Meeting Minutes
Maine Indian Tribal-State Commission Meeting
December 9, 2015
(approved at the 3/22/16 meeting)
Commissioners in attendance:
Jamie Bissonette Lewey (Chair), John Banks (Penobscot), Joan Nass (State), Steve Holmes (Passamaquoddy Tribe - Sipayik), Bert Polchies (Penobscot), Roy Partridge (State), Brian Reynolds (Maliseet), Matt Dana (Passamaquoddy Tribe – Motahkmikuk by phone)
Regrets: Dick Gould, Linda Raymond
Others in attendance: Robert Checkoway, Jim Matlack, Diane Oltarzewski, Greg Sample
Minutes recorded by John Dieffenbacher-Krall.
The meeting took place with a quorum as provided under MITSC Bylaw I.F.
No changes were made to the agenda.
Roy Partridge moved, Joan Nass seconded to approve the minutes for 10/19/15 as presented. The motion passed unanimously with Brian Reynolds abstaining from the vote.
John Dieffenbacher-Krall referred Commissioners to the income/expense statement prepared for the meeting. As of 12/1/15, the Commission had received $124,137 and spent $28,078 leaving a balance of $96,059. The Commission is also carrying forward a balance from the previous fiscal year of $13,619 leaving approximately $109,678 cash on hand.
John Dieffenbacher-Krall also gave a report on fundraising. He reported that the Broad Reach Fund grant award of $10,000 had been received and deposited. The Betterment Fund declined to fund the Commission’s grant application. John told the Commission that the best near-term additional funding prospect for the Commission is the Elmina B. Sewall Foundation. The deadline for a grant application is 1/15/16.
John Dieffenbacher-Krall then reviewed the MITSC FY 2016 Cash Flow Projection based on MITSC income as of 11/30/15 and projected expenses for the remainder of the fiscal year. The Cash Flow Projection assumed a reduction in the Executive Director’s contracted hours to 10 hours per week effective January 1, 2016.
Bert Polchies moved that the Commission go into executive session at 10:30 to discuss the Executive Director’s contract. Roy Partridge seconded the motion. It passed unanimously. Joan Nass moved that the Commission leave executive session at 10:50 am. Bert Polchies seconded the motion. It passed unanimously.
Bert Polchies moved that the Commission enter into a contract with John Dieffenbacher-Krall for the delivery of services for an average of 10 hours per week effective January 1, 2016 through June 30, 2016. Roy Partridge seconded the motion. The motion passed unanimously.
During the summer of 2015, Jamie Bissonette Lewey met with all of the Wabanaki Chiefs. The Chiefs expressed concerns about MITSC’s ability to exercise its jurisdiction over MITSC waters. This is one of the issues that the Commission wants to raise directly with the Bureau of Indian Affairs. A letter was sent to the incoming director of the BIA Eastern Regional Office in August. The Commission has received no response to that letter. In November, Jamie Bissonette Lewey and John Dieffenbacher-Krall had a conference call meeting with Chief Commander. She recommended that the Commission appeal directly to the Assistant Secretary of Indian Affairs, Kevin Washburn. An added benefit of this approach is the Houlton Band of Maliseet Indians have already made a request to Secretary Washburn to meet with them in Maine, creating a potential opportunity for the Commission to arrange a meeting with the Secretary in-state. Jamie reported that she has asked Bob Checkoway to work on helping to schedule a Commission meeting with the Assistant Secretary of Indian Affairs.
Jamie Bissonette Lewey gave some background on MITSC waters. She stressed that the Commission has proceeded very carefully in this area. There is a deep sensitivity concerning the classification and associated jurisdiction of waters as it goes to the heart of Tribal identity. There are disagreements concerning reservation waters and MITSC waters. Jamie described the Commission’s historical role in this area as a facilitator of the conversation between the Tribes and the State.
To advance the discussion and MITSC’s collective knowledge of the issues involved with the classification of various waters, Jamie asked the Maliseet, Passamaquoddy, and Penobscot Commissioners along with anyone else they want to invite to come to the January 2016 Commission meeting prepared to talk about waters. Jamie is hoping the presentations will include information on the names and locations of the waters and where conflicts over jurisdiction exist. She seeks a general presentation. Jamie envisions the presentations will inform the Commission about 1) Passamaquoddy and Penobscot waters, 2) Maliseet waters, and 3) a strategic discussion and understanding of what each governmental stakeholder wants in regards to the classification and jurisdiction over waters.
John Banks referenced a MITSC meeting that occurred in 2006 during which the topic of jurisdiction over certain waters came up. John Dieffenbacher-Krall was asked to email the minutes of the meeting in question to the entire Commission.
Jamie Bissonette Lewey recognized Greg Sample to address the Commission. Greg believes the Commission could devolve its authority over MITSC waters to the Passamaquoddy Tribe and Penobscot Nation through a contractual agreement without amending the Maine Implementing Act. Jamie asked Bob Checkoway to speak to Greg about administrative avenues to change fishing rule authority.
Bert Polchies moved and Steve Holmes seconded a motion for the Commission to enter executive session for the purpose of discussing the responses to the MITSC RFP. The motion passed unanimously at 12:03 pm.
Roy Partridge moved and Bert Polchies seconded a motion for the Commission to end executive session. The motion passed unanimously at 12.59 pm.
Bert Polchies moved and Joan Nass seconded a motion to hire a researcher to implement the MITSC research project as described in the MITSC RFP contingent upon receiving positive responses from the individual’s references. It passed unanimously.
The Commission scheduled its next meeting for January 27, 2016 to take place at Indian Island from 9 am until 3 pm. John Dieffenbacher-Krall was asked to work with John Banks to secure a suitable meeting location. The morning portion of the meeting will consist of presentations on fisheries.
The MITSC retreat was scheduled for March 29 and 30 at a location in Augusta. Commissioners should expect to arrive in the early afternoon on March 29, work through the afternoon and evening, and reconvene early the next day for a full day of work.
John Banks moved, Bert Polchies seconded a motion to adjourn. It passed unanimously.
Stay current on Tribal-State relations, legal developments, resources, and stories from our communities.
We respect your privacy and do not share your information with anyone.
