Commission Meeting

June 17, 2014

Sipayik Tribal Court/Tribal Council Chambers

(approved at the Commission meeting held 10/21/14)

Commissioners in attendance:  Jamie Bissonette Lewey (Chair), Denise Altvater (Passamaquoddy – Sipayik), Matt Dana (Passamaquoddy-Motahkmikuk), Roy Partridge (State), Bert Polchies (Penobscot), John Banks (Penobscot), Gail Dana-Sacco (State), Joan Nass (State),Richard Gould (State) by phoneOthers in attendance: Chief Clayton Cleaves, Vice-Chief Ken Poynter, Vera Francis, Passamaquoddy Tribal Planner, Newell Lewey, Passamaquoddy Tribal Councilor, Greg Sample, Janet Hough, Craig Sanborn, Paul Thibeault, Dena Winslow, Chief Edward Peter Paul, Brian Altvater, Eddie Bassett, Passamaquoddy Tribal Councilor, Norman Bernard, Aroostook Band of Micmacs Tribal Councilor, Mary Creighton, Passamaquoddy Tribal CouncilorStaff: Executive Director John Dieffenbacher-Krall Regrets: Harold Clossey, Linda Raymond, Brian ReynoldsMinutes recorded by John Dieffenbacher-Krall.The meeting took place with a quorum.

Review of agenda

Jamie Bissonette Lewey asked to move the agenda item, Presentation by the Aroostook Band of Micmacs Tribal Government, from the first item of new business to the head of old business.  John Banks asked to table agenda item #7, Admission policies of the Maine Criminal Justice Academy, as there is nothing new to report.

Consideration of minutes for the 4/30/14 meeting

Jamie Bissonette Lewey brought up the minutes for the 4/30/14 meeting.  She asked for any potential changes.  None were offered.  Bert Polchies moved to accept the minutes. Matt Dana seconded the motion.  The motion passed unanimously.

Executive Director report

Executive Director John Dieffenbacher-Krall gave an overview of his written report emailed to the Commission the previous day.   He asked Jamie Bissonette Lewey to talk about the 5/12/14 briefing of the Passamaquoddy leadership about the Report of the Maine Indian Tribal-State Commission Assessment of the Intergovernmental Saltwater Fisheries Conflict in Maine.  Both Jamie and Gail Dana-Sacco represented the Commission in the meeting with Passamaquoddy leaders.  The meeting was highly productive with excellent feedback.  John Dieffenbacher-Krall noted that Carlisle McLean had returned to work from maternity leave the previous day and as stated in his Executive Director report he would be contacting her to schedule a meeting to brief her about the MITSC report.  John Banks thanked the Commission, Jamie Bissonette Lewey, and John Dieffenbacher-Krall for their work to help the Penobscot Nation negotiate an agreement with the Dept. of Agriculture, Conservation, and Forestry for temporary motor vehicle use of the Katahdin Iron Works Multi-Use trail to allow the Tribe to access certain trust land in Williamsburg.

Presentation by the Aroostook Band of Micmacs Tribal Government

Jamie Bissonette Lewey invited Chief Peter Paul to address the Commission.  He thanked MITSC for adjusting its meeting agenda and the opportunity to address the Commission.  He asked Craig Sanborn, Director of the Micmac Housing Authority and in-house Legal Counsel, to speak.  Craig relayed that he was asked by the Micmac Tribal Government to look at the legal situation of the Micmacs through the lens of what the Tribe needs to do to establish a Tribal Court.  He explained that the Micmacs want to have the same type of legal jurisdiction enjoyed by the Maliseet, Passamaquoddy, and Penobscot Tribes.  As Craig conducted his research, he quickly ran into the Ryan case (Aroostook Band of Micmacs v. Ryan 484 F.3d 41 (1st Cir.2007)).  He described it as a terrible decision for the Micmacs.  Craig also reviewed the 2009 State of Maine legislation that authorized the Houlton Band of Maliseet Indians to establish a Tribal Court (PL Ch. 384 LD 1377).  He cited the legislation as a possible pathway for the Micmacs to establish their Tribal Court.  John Banks asked Craig Sanborn to give a quick 5 minute overview of the Ryan case.  Craig responded explaining it was an employment case involving the question of the Maine Human Rights Commission’s jurisdiction over Micmac Tribal Government employment matters.  Jamie Bissonette Lewey asked Craig Sanborn is a possible first step to examine what the Tribe thinks about the Micmac Settlement Act passed by the State of Maine in 1989 but never approved by the Micmacs?  Or do you intend to amend the Maine Implementing Act?  Craig stressed that the Micmacs are here today to explore their options. Bert Polchies wants to review the 1989 Micmac Settlement Act (PL 1989, c. 148) that never took effect.  Jamie Bissonette Lewey said she would like to work with Chief Peter Paul and Craig Sanborn on identifying all of the documents that the Micmac Tribal Government believes MITSC should have as it considers the issue of the Tribe creating a Tribal Court.  She added that MITSC should review the Ryan cases (Houlton Band of Maliseet Indians v. Ryan, 484 F.3d 73 (1st Cir. 2007) and Aroostook Band of Micmacs v. Ryan 484 F.3d 41 (1st Cir.2007)).  Jamie stated what the court decided is important as well as how the Micmacs interpret that decision.Gail Dana-Sacco drew attention to the recommendations section of Report of the Maine Indian Tribal-State Commission Assessment of the Intergovernmental Saltwater Fisheries Conflict in Maine saying that the Commission is recommending that the State utilize the framework of MOU’s to address unresolved issues.  She suggested that this might be an option to explore.Greg Sample brought up the cooperative agreement legislation he advanced in 2010 (30-A MRSA §2201 - §2208) as existing law that could provide the legal framework for memoranda of agreement between the Tribes and the State.  Greg pointed out that the Maliseets and Micmacs are not currently party to it.

Report of the Maine Indian Tribal-State Commission Assessment of the Intergovernmental Saltwater Fisheries Conflict in Maine

Jamie Bissonette Lewey called for initial comments on all sections except for Section V Impact of Racism on Tribal-State Relations.  The Commission then focused on Section V.  Jamie said the problem with the addenda 38, 39, and 40 is they provide information but don’t necessarily demonstrate outcomes.   The Commission asked Roy Partridge to address the discussion on the impact of racism in the report.  Roy agreed to work with the authors to revise the section to address concerns raised by Commissioners and community members.Greg Sample suggested adding another sentence to Findings #6 to underscore that the Settlement Act can only be approved by Congress.  Greg agreed to draft a sentence for consideration.Newell Lewey made a suggestion regarding the discussion of LD 451 on page 26.  He noted the State expanded the fishery from 407 to 432 licensed fishers.  Newell agreed to help with language to correct the section. Denise Altvater motioned to approve the report with the changes discussed during the meeting.  Roy Partridge seconded the motion.  The motion passed unanimously.Jamie Bissonette Lewey asked how do we release this report?  The Commission decided to have a conference call to discuss the plan for the release of report.   The conference call was set for 6/26 at 11 am.

MITSC Chair position

Jamie Bissonette Lewey left the room.  Bert Polchies gave a report on behalf of the ad hoc committee tasked with considering the question of the MITSC Chair succession.  The Commissioners remaining recommended that the ad hoc committee reconvene to take into consideration the discussion held at the meeting.  No final action was taken.Next meeting 6/26/14 conference call at 11 am  

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