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Commission Meeting
March 16, 2009
Parker Reed Room, Schair Swenson Watson Building, Colby College, Waterville
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Attendance
Attendance: MITSC Commissioners Denise Altvater (Passamaquoddy Tribe – Sipayik), Paul Bisulca (Chair), Greg Cunningham (State), Mike Hastings (State), Paul Jacques (State), James Nimon (State), Linda Raymond (Houlton Band of Maliseet Indians), Brian Reynolds (Houlton Band of Maliseet Indians), Donald Soctomah (Passamaquoddy Tribe – Motahkmikuk)
Staff: Executive Director John Dieffenbacher-Krall
Guests/Participants: Chief Victoria Higgins, Aroostook Band of Micmacs, Brian Altvater, Richard Dyer, Lydia Moland, Janice Kassman
Minutes recorded by John Dieffenbacher-Krall.
The meeting took place with a quorum with official business conducted.
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Upcoming Colby College student contingent conducting Early College Awareness sessions with Wabanaki students as part of the Wabanaki/Bates, Bowdoin, &
Paul Bisulca introduced Janice Kassman, Special Assistant to the President for External Affairs, who coordinates Colby College’s involvement in the Wabanaki/Bates, Bowdoin, and Colby College Collaborative (WBBC). Paul Bisulca explained that the WBBC originated with a meeting he and Jim Sappier, then Penobscot Nation Chief, had with top leaders of Bates, Bowdoin, and Colby in September 2006. The three colleges expressed a desire to admit more Wabanaki students. Paul Bisulca shared his goal to see more Wabanaki students admitted to such prestigious schools.
Janice Kassman gave a quick overview of the WBBC noting that it was formalized at a May 18, 2007 meeting that took place at Indian Island attended by all three college presidents and leaders and/or representatives of the five Wabanaki Governments. Janice Kassman explained that WBBC is commencing on its second year of programming with the second round of the Early College Awareness initiative designed for 4th to 8th grade Wabanaki students. The Early College Awareness initiative involves groups of Bates, Bowdoin, and Colby students visiting with Wabanaki students during separate weeks in the spring at all five Tribal communities. The purpose of the visits is to encourage Wabanaki students to view going to college as their personal goal and to help them better understand what a college experience is like and some of the preparation they need to gain admission to college. Colby College students will work with Wabanaki students during the week of March 23. Janice asked the Wabanaki representatives in attendance about getting permission to work with the media to get press coverage of the upcoming week’s activities. Chief Higgins gave her consent. Brian Reynolds said to follow up with him later.
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Consideration of MITSC meeting minutes
Paul Bisulca introduced the agenda item for consideration of the 2/5/08, 4/9/08, and 9/3/08 minutes. Paul Bisulca stated that Donald Soctomah wanted to make a change to the 2/5/08 minutes under the section “Consideration of LD 1957, An Act To Restore Diadromous Fish in the St. Croix River.” The minutes currently read, “Donald Soctomah replied I don’t know but it will not be a Tribal position. The Passamaquoddy leaders will be speaking as individuals.” Donald wants to end the sentence after “know” eliminating everything that follows. The amended minutes would read, “Donald Soctomah replied I don’t know.” Paul Bisulca stated removing these words changes a lot historically. MITSC had attempted for more than a year to have the Passamaquoddy Tribe state whether it had a position on the restoration of sea-run alewives in the St. Croix River. I only proceeded to a MITSC vote understanding that the Passamaquoddy Tribe had no position on LD 1957. Paul Bisulca asked why are we taking this action now?
Donald Soctomah replied I don’t know if Governor Nicholas was speaking as an individual or in his capacity as Tribal Governor. Paul Jacques wanted to clarify the requested change. Donald confirmed he wanted the sentence to end after “know” eliminating everything else that follow.
Denise Altvater stated Pleasant Point has taken a different position than the one adopted by Governor Nicholas. The Sipayik Tribal Council adopted a resolution February 17, 2009 stating, “we make it known that the Passamaquoddy at Pleasant Point are in favor and support the alewives run up the St. Croix River which is also known as the Passamaquoddy River.”
Mike Hastings moved, Paul Jacques seconded that the minutes for 2/5/08 be approved with the amendment requested by Donald Soctomah. The motion passed with Paul Bisulca voting against it and Denise Altvater abstaining.
Following the vote, Greg Cunningham asked can we have a discussion about our policy governing changes to the minutes. These minutes are a historical record. We shouldn’t change the minutes because after the fact someone doesn’t like them. Minutes changes should only be done if something wasn’t accurately recorded. Greg Cunningham further stated that today is not the occasion but at a future MITSC meeting he would like to see consideration of a bylaw for amending the minutes.
Mike Hastings said there are lots of ways of recording minutes. I agree with everything that Greg Cunningham said but in this instance the change to the minutes doesn’t alter the history of the meeting. Denise Altvater remarked she is surprised how archaic you are. You don’t digitally record the minutes. Jim Nimon agreed with Denise Altvater that the minutes should be recorded.
Mike Hastings moved that the 4/9/08 minutes be approved as presented. Paul Jacques seconded the motion. It passed unanimously with Denise Altvater abstaining.
Mike Hastings moved that the 9/3/08 minutes be approved as presented. Paul Jacques seconded the motion. It passed unanimously with Denise Altvater abstaining.
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Consideration of MITSC position on pending State of ME legislation
A. An Act To Change the Membership of the Maine Indian Tribal-State Commission To Add Seats for the Houlton Band of Maliseet Indians and the State
Mike Hastings moved, Paul Jacques seconded that MITSC support the pending legislation to add the Houlton Band of Maliseet Indians to MITSC with the State of Maine getting a comparable number of additional seats. Mike Hastings commented that he would like the minutes of this meeting to reflect that MITSC has been welcoming the participation of the Houlton Band of Maliseet Indians in MITSC since September 2007. The motion passed unanimously.
Following passage of the motion, Mike Hastings stated that he has a long-term concern of MITSC becoming too big. If we have four Tribes with two representatives each, it would result in MITSC having 16 Commissioners plus the chair. Consideration should be given to one representative for each Tribe.
Donald Soctomah responded it has always been the Passamaquoddy position that each community is separate and entitled to direct representation. Paul Jacques said he is keeping an open mind on the issue for the future. Right now I am comfortable with 8 – 12 Commissioners. I could see 16 Commissioners working depending on the players. I also could see 16 Commissioners being a problem.
Denise Altvater said that the alewives issue illustrates that the Passamaquoddy are really two Tribes. The two Tribal Governments often have different positions though we do some things jointly. Each reservation has separate councils and chiefs.
Mike Hastings asked if the Passamaquoddy can pick a single representative to the Maine Legislature, why couldn’t you do it for MITSC? Denise Altvater responded that ideally the Passamaquoddy Tribal Representative would also serve as the Tribe’s MITSC representative. Paul Jacques commented that he would like the Passamaquoddy Tribe to work out the issue of its representation to MITSC and then present its preferred solution to MITSC.
Denise Altvater asked is there a requirement for bylaws? Several MITSC Commissioners responded the bylaws are based on the Maine Implementing Act language found in State of Maine law.
B. LD 526 An Act To Clarify the Beano and Bingo Laws as They Apply to Federally Recognized Indian Tribes
Paul Jacques opened the discussion by requesting an explanation of LD 526. Paul Bisulca answered Indian Territory only applies to the Passamaquoddy Tribe and Penobscot Nation. Indian Territory comprises reservation land and trust lands. Then there is Albany Township, which is Passamaquoddy trust land but it is not part of the Passamaquoddy Indian Territory. Donald Soctomah said the problem that is going to evolve from this bill as written is Albany Township. Donald Soctomah referred to an email from Jeffrey Rosenblatt suggesting an amendment to the bill to specify that Maliseet trust land is eligible for high stakes bingo.
Mike Hastings moved that MITSC bylaw II.D be waived for the purpose of agenda items IV.A and IV.B. Paul Jacques seconded the motion. It passed unanimously. Paul Jacques moved that MITSC support LD 526, An Act To Clarify the Beano and Bingo Laws as They Apply to Federally Recognized Indian Tribes. Denise Altvater seconded the motion. It passed unanimously.
C. LD 445 An Act To Improve Tribal-State Relations
Mike Hastings announced that he had put this item on the agenda because the Chairs of the Judiciary Committee, Senator Larry Bliss and Representative Charles Priest, wanted to know MITSC’s position on the bill. Donald Soctomah stated LD 445 allows the Tribes to enter agreements with local, county, or state governments.
Mike Hastings asked do any Tribal representatives see any reason to oppose this? The Tribal representatives answered no, we see no Tribal concerns. Mike Hastings then asked the Tribal representatives whether they wanted an opportunity to go back to their Tribal Councils to ask their thoughts on the bill. Denise Altvater responded that she has been given authority to make decisions as long as she keeps the Sipayik Tribal Council informed.
Greg Cunningham read the Purpose section, Title 30A, §2201.
§2201. Purpose
It is the purpose of this chapter to permit public agencies, as defined in section 2202, including, but not limited to, municipalities, counties, school administrative units and state agencies, to make the most efficient use of their powers by enabling them to cooperate on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of communities.
Mike Hastings moved that MITSC waive bylaw II.D for the purpose of considering LD 445. Paul Jacques seconded the motion. Donald Soctomah stated I want to clarify which Tribes want LD 445 to apply to them. The Maliseets said yes. The Passamaquoddy Tribe said yes. The Aroostook Band of Micmacs said no. Donald Soctomah said that I want to take this back to Charlie Priest. The motion to waive MITSC bylaw II.D to consider LD 445 passed unanimously.
Mike Hastings moved to support LD 445 as presented. Paul Jacques seconded the motion. It passed unanimously.
D. LD 796 An Act To Direct Fines Collected on Tribal Lands to the Passamaquoddy Tribe and the Penobscot Nation
Donald Soctomah said LD 796 is a bill that I have been working on since last session. This will give Tribal Courts parity with State Courts. Last year I met with Judge Charles LaVerdiere, Deputy Chief Judge, Maine District Court, and his court administrator, to discuss this issue. Two months of work ensued.
Paul Jacques inquired have they told you what the fiscal note will be on this? Donald Soctomah replied they initially said it would be $100,000. They went back to the drawing board. They then came up with $10,000.
Richard Dyer asked a question about hunting and fishing violations. Donald Soctomah answered that the Passamaquoddy wardens have told him they currently have an agreement with Inland Fisheries and Wildlife that fines collected due to law enforcement work originating with the Passamaquoddy Warden Service go back to the Tribe.
Paul Bisulca said one of the problems we will have with the Fish and Wildlife Department is for violations committed on the Penobscot River. The bill creates a question about ownership of the Penobscot River. Paul Bisulca continued that the problem is the boundaries of Penobscot Indian Territory are not clear.
Mike Hasting asked Donald Soctomah in your view will passage of this bill lead to more litigation or less? Donald Soctomah answered the same.
Paul Jacques commented we had some issues on the Penobscot River last fall with duck hunters putting decoys on the River. The Penobscot Nation claimed that the hunters needed Penobscot permission to do it. Greg Cunningham said we are not going to correct the vagaries of State law. Why can’t we approve this recognizing in some instances fines or summonses issued might require discussion concerning who collects the money?
Paul Bisulca remarked throwing out the trust lands won’t resolve the dispute. The trust lands are surveyed with agreed upon borders. The problem is with the reservation lands.
Jim Nimon asked what would motivate us to support this? Paul Jacques responded fairness. Denise Altvater asked is the border issue more land or water? Paul Bisulca answered water. Donald Soctomah suggested that the bill could be amended to limit it to Tribal police. He then announced that he intended to introduce an amendment to limit the effects of LD 796 to reservation land and Tribal police.
Mike Hastings moved to waive MITSC bylaw II.D to allow consideration of LD 796. Paul Jacques seconded the motion. It passed unanimously. Paul Jacques moved to have MITSC support LD 796. Mike Hastings seconded the motion. It passed unanimously.
E. LD 797 An Act To Fully Implement the Legislative Intent in Prohibiting Offensive Place Names
Paul Bisulca began the discussion with some background on LD 797. The Piscataquis County Commissioners wrote to Governor Baldacci in the summer of 2006 stating they wanted to revert to offensive place names used prior to 2000. The reason they cited for seeking this change was the fact they had complied with the Offensive Place Names Law and other communities had not. After the Piscataquis County Commissioners letter became public, its revelation caused MITSC to investigate compliance with the Offensive Place Names Law. We found three communities had not complied – Standish, Stockton Springs, and Washington County. Two cooperated with our request to change the offensive place names. Stockton Springs was the holdout. We mounted a campaign to persuade Stockton Springs to not change their three offensive place names from squaw to squa. We succeeded. The local homeowners association, the Squaw Point Association, does not accept the decision. It has proposed an amendment to the local 911 street naming ordinance to give abutters to private roads the right to name them. We want to block them with the passage of LD 797 if they pass the ordinance at the town meeting on June 20.
Paul Jacques moved to waive MITSC bylaw II.D to allow consideration of LD 797. Linda Raymond seconded the motion. It passed unanimously. Denise Altvater moved that MITSC support LD 797. Jim Nimon seconded the motion. It passed unanimously.
Greg Cunningham asked could we find out about the registering of corporate names with the Secretary of State? Paul Jacques agreed to raise the issue with Secretary of State Matt Dunlap.
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Discussion of possible MITSC policy for non-attending Commissioners
Paul Bisulca initiated the discussion. Since the establishment of MITSC, at least three times one or more of the Tribes have walked out of Commission. Each walkout has hindered MITSC. It has also hurt the Tribes themselves. When a Tribe or Tribes pull out, it cripples MITSC’s ability to function.
What I would like to be able to do is develop a process for identifying the problem of non-participation to the signatory in question. If nothing happens on the part of the signatory, MITSC should have the power to take action. Greg Cunningham has done some research on this. Greg Cunningham said assuming that the legislation adding the Maliseets to MITSC becomes law the Commission’s quorum requirement is a possible tool. If we used the quorum tool, we would want to put some limitations on it. We would want to avoid taking action on an issue that would particularly affect a signatory in their absence. Under such a scenario, we could conduct other business.
Paul Jacques declared that I said at the September 3, 2008 meeting if a Tribe is not represented, I don’t want to act on any business that affects that Tribe. I will work on the business of those participating Tribes. Mike Hastings said three times in the last decade signatories to MITSC have decided that they want to withdraw their participation in the Commission. MITSC should have the ability to drop its quorum depending on the number of signatories participating. When signatories decide to leave MITSC, the head of the withdrawing government should have to notify the other governments.
Donald Soctomah said it was hard for me to come here today. I wanted to support the Penobscots. MITSC doesn’t, shouldn’t have the authority to take any action.
Greg Cunningham stated when I first joined MITSC it did not meet for 16 months. I was on the verge of submitting my resignation. I am now in that place once again. Walking out of MITSC does not send any political statement.
Denise Altvater asked are the Penobscots coming back? Jim Nimon said I’d like MITSC to be having this discussion with the Penobscot Tribal Council. Paul Bisulca replied that we met with the Penobscot Indian Nation Government on October 21, 2008. I explained to them that MITSC is not part of the State of Maine. I don’t know if the Penobscot decision to withdraw from MITSC is permanent.
Denise Altvater said I support what the Penobscots did. I would oppose amending the legislation to exclude the Penobscots. I support changing the quorum requirement so my Tribe can fully realize the benefits of belonging to MITSC. Paul Jacques stated I agree with Denise Altvater. I didn’t seek this position. The Governor’s Office recruited me. There are a lot of other things that I could be doing. This work is important. We should act for the people participating.
Greg Cunningham suggested that the safest way to proceed is to change the quorum requirement or establish an active/inactive status through legislation. That will take time. We could risk doing a bylaw change.
Paul Bisulca said my intent for putting this on the agenda was to have the benefit of this discussion. I intend to write to Chief Francis. Paul Jacques asked that Commissioners see the letter before it is sent. Paul Bisulca replied that they would. We will discuss this at the next MITSC meeting with some options for action. The Penobscot absence is hurting MITSC. If MITSC is not around, questions arise about fishing regulations on MITSC waters and acting on requests for putting land into trust.
Greg Cunningham said even if we reconvene in two months with everyone participating, I still see in the future signatories using their potential withdrawal as a weapon. We should follow through on this work. Paul Bisulca said I agree. People should reflect on this discussion.
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Other business
Paul Bisulca asked what else do we need to do in the time remaining? Paul Bisulca mentioned to the group the upcoming presentations by Henry Sockbeson and Maine Attorney General Janet Mills to the Judiciary Committee scheduled for March 19.
Donald Soctomah announced that LD 30, An Act To Establish Native American Veterans Day, passed the Legal and Veterans Affairs Committee. Donald Soctomah also said I have submitted bills looking at the health and economic disparities of the Passamaquoddy Tribe.
Mike Hastings suggested we could have a conference call if something that we have already started discussing needs further action.
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