Commission Meeting

January 28, 2015

Conference Call

Approved at the 2/25/15 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)Guests: Maria Girouard, Jim Matlack, Corey Hinton, Fitzgerald Putnam, Rep. Henry Bear, Diane OltarzewskiStaff: Executive Director John Dieffenbacher-Krall Regrets: Linda Raymond, Brian Reynolds, Richard Gould, Vera FrancisMinutes recorded by John Dieffenbacher-Krall.The meeting took place without a quorum.

Consideration of minutes for the 12/1/14 meeting

Jamie Bissonette Lewey brought up the minutes for the 12/1/14 meeting requesting any potential changes or suggestions.  None were identified.  Action on the minutes was tabled as the Commission did not have a quorum.

Executive Director Report

John Dieffenbacher-Krall reviewed the highlights of his written Executive Director Report.

Legislation under consideration by the 127th Maine Legislature

Representative Henry Bear was the first Tribal Representative to present his bills.  The bills that he has introduced include LR 244 An Act To Provide for the Licensing of a Casino Owned by the Maliseet Tribal Government on Tribal Lands in Aroostook County, LD 245, LR 367 An Act To Rename B Stream in Houlton as Captain Ambrose Bear Stream, LR 631 RESOLUTION, Proposing an Amendment to Article X of the Constitution of Maine Regarding the Publication of Maine Indian Treaty Obligations, LR 1381 An Act To Include a Representative of the Aroostook Band of Micmacs in the House of Representatives, LR 1589 An Act To Distribute a Portion of Proceeds from the Oxford Casino to the Houlton Band of Maliseet Indians and the Aroostook Band of Micmacs, and LR 1618 An Act Regarding the State's Continuing Obligations to Maine Tribes under Treaties with the Tribes.  Representative Dana followed the presentation by Rep. Bear.  Representative Dana has sponsored LD 239, LR 1281 An Act To Create a Permanent Wabanaki Law Enforcement Seat on the Board of Trustees of the Maine Criminal Justice Academy, LR 1282 An Act To Amend the Laws Governing the Membership of the Maine Commission on Domestic and Sexual Abuse, LR 1283 An Act To Establish a Wabanaki Veterans License Plate, LR 1284 An Act To Improve Tribal-state Relations, LR 1285 Resolve, Concerning Cooperative Tribal-state Management of the American Eel Fishery, LR 1286 Resolve, To Direct Action on Health Disparities of the Passamaquoddy Tribe and Washington County, LR 1287 RESOLUTION, Proposing an Amendment to the Constitution of Maine To Allow Tribal Members To Vote in the House of Representatives, LR 1288 An Act To Implement Certain Provisions of Title IX - Safety for Indian Women in the Federal Violence Against Women Reauthorization Act of 2013,  and LR 1289 Resolve, Directing the Department of Public Safety To Establish a Public Safety Answering Point for the Passamaquoddy Indian Township Reservation.Jamie Bissonette Lewey commented that the Tribal Representatives have introduced a number of bills.  She recommended that the Commission form a Legislative Subcommittee to analyze the bills in order to make recommendations to the entire Commission on what action we might take on any particular bill.  She asked for volunteers to serve on the Legislative Subcommittee.  John Banks, Bert Polchies, and Joan Nass agreed to serve.  Jamie will serve on the Legislative Subcommittee.  She also stated that she will reach out to the Passamaquoddy Commissioners to determine if at least one of them would serve on the Legislative Subcommittee.  Jamie asked John Banks and Bert Polchies to work with her to find a time convenient for Representative Mitchell to present his bills to the Commission.

Dept. Marine Resources (DMR) Ch. 32 Eels. Requirements for 2015 Elver Harvesting Season Proposed Rule-making

Jamie Bissonette Lewey informed the Commission that the Ch. 32 rules had been released the previous week.  She said it appears no consultation took place with the Tribes as required under the LePage EO 21 FY 11/12.  Matt Dana and John Banks stated they were aware of no consultation taking place with the Passamaquoddy Tribe and Penobscot Nation concerning the proposed rule.  The Commission decided to write a letter to Governor LePage informing him that the Department of Marine Resources did not comply with his EO on Tribal Consultation while it developed Ch. 32 Eels.

Dept. Inland Fisheries & Wildlife proposed rule change for Mountain Catcher Pond

The Commission directed John Dieffenbacher-Krall to write a letter to Regional Fisheries Biologist Nels Kramer explaining the MITSC process for consideration of rule changes.

Meeting with Attorney General Janet Mills

The history of communications between the Commission and Attorney General Mills was reviewed dating back to the Commission’s summer 2014 invitation to her to attend the October 2014 MITSC retreat.  In Attorney General Mill’s most recent response to the Commission regarding our invitation to meet with us, Jamie Bissonette Lewey expressed a concern if the Office of the Attorney General is not responsible for responding to the Commission on points of law concerning the Settlement Acts who in State Government will provide that information.  The Commission needs to be able to request and to obtain the State’s position on points of law.  Several Commissioners remarked that the Commission can’t fulfill its mandate if the State is unwilling to provide its perspective on points of law.  The need for the establishment of a process to guide such requests and to ensure a response was articulated.

Confirming MITSC meeting schedule for 2015

John Dieffenbacher-Krall was asked to send an email to the entire Commission confirming the MITSC meeting schedule for the remainder of FY 2015 will be the fourth Wednesday of the month.

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