Commission Meeting

March 25, 2015

Nick Sapiel Building large conference room, 27 Wabanaki Way, Indian Island

Approved at the 4/15/15 meeting

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

Consideration of minutes for the 2/25/15, 3/17/15 meetings

Jamie Bissonette Lewey introduced the 2/25/15 MITSC meeting minutes.  Bert Polchies moved and John Banks seconded a motion to approve the 2/25/15 meeting minutes as presented.  All Commissioners voted in favor of the motion with the exception of Steve Holmes who abstained.  Jamie placed before the Commission the 3/17/15 minutes.  John Banks moved and Joan Nass seconded a motion to approve the 3/17/15 meeting minutes as presented.  The motion passed unanimously.

Executive Director report

John Dieffenbacher-Krall reviewed the financial report prepared for the meeting.  According to the document, MITSC has received $89,139 as of March 18 and spent $64,907 leaving a balance of $24,232.

Acknowledging new temporary MITSC quorum per bylaw change adopted 3/17/15

John Dieffenbacher-Krall announced that the new temporary quorum as delineated in the MITSC Bylaw I.F. is five.  The number of Commissioners needed to carry a motion is three.  Jamie Bissonette Lewey asked how do Commissioners want to notify their respective governments of this temporary change in quorum and the minimum number of votes to carry a motion?  John Dieffenbacher-Krall was asked to write a memo to the Commission documenting the change.  Commissioners will then present the memo to their respective governments.

MITSC budget FY 2015

Jamie Bissonette Lewey asked John Dieffenbacher-Krall to report on his March 5 budget presentation to the Judiciary Committee and the testimony he offered on behalf of the Commission at the joint public hearing held by the Appropriations and Judiciary Committees on March 17. John Dieffenbacher-Krall reported that he presented the same budget document to the Judiciary Committee on March 5 as previously shared with the Commission listing five columns: 1) final figures for FY 2014 2) the budget MITSC is working under 3) a third column based on MITSC’s projected income with increased staffing for the balance of the fiscal year 4) a fourth column with the same expenditures and an additional $22,500 as proposed in Governor LePage’s supplemental budget 5) a fifth column with an expanded program projected over an entire fiscal year.  John noted the attendance of several MITSC Commissioners at the March 5 Judiciary Committee preliminary work session and Sen. Burns specifically asking that everyone from the Commission be introduced.  John told the Commission that the March 17 joint budget hearing was uneventful with no legislators asking him any questions.Jamie asked Commissioners how do they want to proceed.  Bert Polchies recommended we can only adopt a budget with what we know that we have from the State.  Bert moved, Dick Gould seconded to adopt a budget with $94,219 for income, $110,510 for expenses with a balance of $8,661 from FY 2014 with the condition it be reviewed at the April meeting with consideration of what the Legislature has done on LD 236.  The motion passed unanimouslyThe Commission then reviewed a draft budget that had been developed by Jamie Bissonette Lewey and John Dieffenbacher-Krall to do the report examining the period from the passage of the Maine Implementing Act through enactment of the Maine Indian Claims Settlement Act and the distinctions between the two laws.  The Commission commented that the proposed budget was too low.  They recommended increasing the budget to $86,000.  John Dieffenbacher-Krall reviewed the status of the MITSC budgeting process.  He referenced an email sent to Wabanaki Commissioners on March 23.

Review of MITSC reports

Jamie Bissonette Lewey raised the request made by Sen. Chris Johnson during the MITSC presentation to the Judiciary Committee on February 12.  Her initial reaction was Sen. Johnson had made an overwhelming request.  Upon investigation, she found there are not that many formal MITSC reports.  She intends to create a spreadsheet listing recommendations MITSC has made and what action if any was taken to implement them.  She asked for input from Commissioners on recommendations.  Jamie asked John Dieffenbacher-Krall to note areas where the MITSC has taken action.  She asked that we include the offensive place names report.  We should note that it contains no recommendations.  Jamie characterized the Impact of Maine Civil Laws on the Wabanaki reports published in 1997, 1998, and 2000 as serious reports that could be quite impactful.  She noted the importance of the question in the resolve that created the civil law reports dealing with section 6204 of MIA.

Consideration of MITSC Report Comparison of MIA and MICSA

A suggestion was made to restate John Banks’ question from the morning to a broader review of the sustenance fishing provisions in the MIA and MICSA and Tribal jurisdiction over reservation waters in the Acts.  Commissioners also decided the report should document how Federal Indian law was intended to apply to the Acts.  John Dieffenbacher-Krall was asked to shape these questions with the intent of sharing them via email and Commissioners editing them online.Craig Sanborn asked about the 1989 Micmac Settlement Act and 1991 Aroostook Band of Micmacs Settlement Act.  Will the Commission examine the history of these Acts as well?  The Commission agreed to include them.  John Dieffenbacher-Krall was directed to reference the formal request from the Micmac Tribal Government to examine these Acts along with the MIA and MICSA when he presents the budget initiative to fund the report to the Judiciary Committee on March 26.

Agenda review

John Banks asked to create space on the agenda to hear from the public.  It was added after the Recognition of Gail Dana-Sacco’s service to the MITSC agenda item.

Legislative review

Jamie Bissonette Lewey took up the “Suggested process for Commission consideration of legislation.”  She reviewed the document with the Commission.  Jamie suggested moving the LePage EO to section 3.  Under section 3, the Commission added the Maine Legislative resolution in support of UNDRIP passed in April 2008.  In section 5, #3 strike work group & replace it with “legislative work session.”  John Banks moved, Joan Nass seconded adoption of legislative consideration guidelines as amended.  The motion passed unanimously.The Commission then reviewed bills before the Maine Legislature.  Jamie Bissonette Lewey raised LD 800 An Act To Prevent Passage of Alewives through the Grand Falls Dam on the St. Croix River.  She said the MITSC has a position represented in its policy position statement.  She reported a struggle is going on between the Maine House and Maine Senate concerning the committee of reference with the House favoring Marine Resources and the Senate IF&W.;  Jamie stated that the MITSC will want to craft testimony that will be most effective given the ultimate committee assignment.The Commission then considered LD 493 An Act To Create the Ocean Acidification Council. John Banks moved, Bert Polchies seconded approval of the MITSC testimony as presented.  The motion passed unanimously.

60-Day Notice of Maine’s Intent to Sue EPA over EPA’s Action Dated February 2, 2015 filed 3/17/15

Jamie Bissonette Lewey noted that the MITSC has a bylaw that specifies matters need to be taken up at one meeting and not acted on until the next meeting.  She told Commissioners I want to get this before the Commission in order to introduce the issue.  She informed Commissioners that we will keep sending things related to this issue to you.  Please read them.Jamie referenced the handout John Banks distributed, a NARF newsletter from 1981 devoted in large part to the Maine Indian Claims Settlement.  Jamie asked John Dieffenbacher-Krall to email it to all Commissioners.

Recognition of Gail Dana-Sacco’s service to the MITSC

Tina Downing presented a letter from Chief Moore and a basket crafted by Clara Keezer to give to Gail.  John Banks remarked her work on the saltwater fisheries report was phenomenal.  John Banks motioned, Bert Polchies seconded, a motion for the MITSC to present a gift to Gail recognizing her extraordinary service to the Commission.  The motion passed unanimously.

MITSC public comment period

Jamie Bissonette Lewey asked for public input.  Diane Oltarzewski asked for a copy of the UNDRIP.  John Banks offered her a copy.  Jamie offered Diane a copy of the MITSC report analyzing the conformance of the MIA with the UNDRIP.  John Dieffenbacher-Krall was asked to send it to her.

Confirming MITSC meeting schedule for remainder of FY 2015

The Commission decided to change the MITSC April meeting date from 4/22 to 4/15.  There will be no May in-person meeting.  Commissioners suggested approaching Matt Dana to see if the Motahkmikuk Tribal Government would like to host the June 24 meeting.Bert Polchies moved to adjourn the meeting. Steve Holmes seconded the motion.  The meeting was adjourned.

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