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170 NE Barbara
Bartlesville, OK 74006-2746
Delaware look to expand services, not just game
16 September 2013 LENZY KREHBIEL-BURTON, Native Times
BARTLESVILLE, Okla. – Contrary to published reports, the Delaware Tribe is not moving north just to open a casino.
Currently considered landless, the Bartlesville-based tribe is looking at relocating to its previous reservation in eastern Kansas in an effort to expand its services for citizens and business opportunities that do not necessarily involve poker chips and slot machines.
“We’ve talked about this for 20 years,” Chief Paula Pechonick said. “We want to get our 638 (federal self-governance) funds directly and be able to get out from underneath the Cherokee Nation.”
Under a 2009 memorandum of understanding with the Cherokee Nation, the Delawares cannot exert any governmental authority over land within the Cherokee’s jurisdictional area or take any land into trust in exchange for the Cherokee Nation not opposing the tribe regaining federal recognition.
The agreement, which was required thanks to an 1866 treaty that moved the tribe onto the Cherokee’s land in Oklahoma, does not extend to Delaware property outside the Cherokee’s jurisdiction. If the move happens, the Delaware Tribe’s proposed new service area could potentially include more than 15 counties in eastern and southeastern Kansas where its citizens lived before its forced relocation to northeastern Oklahoma.
The Delaware Tribe’s current capitol and its Chelsea office are within the Cherokee Nation. The tribe also has offices in Emporia, Kan., and Caney, Kan., and has been soliciting feedback from tribal citizens for potential service expansion in Kansas. The planned relocation would not disrupt services for the tribe’s citizens in Oklahoma.
“We’re going to leave everything at this building right here,” Pechonick said. “The complex is going to remain. The services will remain for our citizens still here.
“There are almost 50,000 underserved Natives in those counties. We’re like to be able to help those Native Americans as well, along with our own people.”
The casino rumor was partially sparked by a real estate transaction tied to the Kansas move. Earlier this year, the tribe bought an 87-acre tract on the north side of Lawrence, Kan., through its business subsidiary, LTI Enterprises, and is in the process of attempting to take it into trust. Despite published reports in Lawrence area media outlets, the tribe’s trust plans for the property do not involve gaming.
“Something we’ve envisioned to show people was to take an aerial photo of what we have here at this campus and transpose it up there,” Pechonick said. “We want to be able to tell them we can have housing, child care, government offices and everything else we have down here.”
Pechonick and other tribal officials are in the process of meeting with the Bureau of Indian Affairs, the four federally-recognized tribes headquartered in Kansas and the state’s governor, Sam Brownback. The tribe also plans to present a resolution at the National Congress of American Indians’ annual convention in Tulsa later this year asking for support for the move. Since the proposed relocation has to be approved by the BIA and would potentially involve switching which regional office the tribe falls under, there is not a timeline in place.
“There is a certain historical precedent being set that at issue, it isn’t just about getting federal funds, although that is a factor,” said Jim Gray, former chief of the Osage Nation and Pechonick’s senior adviser on government relations. “A tribe’s primary responsibility is to take care of its people. The purpose of a tribal government is to take care…of its people, to provide services to help ensure the safety, security and culture of its people. If you want to be sovereign, you have to start acting sovereign. If you sit on the sidelines and don’t exercise it for too long, you lose it. This is the Delawares exercising their sovereignty.”
Originally published in Native Times, September 16, 2013. Used by permission.
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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
D5 Creation