ADVISORY COUNCIL OFTENNESSEE INDIAN AFFAIRS

Saturday 28 August 2004

The quarterly meeting ofACTIA was held on Saturday, August 28, 2004 at Cumberland University inLebanon, TN.??? At 10:40 a.m., ChairpersonEdna Fay called the meeting to order.??? Shewelcomed all present and asked that the visitors introduce themselves.??? Sandi Perry presented the opening prayer.

In attendance:

?????????????????? Edna Fay ??? Nashville

?????????????????? David Teat ??? Middle Tennessee

?????????????????? Donna Bivens ??? West Tennessee

?????????????????? Dale Mitchell ??? Middle Tennessee

?????????????????? Lee Vest ??? East Tennessee

?????????????????? Tommy Veal ??? Knoxville

?????????????????? Sandi Perry ??? Nashville

?????????????????? tom kunesh ??? Chattanooga

?????????????????? Melba Checote Eads ??? Middle Tennessee

The following visitors werealso present:??? Don & Pat Merzlak anddaughter, Tom Arnette, Robert Arnette, Lance & Cyndi Cook and Wyman, EstelPerry, Wayne Swiftbird.

The agenda was reviewed,amended and approved.

There was no reportavailable from TNCIA.

A report of the activitiesof TNNAC was given by tom kunesh.???Efforts are underway to pre-register voters prior to the nextcaucus.??? The attendance lists of 2001and 2003 are also being used to expedite the sign-in process.??? A Standard Operating Manual will be madeavailable on the TNNAC website.??? Also, acomplaint form will be placed on the website.???There will be an open practice caucus on 15 January 2005 from 1-4 p.m.at MTSU for training purposes.??? Thetraining is open to all.??? There will bea TNNAC Board meeting that morning from 9-12 a.m.??? Discussions are still on-going concerning the splitting ofCommission and Advisory Council elections.???TNNAC is studying the definition of ???Indian preference??? and requests theAdvisory Council???s input.??? The nextTNNAC quarterly meeting will be on 16 October 2004 at MTSU.

David Teat suggested thatthe Recognition Committee discuss and submit a recommendation at the next ACTIAmeeting concerning the request from TNNAC regarding ???Indian preference???.??? Edna Fay agreed that it would be placed onthe next agenda.

The financial report wasgiven by Donna Bivens.??? The balance fromthe last quarterly meeting was $271.65.???The proceeds from the genealogy class in Jackson, TN came to $306.00,making a total of $577.65 less a small charge for printed checks.??? A collection was taken of $31.00, making atotal of $608.65.??? A motion was made andpassed to accept the financial report.

Lee Vest brought up a fundraising suggestion that had been discussed before; the prospect of ushering atone of the NASCAR races.??? He knew ofseveral organizations that had raised quite a bit of money this way.??? Another suggestion was ushering at a Titansgame.

Donna Bivens gave a reportfrom the Education Committee.??? The firstgenealogy class was held in Jackson, TN in August.??? The cost of the class was $20.???There were 54 paying participants.???The presenters were paid $600.??? Theremainder of the fee was kept by ACTIA ($306) after expenses for printedmaterial was deducted.??? Totalattendance, counting volunteers, spouses and presenters, came to 64people.??? November 13^th wassuggested as the next class, to be held in Memphis.??? A class will be scheduled in Nashville after the first of theyear.??? It was suggested by David Teatand Sandi Perry that efforts be made to locate other individuals knowledgeablein Muscogee research to be included in the presentations.??? Sandi Perry suggested that the EducationCommittee meet with the Native American Educational Association to coordinateefforts in standardizing information that is handed out for use in the schoolsystems.??? It was agreed that the organizationsacross the state should try to schedule a meeting in the near future.

There was no report fromthe Health Committee.

There was no report fromthe Legal Defense Committee.

There was no activity fromthe Social/Public Relations/Staff & Support Committee.??? David Teat reported that due to his heavywork load at his office he would like to resign as chairman of thiscommittee.??? He recommended that DaleMitchell be considered as chairperson.???It was suggested by tom kunesh that ACTIA provide an on-line monthlycalendar of events.??? tom kunesh made amotion for a calendar of events be placed on the ACTIA website.??? Motion was seconded by David Teat.??? Motion passed.???

There has been no meetingby the Native Tourism/Native History Committee.??? Dale Mitchell reported that due to having vehicle problems he hadnot been able to get the committee together.???tom kunesh reported the Native American Tourism Map was lost due to acrash of his hard drive.??? He requestedthat anyone who might have the information that he had shared to please sendcopies back to him.???

Lee Vest reported that theArchaeological Advisory Committee was to meet with TDOT on September 11^that 11:30 ??? 12:30.??? Mr. Gerald Kline,supervisor of the Archaeological Office in Nashville will meet with theCommittee members:??? Lee Vest, Tommy Veal,tom kunesh, Edna Fay, Melba Checote Eads, Jo Nicholson, Bill Potts and PatCummings at 1:00 p.m., 9^th floor of the James K. Polk Building indowntown Nashville.??? Mr. Kline will meetthe members in the lobby to escort them through the security check point.

Lee Vest was notified of anauction of land which included a 6,000-yea-old village site.??? There were reports that ???artifacts??? werebeing included in the auction.??? Includedwere the skeleton of an infant and a human jawbone.??? Russell Townsend, the Historical Preservation Officer of theEastern Band of Cherokee arrived on site and was allowed to take possession ofthe remains. The property was bought by a car dealership.??? Certain building restrictions have been set onthe property.??? This site will continueto be watched.

Sandi Perry informed theBoard that the Alliance will be sending out a letter to all media concerningthe display of Native American remains.???The letter will ask that the media refrain from any public display of remains.??? She stated that the law clearly states thatthere will be no public display of human remains except in the situation of aforensic examination.??? Any organizationwhich would like to support this request is invited to do so.

A general discussion ensuedconcerning burials, treatment of remains and the State personnel who areemployed to oversee findings across the state.

David Teat made a motion tobreak for lunch for an hour.??? DaleMitchell seconded the motion.??? Motionpassed.

The Archeological Advisory Committeereport continued.??? tom kunesh presentedthe TN Native American Mound Protection proposal.??? tom gave an estimate of a possible 500 mounds in the State ofTennessee.??? Of these, the state legallyowns around 60 which are on about 3,000 acres of what is considered ???Indianlands???.??? Of these 500, about 85-95% areprobably burial mounds.??? State law saysthat you cannot disturb graves but people still dig into burial mounds notknowing that they are burial mounds.???Since most mounds are on private land, it is legal for owners to diginto a mound until it is revealed that there are burials present, at which timethe state archaeologist is supposed to be notified.??? That usually doesn???t happen.???The proposal is supposedly designed to stop the digging and desecrationof burial and ceremonial mounds.??? tomexplained, at length, the legal ramifications of the proposal.??? There was a long discussion concerning theproposal.?????? David Teat made a motion totable the proposal and send it back to the Archaeological Committee for furtherstudy.??? He asked that the Committee seekinput and suggestions from other organizations and interested parties acrossthe state; getting information on what other states have in place and alsorecommendations from Tribes in the southeast. ???Edna Fay seconded the motion.???Motion passed.

tom presented a NativeAmerican ???Interested Persons??? amendment proposal.??? At the present time, Native Americans have no representation as???interested parties??? in any Native American burials.??? Sandi Perry requested that any proposal concerning disposition ofburials be presented to the Alliance before ACTIA makes a decision to approveand present a proposal for legislation.???David Teat stated that the Archeological Advisory Committee shouldsolicit input and comments from other organizations and interested partiesbefore ANY proposals be brought before the Board.??? Dale Mitchell agreed that the Board should discuss proposals butnot make any definite decision before consulting with other organizations.??? tom kunesh made a motion that theArcheological Advisory Committee is directed to solicit input and comments andreport findings at the next ACTIA meeting.???Dale Mitchell seconded the motion.???Motion passed.

Lee Vest requested thatconsideration been given to securing some type of identification badge orcard.??? David Teat reminded everyone thatACTIA is a private non-profit organization and should not be confused with anyconnection with a state agency.??? Severaldifferent means of identification were discussed and it was emphasized that anyallowances made for ACTIA are done as a ???professional courtesy??? to ???interestedparties??? only.??? ACTIA has no legalauthority.??? It was suggested that a ???Letterof Authorization??? be presented on ACTIA letterhead for identification purposes.

Old Business

There was a discussionconcerning the voting age and separation of election of Commission and ACTIABoard members.??? There was somediscussion about the voting age.??? DavidTeat expressed concern that allowing persons under 18 to vote may be viewed asirregular by some.??? ACTIA, in the main,concurs with TNNAC that the voting age remain at 16.??? Dale Mitchell made a motion that ACTIA recommend to TNNAC thatthe voting age remain at 16.??? DonnaBivens seconded the motion.??? Motionpassed.??? There was discussion concerningthe separation of election of Commissioners and ACTIA Board members and how the???winners??? and ???losers??? are viewed by the public.??? Sandi Perry suggested that the positions be clarified some how sothat people???s perception of the Advisory Council would improve.??? David Teat stated that some people who randid not realize the amount of commitment required.??? If it improves situation and increases participation, thenseparate it.??? Edna Fay stated thatsomeone who runs for the Commission should have the dedication to serve theIndian community and the Advisory Council gives them the additional chance todo so.

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David Teat, as arepresentative of ACTIA, was asked to review the tapes of the Commissionmeeting in Memphis.??? David agreed thatACTIA would help in any way that we could.???David stated that he had not received those tapes but would contactCommissioner Allen in the coming week.???Sandi Perry suggested that ACTIA purchase a good tape deck to use at allmeetings including ACTIA, TNNAC and TCIA.???tom kunesh made a motion that the Advisory Council appropriate $50 toget the tapes of the Memphis Commission meeting professionally assessed as tothe quality of the tape recording and a cost estimate of transcription ofsame.??? An amendment was made to add anadditional $10 to pay for the cost of the tape copies.??? David Teat seconded the motion.??? Motion passed.???

Discussion was enteredconcerning formation of standing rules regarding projects undertaken bycommittees.??? tom kunesh suggested thatany project that uses ACTIA???s name requires the approval of the AdvisoryCouncil or, if the need is immediate, the written consent of 2 officers and anACTIA Board member who is not a member of said Committee.??? Sandi Perry made a motion to adopt thisrule.??? Donna Bivens seconded themotion.??? Motion passed.

Discussion concerningwhether the Committee meetings would be closed or open and whether the minutesof Committee meetings would be made available to the public was entered.??? David Teat had suggested at the lastRecognition Committee meeting that minutes be kept and posted on ACTIA???swebsite.??? Sandi Perry advocated thatcommittee meetings be made open with limited participation by the public.??? Dale Mitchell pointed out that decisionsmade at committee meetings are ultimately brought before the entire Boardduring the regular quarterly meeting before anything is actually done.??? tom kunesh made the point that submittingminutes of committee meetings would involve a lot of unnecessary time andeffort since the final decisions are made by the Board as a whole and thosedecisions will be entered into the minutes of the regular meetings.??? tom also suggested that committee meetingsnot be termed as ???open??? or ???closed??? but be announced to Advisory Council andcommittee members at least 3 days in advance.???tom then proceeded to apologize for presenting several proposals to theBoard before first going through the Archaeological Advisory Committee.??? tom kunesh made a motion that all committeemeetings be announced to ACTIA Board members and committee members at least 3days prior to a meeting.??? David Teatseconded the motion.??? Motionpassed.??? tom kunesh made a motion thatall proposals to the Advisory Council must first be approved by the relevantcommittee.??? David Teat seconded themotion.??? Motion passed.??? Dale Mitchell made a motion to amend thecommittee rule to delete any reference of posting committee minutes to theACTIA website and any other NA message boards.???tom kunesh seconded the motion.???Motion passed.???

Melba Checote Eadspresented a report from the Tribal Recognition/Native History Committee.??? Melba read through suggested changes to theTribal Recognition criteria ??? the addition of definition of ???tribe???, other minorchanges.??? Melba stated that the recognitioncriteria are on the website. There was extensive discussion concerning changesproposed and whether to present these changes to the Commission.??? The question was raised whether there was alaw in the state of Tennessee that made it ???illegal??? to be an Indian.??? This will be investigated further.??? Sandi Perry asked if the criteria onlyapplied to tribes.??? Melba Checote Eadsstated that the Recognition Committee had only reviewed the criteria forhistorical nation, tribes and bands.???The criteria concerning individuals had not been examined as yet.??? The Commission had requested input fromACTIA???s Tribal Recognition Committee and Melba stated that they had beenworking very hard to put something together for a presentation.??? tom kunesh suggested that several words inthe proposed changes needed to be clearly defined.??? David Teat suggested that the discussion concerning proposedchanges be continued on line.???

The need for a logo forACTIA was acknowledged.??? Tommy Vealpresented a design which was called the ???tree of peace???.??? It consisted of three triangles stacked inthe pattern of a pine tree within a circle within a square.??? There was some discussion about the originof the design and the general consensus was that the symbol seemed to beuniversal.??? It was decided that anyoneinterested in the project would investigate and report back at the nextquarterly meeting.???

New Business??????????????????

tom kunesh presented aproposal which had been brought by a missionary to Commissioner John Andersonconcerning submitting a request to the Tennessee State Legislature to issue apublic apology to TN Native Americans, similar to the one being proposed by theFederal government.??? Due to thepotentially charged political climate concerning some of this nature, it wasdiscussed and suggested that Melba Checote Eads contact Senator Harper andRepresentative Kernell to see what the feelings are on the Hill.??? It was decided that the Public RelationsCommittee investigate the proposal and submit a report at the next meeting.

The proposed expansion ofnumber of Commissioners was discussed and since the author of this proposal didnot see fit to attend the meeting it was decided that this was a deadissue.??? Dale Mitchell made a motion to dropthe issue.??? David Teat seconded the motion.??? Motion passed.

tom kunesh reported thatthe review of the TNCIA has been delayed until after the elections inNovember.??? At that time, the Commissioncould possibly be sun-setted.??? Hesuggested that Board members contact Representative Kernell and Senator Harperand express their desire to have the Commission continue.??? tom kunesh made a motion that the officersof ACTIA contact the Government Operation Committee and request the TNCIA beallowed to continue.??? Tommy Vealseconded the motion.??? Motion passed.

Edna Fay submitted herresignation as ACTIA Chairperson effective immediately.??? Due to her school schedule she will beattending classes on Saturday.??? She willstill be on the ACTIA Board.??? DaleMitchell made a motion that we regretfully accept Edna???s resignation.??? Melba Checote Eads seconded the motion.??? Motion passed.??? David Teat, as vice chair, now assumes the position of Chairperson.??? Donna Bivens declined to accept the positionas vice-chairperson, preferring to remain in the position of Secretary/Treasurer.??? Dale Mitchell made a motion that David Teatbe accepted as Chairperson and delay voting for a new vice-chairperson untilthe next quarterly meeting.??? tom kuneshseconded the motion.??? Motion passed.

It was discussed anddecided that any ACTIA Board members who had missed two (2) consecutivemeetings without any type of notice or reason be removed from the Board.??? Those names include:??? Cubert Bell, Jr., Alva Crowe, Virginia AnnShields, Kippy Vaughn and Joice Fickenworth.???tom kunesh made a motion that a registered letter by sent out by thesecretary to these members citing the attendance rule and notifying them thatthey are removed from the Board.??? EdnaFay seconded the motion.??? Motion passed.

David Teat recommended thatDale Mitchell be placed as Chairperson of the Social/Public RelationsCommittee.??? Dale agreed to theposition.??? tom kunesh made a motion thatDale Mitchell be made Chairperson of the Social/Public RelationsCommittee.??? Tommy Veal seconded themotion.??? Motion passed.

It was suggested that theHealth and Legal Defense Committees be left without a Chairperson until ACTIAgains more members.??? It was alsosuggested that ideas for obtaining new members be investigated and the discussionbe placed on the agenda for the new quarterly meeting.??? There are 3 of the 7 at-large positionsfilled at the present time.??? tom kuneshsubmitted the following names for consideration as members-at-large:??? Don Merzlak, Doris Tate Trevino, JeremyMeeks and Jo Nicholson.??? Dale Mitchellsuggested that we consider suspending the rule that a member-at-large had to bean officer in a Native American organization.???Melba Checote Eads made a motion that the membership issue be brought upat the next quarterly meeting.??? DonnaBivens seconded the motion.??? Motionpassed.

Melba Checote Eadsrequested that several people be approved to serve on the Tribal RecognitionCommittee.??? Names submitted were:??? Jackie Yazee and Tony Yahola.??? These people were approved for committeemembership.??? tom kunesh submitted CorkyAllen???s name for membership on the Tribal Recognition Committee.??? The Board approved.

The next quarterly meetingof ACTIA was scheduled for November 27^th.??? The time and place will be announced at a later date.

tom kunesh made a motion thatall committee reports be submitted at least one (1) week prior to the AdvisoryCouncil meeting date.??? Melba ChecoteEads seconded the motion.??? Motionpassed.

The meeting was adjourned.

There was a closing prayer.

These minutes are submittedwith the approval of the Board of the Advisory Council of Tennessee IndianAffairs on 23 November 2004.

Donna Bivens

Secretary/Treasurer

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