Commission Meeting

February 25, 2015

Room 541, Cross Office Building, Augusta

Approved at the 3/25/15 meeting

Commissioners in attendance:  Jamie Bissonette Lewey (Chair), Roy Partridge (State), Bert Polchies (Penobscot), John Banks (Penobscot), Gail Dana-Sacco (State), Joan Nass (State),Matt Dana (Passamaquoddy – Motahkmikuk), Vera Francis (Passamaquoddy – Sipayik), Dick Gould (State)Guests: Jim Matlack, Fitzgerald Putnam, Rep. Henry Bear, Bob CheckowayStaff: Executive Director John Dieffenbacher-Krall Regrets: Linda Raymond, Brian Reynolds Minutes recorded by John Dieffenbacher-Krall.The meeting took place with a quorum.

Introductions

Vera Francis announced this would be her last Commission meeting as the Sipayik representative.  She said the Commission will receive a letter from Chief Moore stating Steven Holmes will be the official Sipayik representative to the MITSC.

Review of agenda

Jamie Bissonette Lewey suggested the 1:30 agenda item, Information requests posed to the MITSC originating from the Commission’s 2/12 presentation to the Judiciary Committee, be considered at the next regular Commission meeting as the MITSC had spent considerable time on the requests during the morning strategic planning discussion.  She also announced Rep. Wayne Mitchell would not be attending the meeting today due to illness.

Consideration of minutes for the 10/21/14, 12/1/14, 1/28/15 meetings

Jamie Bissonette Lewey brought up the minutes for the 10/21/14 meeting requesting any potential changes or suggestions.  None were identified.  Joan Nass moved, Bert Polchies seconded that the minutes for 10/21/14 as presented be accepted by the Commission.  The motion passed unanimously.  Jamie then placed the 12/1/14 minutes before the Commission requesting any potential changes or suggestions.  No Commissioners offered any comments.    Joan Nass moved, Bert Polchies seconded that the minutes for 12/1/14 as presented be accepted by the Commission.  The motion passed unanimously.  Then Jamie asked the Commission to consider the minutes for 1/28/15 and asked if Commissioners had any suggested changes.  No changes were offered.  John Banks moved, Roy Partridge seconded that the minutes for 1/28/15 as presented be accepted by the Commission.  The motion passed with all Commissioners voting in favor of the motion with the exception of Dick Gould who abstained.The Commission requested for future meetings that all meeting materials be emailed a minimum of one week in advance of the meeting.

Report from the Legislative Subcommittee

A report was given on the three bills that the Commission was presenting testimony on while the MITSC meeting was underway, LD 270, An Act To Reduce the Annual High-stakes Beano Fee from $50,000 to $12,500, LD 146, Resolve, Regarding Legislative Review of Chapter 200: Metallic Mineral Exploration, Advanced Exploration and Mining, a Major Substantive Rule of the Department of Environmental Protection, and LD 239, An Act To Create a Permanent Wabanaki Law Enforcement Seat on the Board of Trustees of the Maine Criminal Justice Academy.  Jamie Bissonette Lewey commented if we are offering testimony the Commission needs to rely on previously adopted positions or a consensus position taken through a decision on the particular bill.  Some concern was expressed about how the Legislative Subcommittee was working and the criteria and process being used to arrive at organizational positions on particular bills. Jamie outlined a proposed process for the Commission’s consideration of legislation.  The Commission will not review a bill until the full text is available.  If the Legislative Subcommittee finds MITSC has an already adopted position on the bill, it can authorize the drafting of testimony to be shared with the entire Commission for approval.  Should the Legislative Subcommittee decide that the MITSC should testify on a bill and the recommended stance represents a new position for the Commission, the question of what potential position the Commission should take should be discussed by the full Commission.  Ideally, the discussion would take place in a face-to-fact meeting.  If the scheduling of the public hearing does not allow for consideration during a regularly scheduled MITSC meeting, a special conference call meeting should be scheduled to consider the bill.  All notes of the Legislative Subcommittee’s regular weekly meetings should be shared with the entire Commission.  The Commission agreed that the next meeting of the Legislative Subcommittee should be devoted in part to developing criteria and a process for consideration of legislation and presenting the suggested policy at the next MITSC meeting scheduled for 3/25. Jamie suggested the Commission resume the direction that it began more than a year ago to develop positions on gaming and natural resources.  Once these positions are adopted they can guide future MITSC deliberations concerning any issues related to the subject areas.

Executive Director Report

John Dieffenbacher-Krall stated his Executive Director Report would consist of the financial report.  He referred Commissioners to the report dated 2/24/15.  The report shows year-to-date that the Commission has received $89,137 and spent $48,304.

MITSC budget FY 2015

John Dieffenbacher-Krall asked Commissioners to review the budget document prepared for the meeting.  The Commission is working with a deficit budget.  He reported on the status of LD 234, a supplemental budget bill, that proposes in part the State making an additional payment to the MITSC of $22,500 in addition to the $89,114 already received.  Commissioners deferred action on the budget until the March 25 Commission meeting.

Presentation from the Maine Wabanaki-State Child Welfare Truth and Reconciliation Commission

Jamie Bissonette Lewey welcomed Charlotte Bacon to the meeting.  Charlotte gave an overall report on the progress of the Maine Wabanaki-State Child Welfare Truth and Reconciliation Commission (TRC) to date.  She reported that the TRC will be focusing on writing its report during the month of March.  In April, it will produce an executive summary and recommendations.  Charlotte requested an opportunity to present the executive summary and recommendations to the MITSC during the April meeting.  Charlotte announced the closing ceremony event scheduled for June 14 at Morgan Hill Event Center in Hermon.  All Commissioners will receive an invitation to attend the event.

Discussion of the Violence Against Women Act 2013 and its impact on the Maine Implementing Act

Jamie Bissonette Lewey told the Commission that the Violence Against Women Act 2013 includes significant new authority for Tribal Governments to prosecute non-tribal members when they commit domestic violence crimes on tribal lands.  Jamie believes the Commission needs to understand as fully as possible the need for the tribal provisions included in VAWA.She noted that the National Congress of American Indians (NCAI) was extremely active in advocating for the tribal provisions in VAWA.  It remains active educating people on the new tribal authority in the law since the Act’s passage.  Jamie said part of NCAI’s motivation for its extensive work on VAWA stems from the high level of prosecutorial declensions of domestic violence crimes that take place on tribal lands.  The high rate of declensions creates a greater risk for Native women. Matt Dana announced he had withdrawn his bill addressing VAWA implementation in Maine, and he has joined Rep. Mitchell’s bill, LD 268, An Act Regarding the Penobscot Nation's and Passamaquoddy Tribe's Authority To Exercise Jurisdiction under the Federal Tribal Law and Order Act of 2010 and the Federal Violence Against Women Reauthorization Act of 2013.

Presentation by Judge Eric Mehnert, Penobscot Nation Tribal Court

Jamie Bissonette Lewey welcomed Judge Mehnert to the Commission meeting.  He gave a comprehensive presentation on the efforts of the Penobscot Nation Tribal Court to implement the new Tribal provisions included in VAWA.

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