ADVISORYCOUNCIL ONTENNESSEE INDIAN AFFAIRS

Saturday 19 February 2005

The quarterlymeeting ofACTIA was held on Saturday, February 19, 2005 at Cumberland University in Lebanon, TN.  At 10:30 a.m., Chairperson David Teat called themeeting toorder.  He welcomed everyone to themeeting.  Opening prayer was presented.

In attendance:       

         David Teat – Middle Tennessee

         Donna Bivens – West Tennessee

         Dale Mitchell – Middle Tennessee

         Tommy Veal – Knoxville   

         tom kunesh – Chattanooga

         Melba Checote Eads – Middle Tennessee

         Anita Prevatte – Middle Tennessee

Also presentwere thefollowing Members At Large nominees:

         Don Merzlak – Lakota, Mossheim, Greene County NAIntertribal

         Association

         Doris Tate Trevino – Sewanee, Chikamaka Cherokee, TN Chapter Trail Of

         Tears Association

         Jeremy Meeks – Chikamaka Cherokee

The followingvisitors werein attendance:  Tommy Bivens, LeeTrevino, Jackie Hicks-Burris, Donna Ashley, Pat Merzlak.

The agenda wasreviewed,amended and approved.

COMMITTEEREPORTS

There was noofficialreport available from TCIA.

There was noofficialreport available from TNNAC.

The financialreport wasgiven by Treasurer, Donna Bivens.  Thebeginning balance was $577.22.  Chargesfor the website for December came to $3.95. Application for a State Charter cost $100.  Abook of stamps for general use waspurchased for $7.40.  Charges for thewebsite for January came to $3.95.  Proceedsfrom the Cherokee Genealogy Class held in Memphis on January 29^th brought in$400.  Flowers were sent to Ms. Vann whileshe wasin the hospital for the cost of $32.93. Payment was made of $37.92 for the discounted cost of thewebsite for ayear.  This leaves a balance of $781.07($100 of which is restricted use for NA license art contest).

Melba ChecoteEads presenteda report from the Tribal Recognition/Native History Committee.  The Commission has agreed to present a billto the State as a resolution to recognize the historical tribes of Tennessee.  Tom Kuneshstated that he believed that there would be an amendment proposed atthe nextCommission meeting to change the wording of the resolution.  He also stated that the deadline forpresentation of new bills for this year’s session has alreadypassed and thisresolution will probably be presented next January.

Donna Bivenspresented areport from the Education Committee.  Therehas not been a meeting of the entire committee yet. Another genealogy class was sponsored in Memphis on January 29^th. There were 60 people who attended theclass.  The total income after expenseswas $400.  Proposals have been made foradditional classes to Chattanooga, Knoxville and Nashville.  Favorableresponses have been received from all three areas. No definite plans have been made at thistime.  Information brochures weredistributedfor discussion later in the meeting.

There was noreportavailable from the Health Committee.

There was noreportavailable from the Legal Defense Committee.

Dale Mitchellgave a reporton the status of the Social/Public Relations/Staff & SupportCommittee.  Dale stated that he would likefor someoneelse to take over the responsibility as chair for this committee.

Dale Mitchellreported thatthere had been no meeting of the Native Tourism Committee as of yet.  He was planning to set up a meeting in March.  Through this committee he intends to workwith the TDOT regional working groups. 

Tommy Vealpresented areport from the Archaeology Committee. He had visited the Two Rivers site. He stated that a donation had been made to the Cherokee Nationof $3.5million by the owner of the site for a museum. There are buildings being built now on the higher part of theland.  The lower part of the site is theactualburial grounds.  He had also visited theLittle Cedar Mountain site.  The opinionon it was that they build it without an option and that they create a“greenspace” which would be public domain.  Butthe information disclosed during a meeting indicated that the sitewould onlybe used by the owners of the property. This is not the correct definition of a “greenspace” if it isrestricted admission.  The developers areusing the law to get the property as a “green space” butlocking it away fromthe general public.  An impact survey isunderway in the area at this time.  TomKunesh reported that the archaeological survey had been completed.  The survey was to have covered 600 acres andwas completed in 10 days with a team of 8 or less people on site.  The report was due out on this Tuesday.  It was noted that prior surveys of the sitehave not been cited and general consensus being that this is anincompetentsurvey.  Tommy Veal proposed that theletter of the law be imposed stating that there be 2 Native Americanobserverspresent during the survey process.  Healso stated that the island that the developers were offering in the“trade”for the proposed development site was technically Indian land as statedbyFederal law.  The Chairperson suggestedthat ACTIA call a special meeting concerning this issue. Tommy Veal was charged with setting up ameeting with all interested parties with the next 30 days to determinepublicopinion and what action ACTIA needs to take.

John Hedgecoth,chairpersonof the Operational Procedures Committee was unable to attend today duetovehicle problems.  He did send somerecommendations to be reviewed during New Business.

David Teatpresented areport and comments from the Chair.  Hesuggested that once a year, at the time of the election of officers,that theChair present a “State of the Advisory Council” address.  This would include a report on theyear’sactivities, progress that has been made and comments of things that areproposed for the coming year.  Hesuggested that ACTIA consider changes in the bylaws pertaining to therequirements for member’s at large positions. He also suggested that ACTIA look at the structuring of theAdvisoryCouncil, i.e. should it be all board members or should there be amembershipand a 7 member board of directors chosen from the total membership.  Several people have offered ideas concerningthe restructuring/reorganization of ACTIA. The issue needs to be addressed as to how best to maintain ademocraticstructure while insuring continued growth of the organization.  ACTIA needs to maintain a sufficient staff tobe effective in their objectives.  Davidreminded the members that ACTIA had made a recommendation to theCommissionregarding criteria required of an organization to be recognized aslegitimateAmerican Indian organizations.  As such,ACTIA needs to comply with these criteria. He also suggested that ACTIA make time for public comment duringthequarterly meetings.  Finally, hesuggested that ACTIA begin working in conjunction with the Commissionon ideasfor legislation for next year. 

Donna Bivenspresented a“thank you” from Mrs. Van Lynch for the flowers that weresent while she was inthe hospital.

OLD BUSINESS

A revisit wasmaderegarding the suspension of the Standing Rules pertaining toappointments ofmembers at large.  Discussion was enteredconcerning By-Law changes to address filling of “at-large”positions.  By-Laws cannot be suspended.  It requires 6 months to enact changes.  I was noted that in order to make changes toBy-Laws, the change has to be read at two regular meetings and voted onat thethird meeting.  A motion was made by DaleMitchell to resend the improper suspension of the By-Laws made at thelastregular meeting.  Donna Bivens secondedthe motion.  Motion carried.

A discussionwas enteredconcerning changing the By-Laws pertaining to the requirements ofmembers-at-large.  The present By-Lawsstate:

         ARTICLE 4. MEMBERSHIP

(1)     TheAdvisoryCouncil on Tennessee Indian Affairs shall be governed by a board ofdirectorsthat shall consist of no more than thirty-first (35) members as follows:

(c)  Up toseven (7) members-at-large who areelected leaders of Native American organizations in Tennessee that haveexistedfor more than four (4) years, elected by the ACTIA board members.

Dale Mitchellmade a motionto amend Article 4 (1) (c) to read:

(c)     Upto sevenmembers-at-large, elected by the ACTIA board members,

whomeet the following criteria:

(i)                Firstconsideration will be given to Native American people who are residentsof Tennessee and in leadership positions in aTennessee NativeAmerican organization that has been established for at least four (4)years;

(ii)              Secondaryconsideration will be given to other members and supporters of theIndiancommunity who are residents of Tennessee and who have shown an interest andwillingness towork for the betterment of the Native American community in Tennessee.

The discussionthen shiftedto the possible restructuring of the ACTIA board in order to meet theguidelines defining the recognition of a legitimate Native Americanorganization.  Since these guidelines weresubmitted by the Recognition Committee to the TCIA it was decided thatit wasimperative that ACTIA itself meet these criteria.  Thesubmitted proposal stated that the boardof directors of the organization shall consist of 51% or moreverifiably AmericanIndians.  In order to meet thisrequirement, it was suggested that ACTIA membership elect a Board ofDirectorsof seven (7) individuals who meet this criteria.  Outof those seven (7) the officers will bechosen.

Tom Kunesh drewa diagramshowing how the ACTIA board members were selected during the caucus andtheelection process for officers at the present time and the proposedchanges.  At this time the discussionveered into the election process and the changes that had beeninstituted byTNNAC and the effect that this would have on the ACTIA membership.  David Teat reminded everyone that the role ofACTIA was to assist the TCIA in any of their programs and also to actas aconduit from other organizations and individuals across the state tothe TCIA.  Tom Kunesh made a motion thattherecommendation concerning the formation of an ACTIA Board of Directorsbetabled and given to the Operational Procedures Committee to come upwith aproposed amendment to the By-Laws which would address the requirementsof beingrecognized as a Native American organization. Donna Bivens seconded the motion. Motion passed.

The threenominees formembers-at-large were introduced and asked to make a short introduction.

Don Merzlak,Lakotapresently resides in northeast Tennessee.  He hasbeena member of the Greene County NA Intertribal Association for the last 5years.  He has done extensive work tryingto rid schools of NA mascots. 

Doris TateTrevino,Sewanee, Chickamaka Cherokee is from southeast Tennessee.  She is amemberof the TN Chapter of the Trail of Tear Association. She has served 2 terms as President of theAssociation. 

Jeremy Meeks,ChickamakaCherokee lives in middle Tennessee.  He teachestraditional dancesand songs.

Melba ChecoteEads made amotion that the three nominees be considered as members-at-large onACTIA.  Dale Mitchell seconded the motion.  Motion carried.

All of thesenominees couldbe confirmed at the next meeting.

Lunch Break

Tommy VealintroducedJackie Hicks-Burris and asked that she be considered for membership ontheArchaeology Advisory Committee.  Jackieis of Cherokee descent with guidance received from Menominee and Oneida elders.  Amotion was made by Dale Mitchell to accept Jackie as a member of theArchaeology Advisory Committee.  It wasseconded by Donna Bivens.  Motioncarried.

Donna Bivensasked forassistance in compiling the paperwork required to apply for the 501(c)3status.  Jeremy Meeks and Tom Kunesh wereasked to assist in the wording of the application since they had bothsuccessfully completed and filed forms for other organizations.  They both agreed to assist. Dale Mitchell made a motion to allow Jeremyand Tom to assist with the application. Donna Bivens seconded the motion. Motion carried.

The proposedACTIA logo andwebsite was discussed.  The new websitedesign has been made available for viewing. One of the additions will be an event calendar. The webpage will also be available by phonelink.  It was also suggested that a photoof every member of ACTIA be placed on the website. Jeremy Meeks suggested a link on the frontpage to future archives of minutes.

The basicdesign of theproposed logo was discussed and suggestions were made by several peopleconcerning changes.  Tom Kunesh made amotion that the logo be approved as follows: the word ACTIA in Palatino red italic contained within theboundaries ofthe state and that the eagle feather extends from the northeast to thesouthwest with no breaks in the feathering. The state will be white with a dark blue shadow. Motion was seconded by Donna Bivens.  Motioncarried.

NEW BUSINESS

The annualscheduledelection of officers was conducted in keeping with the ACTIA By-Laws.

Donna BivensnominatedDavid Teat for chairperson.  There wereno other nominations.  David Teat wasre-elected unanimously.

Dale MitchellnominatedJohn Hedgecoth for vice-chairperson. There were no other nominations. John Hedgecoth was elected unanimously.

Tom Kuneshnominated DonnaBivens for secretary/treasurer.  Therewere no other nominations.  Donna Bivenswas re-elected unanimously.

There was adiscussionconcerning appointment of assistants to the secretary/treasurer.  Donna Bivens suggested that someone should beable to step into the position in the event of her not being able tofulfillher duties.  Dale Mitchell volunteered tobe an assistant secretary.  JackieHicks-Burris also volunteered to assist. Tom Kunesh made a motion to appoint Dale Mitchell and JackieHicks-Burris as assistants to the secretary/treasurer. Tommy Veal seconded the motion.  Motioncarried.

David Teatstated that JohnHedgecoth had submitted some suggestions from the OperationalProceduresCommittee regarding handling of complaints, conflict resolution andACTIAprocedures.  Since no one had a chance tostudy the suggestions, it was decided that the ideas would be tableduntil suchtime that John could present them to the Board. Dale Mitchell made a motion to table the discussion.  Tom Kunesh seconded.  Motioncarried.

Tom KuneshpresentedTNNAC’s new application and the changes that have been made whichmay affectACTIA.  He also outlined the TNNACelection procedures which were established during the SOP training.

Tim Meeks hadsubmitted byemail a proposal for individual recognition criteria. Tom Kunesh read this email, “Meeksrecognition proposal 18Feb05”.  DavidTeat stated that the Recognition Committee would be looking into thesuggestions voiced in this message. Doris Tate Trevino stated that the TCIA “1796”amendment to tribalrecognition is ludicrous.  Tom Kuneshmade a motion to advise TCIA to strike that amendment. It was seconded by Dale Mitchell.  Motionpassed unanimously.  Tom Kunesh was chargedwith drafting a letterto submit to the TCIA.

The status ofACTIA’smembers-at-large was reviewed.  ACTIApresently has 3 members-at-large:  JohnSmith, Ray Emanuel and Melba Checote Eads. There were an additional 3 members nominated for positions today:  Don Merzlak, Doris Tate Trevino and JeremyMeeks.  It was suggested that the remainingseat be held until we receive a decision from Jo Nicholson. 

The possibilitywasdiscussed to invite the “Aztlanahuac: MesoAmerica inNorth America Map Exhibit” to Tennessee.  Tom Kuneshreminded everyone that the ceremonial complexes found in the southeastwereevidence of major influences of MesoAmerica in thearea.  Tom has contacted the presentersto see if they could possibly have the exhibit somewhere in Tennessee.  They haveyet to reply.  Tom Kunesh made a motionto present a proposal to sponsor this program by the next meeting.  Dale Mitchell seconded the motion.  Motion carried.

Donna Bivensdistributed abrochure: “Answers to Questions about Native Americans in Tennessee” which had been compiled by TomKunesh and that shehad been distributing at the genealogy classes. She asked that ACTIA assume sponsorship of the brochure, underACTIA’sname, after several minor revisions were made. Donna Bivens made a motion that Tom Kunesh make revisions on thebrochure and submit them for approval on line. Tommy Veal seconded the motion. Motion carried.

Tom Kuneshpresented aresolution for the discontinuation of Indian mascots in the state of Tennessee.  It wassuggested that some additions and revisions be made to the resolutionand it bepresented to the Commission with ACTIA’s recommendation forpassage.  Tom Kunesh made a motion that theresolutionbe passed on to the TCIA for consideration. Donna Bivens seconded the motion. Motion carried.

The nextregular meetingwas scheduled for Sunday, 17^th April 2005 at a location to be announced at 12:00 noon.

Motion wasmade, secondedand passed to adjourn.

These minutesare submittedfor approval by the ACTIA Board on May 11, 2005.

Donna Bivens,Secretary/Treasurer