved to change the Trust Board’s fiscal year (October 1 to September 30) to a calendar year (January 1 to December 31). The motion was approved. This action was taken to eliminate a potential problem arising when the Trust Board changed from a calendar to a fiscal year in 2012. Accounting informed the Board that the changes needed in accounting procedures would require rewriting their software and the cost would be up to $1,600. The Board decided this expense would not be necessary.
The Trust Board has decided not to put Trust Board candidates on the November 2013 ballot. The only item will be the revised Trust Document. Joe Brooks presented a motion at the June 3, 2013 Trust Board meeting to extend the terms of the Trust Board members by one year to accommodate changing the election year from odd to even. Board members who would be up for election in 2015 will not have to run until 2016. The motion was approved with one no vote.
There are other issues that have not yet been resolved.
1. Should the Trust Board be elected by the people or appointed by the Chief and Tribal Council?
2. Should Tribal Council members serve on the Trust Board also?
3. Should there be a provision in the Trust Document and or the Constitution allowing or prohibiting someone from serving on both bodies?
4. Should the Tribe hire an outside vote-counting company using machines to count the votes? Or should the Tribal Election Board handle all aspects of an election, including counting the votes by hand?
5. Should tribal members be required to request absentee ballots? Or should every voter receive a ballot in the mail?
These are just a few questions to consider. There are likely to be more as you read the document.
I urge all tribal members to carefully consider all the proposed changes and please, let us know what you believe is best for the Delaware Tribe. Send your comments to trustrevisions@delawaretribe.org. If you have questions before submitting your comments, you may reach me at 918-521-2770 or vcrawford@delawaretribe.org.
Wanishi
D5 Creation