Tribal members approve 4 resolutions at Annual Meeting
Fort Hall Business Council Chairman Devon Boyer speaks before tribal members at the May 21 Annual Meeting.
By LORI ANN EDMO
Sho-Ban News
FORT HALL — Shoshone-Bannock tribal members voted to approve four resolutions at the Tribes Annual Meeting May 21 including one to have a referendum vote within 90 days on the proposed Mountain Home casino.
Prior to the meeting’s start, Velda Racehorse, archivist, gave a PowerPoint presentation on the Tribes history and the various treaties involving the Tribes.
The meeting was called to order at 10:55 a.m. when 157 eligible tribal voters were present. At one point, there were 192 eligible voters at the meeting.
Tribal elder Fred Auck gave the prayer.
Meeting minutes from the May 11, 2019 Annual Meeting and the July 31, 2021 meeting were deferred by a vote of 107 in favor and 4 opposed. They will be considered at the next meeting.
Discussion and voting on the resolutions commenced.
First resolution
The first resolution that was approved in a close vote of 56 in favor and 54 opposed was regarding rules of order to be adopted and implemented through a proper ordinance before the next tribal membership meeting. Darrell Shay said he drafted the resolution because he’s always seen a problem with quorum and the resolution addresses it. The Tribes Constitution and Bylaws mandates 150 legal voting members are required for a quorum at an Annual Meeting and 100 legal voters are required at a Called Meeting. The resolution clarified the issue allowing once a quorum is established, it shall be kept until the business agenda is completed even if the number of attendees fall below the numbers required to achieve the quorum.
Shay noted a tribal attorney issued a memo saying the resolution was against Roberts Rules of Order but the Tribes have never adopted it.
Fort Hall Business Council member Nathan Small read the Tribes Constitution regarding the quorum and said if there isn’t a quorum then can’t continue. He asked how is it a certain few can dictate to the rest of the Tribes what they want? He said people leave because they don’t like the negative and complaining.
Shay said if you’re supposed to be included in government action, then you should be included. There has to be a time and place and he’s not trying to twist the words. “We need to be included, our words should count.”
Marina FastHorse said it’s the general membership’s meeting and there is a lot of ambiguous terms in the Constitution. She said what Darrell is presenting is very important. “This is the people’s rights - time to have people’s voices heard,” she continued. “People should stay here and make your vote heard.” She added the Tribes have to clarify the Constitution and put more strength into it noting there are times when council made decisions without following the Constitution.
Gaylen Edmo the Constitution is the governing document and the resolution may be premature but if it is changed to include a secretarial election it would be good.
Emaline George said she sees no problem with what Shay presented and every time the tribal people wanted to do something the attorneys are against it. Yes there will probably need to be a secretarial election because it’s taking the right of the Indian people civil liberties.
Tribal elder Emaline George comments at the May 21 Annual Meeting.
Second resolution
The second resolution was read by Nancy Eschief Murillo regarding putting tribal attorney contracts on the ballot once again. In February of 2008, the FHBC approved the conversion of in-house tribal attorneys to full-time career status employees of the tribes per resolution PRSL-08-0204 using the justification that their salaries will be regulated and controlled and placed the attorneys under the Tribes Personnel Manual executive compensation of the Tribes.
The resolution reads the language of Article VI, Section 1 of the Tribes Constitution gives the membership the right to review any actions using the powers of the Article and it’s the desire of the general membership that resolution PRSL-08-0204 is hereby rescinded and the employee status of the legal counsel for the Tribes made to comply with the Constitutional language of Article VI, Section 1, item (b) reverting back to employment as contract lawyers. The legal counsel to be employed hereafter be voted upon by the tribal membership in accordance with the resolution starting with the General Election of 2023 for a simple yes or no vote to retain them and if successful, their contract terms are not to exceed five years for each lawyer employed.
Wesley Edmo asked if tribal attorneys are listed as tribal employees how can they advance the rights of the Tribes? Marina FastHorse reminded the council the membership has voted on the issue three times before but the contracts weren’t put on the ballot and why aren’t the votes being recognized?
There was a motion and a second. The vote was 107 in favor and 0 opposed.
Third resolution
Resolution three is what Sherwin Racehorse drafted regarding the Mountain Home Casino project. It reads the Fort Hall Business Council shall authorize and conduct a referendum yes or no vote of the tribal membership within 90 days in accordance with the Shoshone-Bannock Tribes Constitution, Article IX – Referendum Section 1, on whether the Tribes should continue this project. Be it Further Resolved, that the authorized resolution on purchasing the property, project costs and contracts, how the Tribes will finance $311 million, updates to the land into trust and other project details, including financing estimates of all needed Reservation economic development shall be provided to the membership through a mail out process, at district meetings and a future Called Meeting for the specific purpose to provide transparency to the general membership and be it finally resolved that all project development, costs or contracts, including land into trust application shall cease until the referendum vote is completed.
Council member Nathan Small said he supports the resolution but asked who the eligible voters are and whether the Election Act will apply because it doesn’t address referendum. Racehorse replied the Constitution should be followed anyone 21 years of age or older.
Fred Auck said the transaction happened behind closed doors. It doesn’t address land 200 miles away from the reservation and how sovereignty can be carried out over there? The Bureau of Indian Affairs would have to provide services to the property and the health services the same way. He just found out about the project three weeks ago.
Claudia Washakie said Article IX of the Constitution says one third of the eligible tribal voters and a precedent has already been set with the alcohol vote at the existing casino. She said people have to trust those on the reservation and there’s over 1,400 on the list.
Arnold Appeney asked if the NIGA rules were lifted and if the land into trust regulations changed because previously it had to be attached to the reservation. “I’d like to have answers before we agree to go off the reservation,” he said.
Council member Nathan Small said the Mountain Home project is within treaty land areas, “That is our land – we always claimed the land we lost as ours,” he said. He said the whole idea is to continue our presence and the Tribes are also doing it in Yellowstone, “we proved to them and it’s how we maintain our presence. All of this is a referendum. IGRA allows as long as it is placed into trust.”
Marina FastHorse asked whether per capita would be effected for several years? She attended the open house and had several questions. She asked for a copy of the feasibility study and hasn’t seen it yet.
Dustina Abrahamson said, “I think it’s wonderful our council acquiring land in aboriginal land,” and views the referendum as micromanaging. “We voted them into to make those decisions. These decisions are made for our children and grandchildren. This is who we should be deciding for,” she continued. “Our elders thought for next generation now it’s time. I went to Mountain Home open house and yes there is a process. We all have our own opinions. If don’t like go out and vote.”
Annual Meeting crowd in attendance.
Wilma Teton said she talked with the Elmore County assessor’s office and the Tribes are paying property tax on the 154 cares of Mountain Home property and she checked with the Fort Hall Agency Superintendent Randy Thompson and he said the application to get the land into trust process has not yet been initiated.
Gaylen Edmo said the Constitution reads all major issues of importance should be voted on by the tribal membership and the referendum vote is the right way to go.
FHBC Chairman Devon Boyer said they’re trying to get another wheel going for gaming and the existing per capita won’t be affected.
There was a motion and a second to approve the resolution. The vote was 135 in favor and 15 opposed.
Fourth resolution
Ferdinanda Shay presented the fourth resolution concerning the FMC Pond 18 settlement money from 2001. She said the FHBC still owes the tribal membership money from the Pond 18 money. The resolution reads the FHBC failed to adhere to tribal resolution FHBC-01-1324 regarding a mandate the general membership for 100% funding distribution and distributed a total of $6,500 to each eligible member from the $30 million in 2001 and a total of $2 million of subsequent $10 million disbursed between 2002-2006. Now therefore be it resolved that those 3,357 eligible members enrollees as of June 6, 2001 never received the full amount of 100% wherein $12,452,458.00 is still owed them by the Fort Hall Business Council. Be it further resolved the Fort Hall Business Council shall pay out the $12,452,458.00 to the people enrolled as of June 6, 2001 and they shall be paid out 100% immediately per FHBC-01-1324.
There was a motion and a second and the vote was 123 in favor and 9 opposed.
The meeting went on to the Gaming report and CEO Ray Barlow gave a financial report. Personnel issues were raised and comments were made that supervisors need more training and a daycare is needed.
Michelle Han, Tribes financial manager, gave a report on the financial status, along with CARES Act and American Rescue Plan funds.
Enterprise Board Chairman Sherwin Racehorse gave a verbal report on an EDA grant he submitted. The Enterprise Board approved a new compensation plan that includes $11.78 minimum wage. Concerning the Agri-Business department the farm operation has 2,100 acres where alfalfa and wheat is grown. Other information is in the reports that were handed out at the meeting.
The final report of the day was from Bill Bacon, tribal attorney, who discussed the cases the attorney’s office has been working on including the Railroad Right of Way, Blackrock Land Exchange, Big D Construction lawsuit, Vanir litigation, Herrera case in Wyoming, etc.
