Commission Meeting

July 22, 2015

Conference Call

Approved at the 8/17/15 meeting

Commissioners in attendance:  Jamie Bissonette Lewey (Chair), Roy Partridge (State), Dick Gould (State), Joan Nass (State), Steve Holmes (Passamaquoddy Tribe - Sipayik), John Banks (Penobscot), Bert Polchies (Penobscot)Regrets: Linda Raymond, Brian Reynolds, Matt Dana Others in attendance: Jim Matlack, Diane Oltarzewski, Greg Sample, Janet HoughMinutes recorded by John Dieffenbacher-Krall.The meeting took place with a quorum as provided under MITSC Bylaw I.F.

Agenda review

No changes were made to the agenda.

Consideration of minutes for the 4/15/15, 5/27/15 meetings

Joan Nass moved, Steve Holmes seconded to approve the minutes for 4/15/15 as amended.  The motion passed unanimously.  Joan Nass moved, John Banks seconded to approve the minutes for 5/27/15 as presented.  All Commissioners voted in favor of the motion with the exception of John Banks who abstained.

MITSC Chair, Commissioners report out on meetings with Tribal leadership

Jamie Bissonette Lewey reported that during the last 2 – 3 weeks she had met with all of the Tribal Chiefs who represent governments with seats on the MITSC. She also reached out to Chief Peter Paul to initiate a conversation. She presented all of them with the four proposed points of action for MITSC to focus upon for FY 2016.  Jamie stated the conversations with the Chiefs went well.  They granted conditional permission to their Commissioners to participate in the Commission focused on the work described in the MITSC work plan for FY 2016.

MITSC Work Plan FY 2016

Jamie reviewed the Work Plan for the Commission (attached). Jamie mentioned that the research project might best be approached by developing a request for proposals (RFP) and contracting out much of the work.  A benefit of this approach is the researchers/writers would have no direct connection to the interests or parties ensuring an objective examination of the research questions. Bert Polchies moved that the Commission adopt the Proposed Maine Indian Tribal-State Commission (MITSC) Work Plan for FY 2015 – 2016 as presented.  Roy Partridge seconded the motion.  It was approved unanimously.

MITSC finances, budget

Jamie Bissonette Lewey informed the Commission that the State approved allocating $111,614 to the MITSC for FY 2016.  She added that the Commission has approximately $20,000 in other unexpended funds.  The Commission can honor its contractual commitment to Executive Director John Dieffenbacher-Krall through October with no Executive Director funding beyond that time.  John Dieffenbacher-Krall has been asked to explore the possibility of raising additional funds to extend his position with the Commission.  In the next few weeks Jamie and John will meet to develop a budget and assess the prospects for additional funding.  Jamie announced her desire to have a conference call during the end of August to review the budget situation.

MITSC Annual Report 2014 – 2015

Jamie Bissonette Lewey asked Commissioners to submit comments on the MITSC Annual Report 2014-2015 to John Dieffenbacher-Krall by the close of business on July 27.

Scheduling

Jamie Bissonette Lewey inquired if the Commission’s usual fourth Wednesday of the month meeting schedule would work for everyone in August.  John Banks reported a conflict.  John Dieffenbacher-Krall was tasked with sending out a scheduling poll after receiving available dates from John. Roy Partridge moved, Bert Polchies seconded a motion to adjourn.  It passed unanimously.

MITSC Work Plan FY 2016

Proposed Maine Indian Tribal-State Commission (MITSC)Work Plan for FY 2015 – 2016(July 1, 2015 – June 30, 2016) 1. The MITSC does a thorough job reviewing issues that are brought before the Commission. We express findings that are upheld by sound research processes and then tie concrete recommendations to those findings. Yet, over its 35-year history, the MITSC has been unable to get any of its recommendations implemented. Therefore: the MITSC will meet with the US Department of the Interior (DOI) to explain that the lack of a functioning dispute resolution mechanism has had a very negative effect on tribal-state relations.  The Commission will request that the DOI convene Wabanaki Tribe Leaders with the expressed purpose of the creation of a dispute resolution mechanism with funding and the authority to conduct dispute resolution and implement agreements. 2. Many of the disputes that have come before the MITSC in the past three years have revolved around the extent of Tribal Waters in traditional Wabanaki territory. In her January 30, 2015 letter, DOI solicitor Hillary Tompkins stated that the extent of Tribal Waters had yet to be determined and would involve a review of the treaties and the Settlement Acts.  Therefore: the Commission will request the Dept. of Interior to review the extent of Tribal waters in Wabanaki territories within Maine. a. Related to the issue of Tribal Waters:  the MITSC has exclusive jurisdiction over certain waters in Tribal territory. We are not staffed in a way to exercise that jurisdiction with responsibility. Therefore: the MITSC will ask the DOI to work with the Commission to transfer MITSC exclusive jurisdiction over certain Tribal waters to the respective Tribes.3. The MITSC has a thorough archive of all communication and activities since its formation. This archive is invaluable. Parts of it are already at the University of Maine but the files are not indexed nor are they well-organized. Therefore: the MITSC will work with the University of Maine to stabilize and index and all of the MITSC archives with the exception of current working files. This will entail transferring the remainder files in the MITSC ED’s office, inclusive of email correspondence, to the University. Once this task is accomplished the MITSC archives will be open for use. 4. The MITSC agreed to undertake a thorough review of the Maine Indian Claims Settlement Act (MICSA) , to document the differences between that act and the State’s Maine Implementing Act (MIA), and to make available a summary of and copies of the relevant primary documents from the congressional record. Therefore: The Commission will undertake a thorough analysis of the Maine Indian Claims Settlement Act (MICSA) including a review of the Congressional record and publish a report of its research and findings by June 2016.

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