Ask the Scholar

Document scope · 1 page
doc
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory. For page-specific OCR and visual context, open one of the page chats.

Scholar Source Context

Document identity
localId
1103366
label
Delaware Indians
core
doc
dtoType
document
pageCount
1
Source metadata
id
1103366
contentType
document
title
Delaware Indians
collections
Bradley H. Patterson Files (Ford Administration)
Bradley Patterson's Native American Programs Files
subjects
Indians of North America
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
1103366
coverageEndDate
logicalDate
1976-09-01
month
9
year
1976
coverageStartDate
logicalDate
1976-06-01
month
6
year
1976
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
904e4b5fd2f326b7
ocrText
The original documents are located in Box 1, folder "Delaware Indians" of the Bradley H. Patterson Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Digitized from Box 1 of the Bradley H. Patterson Files at the Gerald R. Ford Presidential Library STATE OF INTERTOR United States Department of the Interior BUREAU OF INDIAN AFFAIRS WASHINGTON, D. C. 20245 March EASY IN REPLY REFER TO: SEP 27 1976 Tribal Government Services Bruce M. Townsend, Chairman Delaware Tribal Business Committee 201 Denver Bldg. 7th and Denver Tulsa, Oklahoma 74119 Dear Mr. Townsend: President Ford has asked us to respond to your August 27 telegram regarding the Cherokee-Delaware Indians. We have provided to the appropriate members of the White House staff, copies of correspondence leading up to the calling, and subsequent cancellation of the September 11 meeting of the Delaware General Council. Sincerely yours, (Sgd) Raymond V. Butler ACTING Director, Office of Indian Services CC: The White House, Mr. Brad Patterson w/enclosures Muskogee Area Director Supt., Talequah Agency FORD & LIBRARY 076830 OF United States Department of the Interior BUREAU OF INDIAN AFFAIRS WASHINGTON, D. C. 20245 March 1849 IN REPLY REFER TO: BUREAU OF INDIAN AFFAIRS For Release Sept. 9, 1976 Lovett 343-7445 DELAWARE GENERAL COUNCIL MEETING CANCELLED A meeting of the general council of the Cherokee Delaware Tribe, scheduled to be held September 11 in Dewey, Okla., has been cancelled, Commissioner of Indian Affairs Morris Thompson announced today. The purpose of the meeting was to have been to consider charges presented by the tribal grievance committee against the chairman, vice-chairman and secretary of the tribal business committee. The grievance committee, in a telegram to Commissioner Thompson received September 7, rescinded its previous resolution and indicated it had no charges of misconduct against any of the tribal officers. The Commissioner had called the general council meeting at the request of the grievance committee in accordance with tribal by-laws mandating this action. The revocation of the grievance committee's request removed the basis for the Commissioner's calling of the meeting. The Commissioner said that he is recommending that the Office of Indian Rights in the Department of Justice take appropriate action "in view of the numerous allegations that have been made" and to determine whether any Federal law, including the 1968 Indian Civil Rights Act, may have been violated. XXXX CONSERVE AMERICA'S ENERGY Save Energy and You Serve Americal TELEGRAPHIC MESSAGE , NAME OF AGENCY PRECEDENCE SECURITY CLASSIFICATION DEPARTMENT OF THE INTERIOR BUREAU OF INDIAN AFFAIRS ACTION: XX WASHINGTON, D. C. INFO: ACCOUNTING CLASSIFICATION DATE PREPARED TYPE OF MESSAGE K00-20/6/3200/2090 9/8/76 SINGLE FOR INFORMATION CALL BOOK NAME PHONE NUMBER Theodore C. Krenzke, Director, Office of 343-2111 X MULTIPLE-ADDRESS THIS SPACE FOR USE OF COMMUNICATION UNIT Indian Svcs. MESSAGE TO BE TRANSMITTED (Use double spacing and all capital letters) TO: Nembers of Delaware Tribal Business Committee SEP 9 1976 Members of Delaware Grievance Committee 108 South Seneca Delaware Indian Center Bartlesville, Oklahoma 74003 WE HAVE YOUR TELEGRAM RECEIVED SEPTEMBER 7 ADVISING THAT THE GERALD FORD LIBRARY GRIEVANCE COMMITTEE HAS RESCINDED ITS JUNE 28 RESOLUTION. YOU ADVISE THE COMMITTEE HAS INVESTIGATED AND KNOWS OF NO EVIDENCE (MUCH LESS A"PROPER SHOWING") OF ANY OF THE ACTS OF MISCONDUCT NAMED IN THE MUSKOGEE AREA DIRECTOR'S NOTIFICATION DATED AUGUST 20, 1976 TO THE DELAWARE TRIBAL MEMBERS AND FURTHER REQUEST THAT THE MEETING NOT BE HELD. SINCE THE PURPOSE OF THE GENERAL COUNCIL SCHEDULED FOR SEPTEMBER 11, 1976 IS TO CONSIDER THE COMPLAINTS THAT RESULTED IN THE COMMITTEE'S RESOLUTION OF JUNE 28, 1976, INSTRUCTING ME TO CALL A GENERAL COUNCIL MEETING FOR THE PURPOSE OF CONSIDERING THOSE COMPLAINTS, AND SINCE YOU INDICATE THAT THERE IS NO EVIDENCE WHICH YOU INTEND TO PRESENT AT SUCH A MEETING, THERE NOW APPEARS TO BE NO BASIS FOR PROCEEDING WITH THE MEETING. THEREFORE BECAUSE OF YOUR ADVICE TO ME THAT YOU WILL NOT PRESENT ANY CHARGES TO THE GENERAL COUNCIL THERE APPEARS TO BE NO ALTERNATIVE BUT TO CANCEL SECURITY CLASSIFICATION PAGE NO. NO. OF PGS. 1 2 STANDARD FORM 14 14-306 REVISED AUGUST 1967 DU.S. GOVERNMENT PRINTING OFFICE: 1974-530-141 GSA FPMR (4) CFR) 101-35.306 TELEGRAPHIC MESSAGE NAME OF AGENCY PRECEDENCE SECURITY CLASSIFICATION DEPARTMENT OF THE INTERIOR ACTION: XXX BUREAU OF INDIAN AFFAIRS WASHINGTON, D. C. 20245 INFO: ACCOUNTING CLASSIFICATION DATE PREPARED TYPE OF MESSAGE K00-20/6/3200 /2090 9/8/76 SINGLE FOR INFORMATION CALL BOOK NAME PHONE NUMBER Theodore C. Krenzke, Director of Indian 343-2111 XX MULTIPLE-ADDRESS THIS SPACE FOR USE OF COMMUNICATION UNIT Servvices MESSAGE TO BE TRANSMITTED (Use double spacing and all capital letters) TO: THE MEETING PER YOUR DIRECTION. I AM INSTRUCTING ALL THE BUREAU EMPLOYEES OF THE CANCELLATION AND WOULD APPRECIATE YOUR HELP IN SO ADVISING TRIBAL MEMBERS. IN VIEW OF THE NUMEROUS ALLEGATIONS THAT HAVE BEEN MADE AND IN AN EFFORT TO RESOLVE THE QUESTION AS TO WHETHER ANY FEDERAL LAW, INCLUDING THE 1968 INDIAN CIVIL RIGHTS ACT, MAY HAVE BEEN VIOLATED, WE ARE RECOMMENDING THAT THE MATTER BE REFERRED TO THE OFFICE OF INDIAN RIGHTS, DEPARTMENT OF JUSTICE, FOR APPROPRIATE ACTION. Acting Pheodoxy b. Krenk Deputy COMMISSIONER OF INDIAN SECURITY CLASSIFICATION PAGE NO. NO. Of PGS. 2 2 STANDARD FORM 14 14-306 * GPO: 1987 OF-300-458 (9-M) REVISED AUGUST 1967 GSA FPMR (41 CFR) 101-35.306 MAILUKAR SERVICE LEVIER MIDDLETOWN, VA, 22645 western union Maigram UNIT * U.S.MAIL * IVICE 2-003025E252 09/08/76 ICS IPMMTZZ CSP WSHB 9183364750 MGM TDMT BARTLESVILLE OK 326 09-08 0328A EST MORRIS THOMPSON COMMISSIONER OF INDIAN AFFAIRS DEPT OF INTERIOR BLDG WASHINGTON DC 20013 FORD i LIBRARY 07V830 THIS IS A MAILGRAM CONFIRMATION COPY OF THE FOLLOWING MESSAGE 2219 2-021278E250 09/06/76 2219 THE FOLLOWING IS A COPY OF A MESSAGE SENT TO R DENNIS ICKES DEPUTY UNDER SECRETARY OF THE INTERIOR ROOM 6116 DEPT OF INTERIOR BLDG WASHINGTON DC A A DELAWARE TRIBAL GRIEVANCE COMMITTEE MEETING THIS DATE CALLED WITH NOTICE PREVIOUSLY GIVE TO ALL 5 MEMBERS, 6 RESOLUTIONS WERE PASSED. THE SUBSTANCE OF THESE RESOLUTIONS ARE: 1. THE 6-28-76 "RESOLUTION" PURPORTEDLY FROM THIS COMMITTEE IS RESCINDED, CANCELLED AND VOIDED. 3. COMMISSIONER THOMPSON AND SECRETARY KLEPPE ARE REQUESTED TO RESCIND THEIR NOTIFICATION OF ALL EFFORTS TOWARDS THE CALLING AND HOLDING OF THE GENERAL COUNCIL MEETING OF 9-11-76 AS A RESULT OF THE ABOVE RESCINDING RESOLUTION. 3, TO EXPUNGE THE 6-28-76 "RESOLUTION" FROM THE RECORDS OF THIS COMMITTEE. 4. (A) TO ADVISE THAT THE GRIEVANCE COMITTEE HAS INVESTIGATED AND KNOWS OF NO EVIDENCE (MUCH LESS A "PROPER SHOWING") OF ANY OF THE ACTS OF MISCONDUCT NAMED IN THE MUSKOGEE AREA DIRECTOR'S NOTIFICATION TO A FEW DELAWARE TRIBAL MEMBERS DATED 8-20-76. (B) TO ABSOLVE, FREE AND VINDICATE THE CHAIRMAN, VICE-CHAIRMAN AND SECRETARY OF THE DELAWARE TRIBAL BUSINESS COMMITTEE FROM THE ACT OF MISCONDUCT AS ACCUSED BY VICE-CHAIRMAN SCOTT SECONDINE AND CONTAINED IN SUCH MUSKOGEE AREA DIRECTOR'S NOTIFICATION, (C) TO ASSURE THAT SOCTT SECONDINE HAD NOT COLULTED WITH, OR RECEIVED THE APPROVAL OF, THE GRIEVANCE COMMITTEE BEFORE MAKING SUCH ACUSATIONS. (D) THAT THE u.s. GOVERNMENT AND ALL ITS DEPARTMENTS, AGENCIES, BUREAUS, OFFICERS AND EMPLOYEES TAKE NOTICE OF THIS RESOLUTION. 5, TO ADVISE THAT THE POLICY OF THE GRIEVANCE COMMITTEE FROM JULY 1975 IS TO CALL GRIEVANCE COMMITTEE BY ONLY THE CHAIRMAN CALLING SUCH WESTERN UNION'S TOU FREE PHONE NUMBERS TATES PUSTA PAGE 2 western LI LI union Mailgram® UNITED U.S.MAIL SERVICE * * MEETINGS. WE RESPECTFULLY URGE SECRETARY KLEPPE AND COMISSIONER THOMPSON TO IMMEDIATELY ISSUE PRESS RELEASES AND TO MAIL NOTIFICATION TO DELAWARE TRIBAL MEMBERS OF THE CANCELLATION OF THE 9-11-76 GRIEVANCE COMMITTEE MEETING. COPIES TO MORRIS THOMPSON COMMISSIONER OF INDIAN AFFAIRS DEPT OF INTERIOR BLDG WASHINGTON DC, JOE FONTANA 1730 PENNSYLVANIA AVENUE NORTHWEST WASHINGTON DC. HOWARD BARNES CHAIRMAN MARY LOUISE WATTERS SECRETARY WILLIAM H THOMPSON MEMBER FORD is LIBRARY 038870 03:28 EST MGMCOMP MGM TOTAL Teleg MB3071 WAB175 (2210) (2-021111E250)PD 09/06/76 2210 WASEP-8 50 ICS IPMBNGZ CSP D 9183354750 TDBN BARTLESVILLE OK 298 09-05 1010P EST PMS R DENNIS ICKES, DEPUTY UNDER SECRETARY OF THE INTERIOR, FONE y AS EARLY AS POSSIBLE THESDAY AM, REPORT DELIVERY BY MAILGRAM ROOM 6116 DEPT OF INTERIOR BLDG WASHINGTON DC AT A DELAWARE TRIBAL GRIEVANCE COMMITTEE MEETING THIS DATE CALLED WITH NOTICE PREVIOUSLY GIVEN TO ALL 5 MEMBERS, 6 RESOLUTIONS WERE PASSED. THE SUBSTANCE OF THESE RESOLUTIONS ARE: 1. THE 6-28-75 "RESOLUTION" PURPORTEDLY FROM THIS COMMITTEE IS RESCINDED, CANCELLED AND VOIDED. 2. COMMISSIONER THOMPSON AND SECRETARY KLEPPE ARE REQUESTED TO RESCIND THEIR NOTIFICATION AND ALL EFFORTS TOWARD THE CALLING AND HOLDING OF THE GENERAL COUNCIL MEETING OF 9-11-76 AS A RESULT OF THE ABOVE RESCINDING RESOLUTION. SF-1201 (R5-69) Teleg 1111 2010 1976SEP -6 P:11:50 3. TO EXPIINGE THE 6-28-75 "RESOLUTION" FROM THE RECORDS OF THIS COMMITTEE. 4. (A) TO ADVISE THAT THE GRIEVANCE COMMITTEE HAS INVESTIGATED AND KNOWS OF NO EVIDENCE (MUCH LESS A "PROPER SHOWING") OF ANY OF THE ACTS OF MISCONDUCT NAMED IN THE MUSKOGEE AREA DIRECTOR'S NOTIFICATION TO A FEW DELAWARE TRIBAL MEMBERS DATED 8-20-76. (B) TO ABSOLVE, FREE AND VINDICATE THE CHAIRMAN, VICE-CHAIRMAN AND SECRETARY OF THE DELAWARE TRIBAL BUSINESS COMMITTEE FROM THE ACT OF MISCONDUCT AS ACCUSED BY VICE-CHAIRMAN SCOTT SECONDINE AND CONTAINED IN SUCH MUSKOGEE AREA DIRECTOR'S NOTIFICATION. (C) TO ASSURE THAT SCOTT SECONDINE HAD NOT CONSULTED WITH, OR RECEIVED THE APPROVAL OF, THE GRIEVANCE COMMITTEE BEFORE MAKING SUCH ACCUSATIONS. (D) THAT THE U.S. GOVERNMENT AND ALL ITS DEPARTMENTS, AGENCIES, -1201 (R5-69) GERALD R. LIBRARY FORD Teleg 2210 1378558-6 BUREAUS, OFFICERS AND EMPLOYEES TAKE NOTICE OF THIS RESOLUTION. 5. TO ADVISE THAT THE POLICY OF THE GRIEVANCE COMMITTEE FROM JULY 1975 IS TO CALL GRIEVANCE COMMITTEE MEETINGS BY ONLY THE CHAIRMAN CALLING SUCH MEETINGS. WE RESPECTFULLY URGE SECRETARY KLEPPE AND COMMISSIONER THOMPSON TO IMMEDIATELY ISSUE PRESS RELEASES AND TO MAIL NOTIFICATION TO DELAWARE TRIBAL MEMBERS OF THE CANCELLATION OF THE 9-11-76 GRIEVANCE COMMITTEE MEETING. COPIES TO MORRIS THOMPSON COMMISSIONER OF INDIAN AFFAIRS DEPT OF INTERIOR BLDG WASHINGTON DC; JOE FONTANA 1730 PENNSYLVANIA AVE NORTHWEST WASHINGTON DC. HOWARD BARNES CHAIRMAN F-1201 (R5-69) MUHD Teleo Y 1976 SEP -6 PM11:50 MARY LOUISE WATTERS SECRETARY WILLIAM H THOMPSON MEMBER (BRUCE M TOWNSEND 201 DENVER BLDG TULSA OK 74119) NNNN SF-1201 (R5-89) NDN KOO-20-5-3200-2190-231 BRUCE M. TOWNSEND, CHAIRMAN DELAWARE TRIBAL BUSINESS COMMITTEE 201 DENVER BUILDING 7th AND DENVER AUG 23 6 TULSA, OKLAHOMA 74119 ACKNOWLEDGE RECEIPT OF YOUR AUGUST 17 HAILGRAMS, AND AUGUST 16 TELEGRAM WHICH TRANSMITTED THE CONTENT OF FURTHER AFFIDAVITS FROM MARY LOUISE WATTERS, HOWARD BARNES AND WILLIAM H. THOMPSON. COMMISSIONER'S CALL FOR SEPTEMBER 11 GENERAL COUNCIL MEETING REMAINS NDN KOO-20-6-3200-2190-23N UNCHANGED, NOTWITHSTANDING THE MATERIAL YOU SUBMITTED. WE REGRET YOUR NOT BEING ABLE TO ATTEND THE AUGUST 18 MEETING IN TULSA, BUT APPRECIATE THE PRESENCE OF MR. JOHN STREET. (Sgd) Morris Thompson COMMISSIONER OF INDIAN AFFAIRS CORD LIBRARY is cc: Muskogee Area Director BCCO Code 400 Comm'r. RF 2 copies Surname Chrony-440 Mailroom Holdup BFARRING rtb 8/20/76 Cass. # 03 OF THE INTERIOR United States Department of the Interior $. BUREAU OF INDIAN AFFAIRS WASHINGTON, D.C. 20245 March 1845 IN REPLY REFER TO: Tribal Government Services AUG 20 1976 FORD & LIBRARY GERALD Memorandum To: Director, Office of Indian Services From: Tribal Relations Specialist Subject: August 18 meeting with Delaware tribal leaders A meeting convened at 6:30 PM on August 18 in the Public Library in Tulsa, Oklahoma. The following were present: From the Business Committee Nathan Young III, member John J. Journeycake, member Don Wilson, member Mr. John Street, representing Bruce Townsend (Mr. Street is Bruce Townsend's law firm partner) From the Grievance Committee Scott Secondine, Vice Chairman Wathene C. Young, member Bureau Staff Dennis Springwater, Muskogee Area Tribal Operations officer Joe Parker, Tahlequah Agency Superintendent Bob Farring, Washington, Office The Area Director issued notices of the meeting to provide an opportunity to discuss with tribal leaders, the Commissioner's August 17 letter setting forth the procedure to be used in conducting the September 11 general council meeting to consider the removal of three business committee members. I hand-delivered to each person present, a copy of the Commissioner's REVOLUTION August 17 letter. AMERICAN BICENTENNIAL 1776-1976 © L - Earlier in the day, Dennis Springwatrer, Joe Parker and I reviewed the Commissioner's guidelines and drew certain conclusions regarding their implementaion. All agreed that it would be highly desirable for the person chosen to chair the meeting to be in Oklahoma the day before the meeting to meet with those Bureau employes who will have a role in conducting the session. Contact STRATE FORD LIBRARY with representatives of the grievance committee would also be useful at that time, in view of their role in presenting the charges. The Area and Agency Offices understand they are responsible for the details and any costs associated with conducting the meeting. However, I conveyed to them my understanding that the Washington Office would arrange for, and make payment to, the Commissioner's representative who will chair the meeting. In an August 17 telegram to the Area Director, Mr. Towsend advised that the following declined to attend the August 18 meeting in Tulsa: From the Business Committee Bruce M. Townsend, Chairman Henry A. Secondine, Vice Chairman Mary T. Crow, Secretary Leo H. Johnstone, Member From the Grievance Committee Howard Barnes, Chairman William H. Thompson, member Cited as the primary reason for the absence of the above was Mr. Townsend's belief that the June 28 grievance committee action is without validity. For this reason we were surprised that Mr. Townsend's law partner showed up. During that session we explained the procedures and invited comments or suggestions. Included among suggestions were, that respresentatives of the news media be excluded from the September 11 meeting, but that each Oklahoma Congressman and Senator be invited to have a representative present at that session. The Area Office will take positive action on both matters. In response to questions from grievance committee members, I explained that while the Commissioner's letter was silent on the matter, it was my understanding that they would be permitted to have legal counsel to assist in their presenting the charges during the 30 minute periods allowed for that purpose. This was earlier explained to me by Scott Keep, of the Solicitor's Office. Regarding the response to the charges, I expalined the inter- pretation made earlier by Scott Keep that as many as 3 persons could speak on behalf of the accused, i.e,, the accused, his legal counsel, and a member of the tribe authorized by the accused. Mr. John Street explained that Mr. Townsend is in the process of exhausting his administrative remedies in an effort to avoid the holding of the September 11 general council meeting. If that fails, he then plans to request the Federal District Court to issue a restraining order to enjoin the holding of the meeting, according to Mr. Street. I then told Mr. Street that as far as we are concerned, Mr. Townsend has already exhausted his administrative remedies. In further discussion with Mr. Street, he indicated that his main concern was for the accused to be given a fair chance to respond to any charges before they were subjected to possible removal. I assured him that was the Commissioner's objective in drawing up the August 17 letter of procedures. I did not encounter any representatives of the news media. The press release was not available before I left Washington, neither did it arrive in Oklahoma via facimile, while I was there, as was planned by the Information Office. Bob Jarring Jarring or United States Department of the Interior BUREAU OF INDIAN AFFAIRS WASHINGTON, D. C. 20245 OF IN REPLY REFER TO: BUREAU OF INDIAN AFFAIRS For Release August 18, 1976 Lovett 202-343-7445 DELAWARES TO CONSIDER REMOVAL OF OFFICERS Commissioner of Indian Affairs Morris Thompson announced today that he has called a special meeting of the Cherokee Delaware Tribe's general council to convene at 10:00 a.m., September 11, in the old high school gymnasium in Dewey, Oklahoma to consider removal of certain of its officers. The general council will consider charges presented by the grievance committee against the chairman of the business committee, the vice-chairman and the secretary. After hearing a response to the charges, the general council will vote either to clear the individuals of the charges or to remove them from office. The Commissioner explained that this action was taken by him under Section 5 (B) of the tribal by-laws which directs him to call a general council meeting when advised that the tribal chairman has refused or failed to respond to such a request by the tribal grievance committee. The Commissioner emphasized that his action in no way should be construed as modifying his policy of refraining from becoming involved in internal tribal matters, and he added that his role in this case was mandated because of the specific language in the tribal by-laws. The tribe has approximately 8,000 adult members. XXXXXX CONSERVE AMERICA'S ENERGY Save Energy and You Serve Americal OF THE United States Department of the Interior BUREAU OF INDIAN AFFAIRS WASHINGTON, D. C. 20245 March 1849 IN REPLY REFER TO: AUG 1 7 1976 Tribal Government Services Delaware Tribal Business Committee Delaware Tribal Grievance Committee Dear Delaware Tribal Officials: In line with our August 6 telegram, we are providing in this letter the procedures that are to be followed in the conduct of the September 11 general council meeting of the Delaware Tribe. I have called this meeting pursuant to the requirements imposed upon me by Section 5(B) of the Delaware Tribal Bylaws following certain developments involving the tribal grievance committee and the tribal chairman. The special meeting is for the purpose of considering the removal from office of three members of the business committee who have been charged with misconduct and other undesirable actions, and the immediate filling of any resulting vacancies for the remainder of the unexpired term. Those to be considered for removal are: Mr. Bruce M. Townsend; Mrs. Mary Townsend Crow and Mr. Henry A. Secondine. The meeting will be chaired by a person I will choose to represent me and who is not an employee of the Bureau of Indian Affairs. Upon conclusion of the removal matter, my representative shall transfer control of the session to the appropriate officer of the business committee, as provided in the tribal governing resolution, for the consideration of such other business as is appropriate and that the tribe may wish to consider. Following are the specific procedures which will govern the conduct of the meeting: 1. Only those members who are duly registered to vote in tribal elections shall be admitted and permitted to participate in the meeting, provided that the individuals being considered for removal may bring legal counsel. Upon entering the meeting room, each voter's name will be checked against the tribe's official voter registration list. In the event the voter registration list is not available, the per capita payment roll will then be used and all members who are at least eighteen (18) years of age shall be permitted to participate in the meeting. Mr. Bruce Townsend, as a representative of the charged committeemen, and Mr. Scott Secondine representing the grievance committee, shall have the opportunity to appoint a representative to serve with a representative appointed by the CONSERVE AMERICA'S ENERGY Save Energy and You Serve Americal - 2 - Area Director to observe the voter checkoff procedure and resolve any questions of eligibility. 2. Call to order: The meeting shall be called to order promptly at 10:00 am on Saturday, September 11, in the old high school gymnasium in Dewey, Oklahoma and will continue without recess until the removal matter is concluded. 3. Consideration of removal shall be handled individually in alphabetical order according to the spelling of the charged persons's last name. The members of the grievance committee who determined on June 28 that a proper showing had been made in accordance with Section 5(B) of the tribal bylaws, shall have thirty minutes (for each of the accused) to read the charges and explain their determination. The accused shall then have thirty minutes in which to respond to the charges. Only the accused person or any accompanying legal counsel or any one member of the tribe authorized by the accused, shall be permitted to speak on the accused's behalf. If the accused is not present, or if he, or she, does not wish to make an oral presentation, a written statement by the accused not to exceed 2, 500 words will be read by the chairman of the meeting on behalf of the accused, provided it has been received by him by the time the meeting is called to order. If the accused is absent and has filed no written statement he, or she, may authorize in writing, and in advance of the meeting, one tribal member or legal counsel to speak on his, or her, behalf. If he, or she, fails to do so, any further right to respond to the charges is, thereby, waived. Following the response to the charges, a vote shall be taken by secret ballot to decide whether that individual shall be cleared of the charges or be removed from office. If a vacancy results, nominations shall immediately be open for candidates who will compete for election to the vacated position for the remainder of the unexpired term. Candidates must be present and qualify pursuant to Section 2 of the tribe's bylaws. A vote by secret ballot to fill such vacancy shall be concluded before proceeding with removal consideration of the next person accused. Each accused person shall be considered individually and any resulting vacancy filled before proceeding to the next person. 4. In that the chairman is elected pursuant to the bylaws for that specific position, the person elected to fill any vacancy that may result from his being removed from that office, would serve as chairman for the remainder of the unexpired term. In the event either Mrs. Crow or Mr. Secondine are removed from office, their successors would merely be considered members of the business FORD LIBRARY + DERALD - 3 - committee. That body would then take further action to choose from among its members who should be the new secretary and vice-chairman. 5. Questions of procedure shall be decided by the chairman of the meeting and his decision shall be final. 6. As provided in numbered paragraph 1, Mr. Bruce Townsend and Mr. Scott Secondine will each have the opportunity to appoint two representatives to witness the counting of the ballots which shall be done in open view of the assembly. Sincerely yours, Monis Thompson Enclosure OF THE RiOR United States Department of the Interior BUREAU OF INDIAN AFFAIRS WASHINGTON, D. C. 20245 March 1849 IN REPLY REFER TO: Tribal Government Services MEMORANDUM To: Muskogee Area Director From: Commissioner of Indian Affairs AUG 16 1978 Subject: Delaware Removal Meeting As indicated in our August 6 telegrams to Mr. Bruce Townsend and others, I have called a September 11 special meeting of the Delaware Tribe's general council to consider the removal of three members of the business committee. We appreciate the cooperation of you and your staff in making the necessary preparations for the conduct of such meeting I understand your Tribal Operations Officer has already reserved the old high school gymnasium in Dewey, Oklahoma, for the meeting which is to start at 10:00 AM on Saturday, September 11. We further understand that your staff is preparing to issue notices of the meeting that you will mail out to advise appropriately all adult members. It may be helpful to attach to such notice a copy of the enclosed letter which sets forth procedures to be followed at the removal meeting. We have attempted to provide some direction in the way the meeting is to be handled, and are asking you to take care of the preparations necessary to insure that the meeting achieves its objective, i.e., to provide the tribe's voters an opportunity to exercise a right guaranteed by the by the tribal governing document. Enclosure CONSERVE AMERICA'S ENERGY Save Energy and You Serve America! STATEMENTS OF OFFICIAL United States Department of the Interior BUREAU OF INDIAN AFFAIRS 1849 WASHINGTON, D. C. 20245 March IN REPLY REFER TO: Tribal Government Services Bruce M. Townsend, Chairman AUG 6 1976 Delaware Tribal Business Committee 201 Denver Bldg. 7th and Denver Tulsa, Oklahoma 74119 Dear Mr. Townsend: FORD & LIBRARY DERALD Your July 1 letter appealed the Muskogee Area Director's June 24 disapproval of your proposed attorney contract with the Delaware Tribe of Indians. As previously discussed with you, the Delaware Business Committee lacks specific authority granted by the tribal governing document to employ a tribal attorney. In order to comply with 25 CFR 72. 13 it was, therefore, necessary for general council action to make effective your 1973 contract (Contract No. G00-C-1420-2125). Further action by the tribe, meeting in general council, would be required before we could approve a new tribal attorney contract. However, as mentioned in our March 10, 1976, letter to you, Section 7 of your previous contract provides that such agreement may be extended without general council involvement for further periods of one year each. Extensions of the eontract may be made for the period of one year with the approval of the Delaware Tribal Business Committee and the Secretary of the Interior or his authorized representative. On April 12, 1976, the Delaware Tribal Business Committee approved a one-year extension of your 1973 contract. In the same resolution the Committee authorized the substitution of Winston and Strawn for the late Clyde J. Watts, who until his death served as a tribal attorney. It. therefore, appears that your appeal is, in effect, one from the refusal of the Area Director to approve a one-year extension of your 1973 contract and your employment under Section 3, thereof, of Winston and Strawn. In view of the terms of your 1973 contract and the business committee's approval of an extension of it and your proposed employment of Winston and Strawn under the extended contract, we conclude we must either approve or disapprove of the proposed extension and employment. Prior to our March 10, 1976, letter to you, we discussed with you the possibility of approving a short-term interim tribal attorney contract - 2 - executed by the business committee to permit the Delaware Tribe to employ counsel to file the jurisdictional statement then due on the appeal filed by the Delaware Tribe in the Weeks Case. A subsequent normal term attorney contract then would be submitted to a general council. You will recall that in February 1976 we had discussions with you about the possibility of such a short interim contract which would run until a general council could be held. The possible extension of the 1973 contract later came into consideration, resulting in our March 10, 1976, letter. However, because of evidence of a possible change of view on the part of the general membership of the Delaware Tribe with respect to the 1973 contract, had the proposed extension reached me earlier for approval, I would have approved it on the condition that further employment under it be submitted to a general council for ratification. Such conditional approval now is not feasible because the extension expires by its own terms on September 14, 1976. Accordingly, I hereby approve a one-year extension of the 1973 contract (Contract No. G00-C-1420-2125) from September 14, 1975, to September 14, 1976, subject to the following understandings: 1. That the approved employment for the extension period of the contract is exclusively for services on the appeals in the Supreme Court of the United States in the Weeks litigation (Delaware Tribal Business Committee, et al. V. Weeks, et al., No. 75-1309; Absentee Delaware Tribe of Oklahoma Business Committee, et al. V. Weeks, et al., No. 75-1335; Kleppe, et al. v. Weeks, et al., No. 75-1495; and Weeks, et al. V. Kleepe, et al., No. 1328); 2. That the cost of such services, including both fees and expenses, under the extended portion of the contract shall not exceed $50,000 and that the hourly fee for Winston and Strawn shall not exceed $50.00; and 3. That no further extensions of the contract will be approved, nor will any new tribal attorney contracts be approved without an authorizing resolution duly adopted at a general council meeting. The second understanding is embodied in the supplemental attorney contract which is included in your appeal. However, for the reasons stated in our letter of July 21, 1976, the supplemental attorney contract cannot be approved. Instead, we have given the approval of an extension of your 1973 contract and your employment of Winston and Strawn under Section - 3 - 3 of the extended contract on the understandings expressly set out above. Your appeal is granted on the understandings set out herein. As this decision involves the exercise of discretionary authority, it is final for the Department (25 CFR 2.19(c)(1)). Sincerely yours, Jose A. Zuni Actug Dpty. Commissioner of Indian Affairs OF United States Department of the Interior BUREAU OF INDIAN AFFAIRS WASHINGTON, D. C. 20245 March 1849 IN REPLY REFER TO: SCOTT SECONDINE, VICE-CHAIRMAN DELAWARE TRIBAL GRIEVANCE COMMITTEE 1802 S. 89TH E. AVE. TULSA, OKLAHOMA 74112 AUG 6 1976 ON THE DATE I HAVE SENT LIKE TELEGRAMS TO THE DELAWARE TRIBAL BUSINESS COMMITTEE CHAIRMAN AND THE CHAIRMAN OF THE GRIEVANCE COMMITTEE, THEY ARE WORDED AS FOLLOWS: "FOR THE REASONS STATED IN MY LETTER OF THIS DATE, I HEREBY APPROVE A ONE-YEAR EXTENSION OF YOUR 1973 CONTRACT (NO. G00-C-1427-2125) FROM SEPT. 14, 1075, TO SEPT. H, 1976. AS EXPLAINED IN MY LETTER, 1 WILL APPROVE NO FURTHER EXTENSIONS OF THAT PAGE OF 4 PAGES FORD is LIBRARY GENALD NDN-PD BIA-K00-20-8-8200-2130-SIN CONTRACT, NOR WILL I APPROVE ANY NEW TRIBAL ATTORNEY CONTRACTS APART FROM AN AUTHORIZING RESOLUTION DULY ADOPTED AT A GENERAL COUNCIL MEETING. REGARDING THE REMOVAL ISSUE -- WE HAVE COMPLETED OUR REVIEW OF DOCUMENTS PROVIDED TO US IN RESPONSE TO OUR JULY 15 WIRE AND CONCLUDE THAT THE JUNE 28 GRIEVANCE COMMITTEE ACTION E A VALID EXERCISE OF THAT BODY'S AUTHORITY. IN THAT THE BUSINESS COMMITTEE CHAIRMAN FAILED TO CALL THE REQUESTED GENERAL COUNCIL MEETING BY THE JULY 1 DEADLINE SPECIFIED IN THE JUNE 28 RESOLUTION, I AM REQUIRED BY SECTION $(B) OF THE TRIBAL BYLAWS TO CALL SUCH MEETING IN ORDER THAT THE TRIBAL VOTERS ARE NOT PAGE 1 OF 4 PAGES NDN-FD BIA K00-20-6-3200-2190-21N DENIED THE OPPORTUNITY TO EXERCISE A RIGHT GUARANTEED TO THEM BY THE TRIBAL GOVERNING DOCUMENT. THEREFORE, PURSUANT TO SECTION $(B) OF THE DELAWARE GOVERNING DOCUMENT I AM CALLING A MEETING OF THE DELAWARE TRIBE'S GENERAL COUNCIL FOR SATURDAY, SEPT. 11, 1976. THE HOUR, PLACE AND PROCEDURES FOR CONDUCT OF SUCH MEETING WILL BE SET FORTH IN A SEPARATE LETTER ON THIS SUBJECT TO FOLLOW. COPIES WILL BE PROVIDED TO ALL MEMBERS OF BOTH THE GRIEVANCE COMMITTEE AND BUSINESS COMMITTEE. UNLESS THE DELAWARE GOVERNING DOCUMENT IS APPROPRIATELY AMENDED, WE CANNOT RECOGNIZE THE USE OF MAIL-OUT VOTING, AS K BEING PLANNED FOR PAGE 3 OF 3 PAGES NDN-PD BIA K00-20-6-3200-2190-TIN AUGUST 21, TO TAKE THE PLACE OF A GENERAL COUNCIL MEETING. Jose A. Zuni Acting Deputy COMMISSIONER OF INDIAN AFFAIRS BRUCE MILLER TOWNSEND CHAIRMAN HENRY A. SECONDINE 201 DENVER BUILDING, 7TH AND DENVER MARY TOWNSEND CROW TULSA, OKLAHOMA 74119 IAIRMAN & BUSINESS MANAGER SECRETARY 125 SOUTH PECAN ROUTE 3 OWATA, OKLAHOMA 74048 BARTLESVILLE, OKLAHOMA 74002 DELAWARE TRIBAL BUSINESS COMMITTEE NATHAN YOUNG III DELAWARE INDIAN CENTER DON WILSON TREASURER 108 South Seneca MEMBER 411 E. ROSS LEQUAH, OKLAHOMA 74464 BARTLESVILLE, OKLAHOMA 74003 228 N. BUCY BARTLESVILLE, OKLAHOMA 74003 Phone 918/336-5272 OHN J. JOURNEYCAKE LEO H. JOHNSTONE MEMBER MEMBER 1606 S. 69th. E. AVE. 1830 MOONLIGHT DRIVE ULSA, OKLAHOMA 74112 BARTLESVILLE, OKLAHOMA 74003 ANCE COMMITTEE: 1 Barnes man IX 204 :a, Ok. 74051 econdine July 5,1976 Chairman 69th E. Ave. Dk. 74112 ouise Watters :retary ox 525 Ok. 74022 Dear Mr. Townsend: H. Thompson ember x 335 Pursuant to a Grievance Committee Resolution m, Ok. 74349 of June 28, 1976, a General Council of the Delaware € C. Young ember Tribe will be held July 17, 1976, at Dewey, Oklahoma. Yale, Apt. 22C One of the items of business is the recall of 1k. 74135 Business Committee Members for Misconduct in Office. The following allegation has been charged against you. Notice is given to you to attend this General Council and to prepare any defense you might have to this charge. At that time, the Delaware General Council will pass judgment upon the allegation. Sincerely, Scott Secondine, Vice Chairman ENCLOSURE FORD LIBRART NOW COMES the Grievance Committee of the Delaware Tribe and INFORMS you as to the following charges of MISCONDUCT: BRUCE TOWNSEND I. Repeatedly stating that as long as you are Chairman there never will be another General Council. II. Dictatorial use of your Chairmanship by editing and editorializ- ing the Tribal Newsletter to benefit your attorney's contract; specifically denying an article by John Journeycake which you considered unfavorable to your contract. III. Perjury in that under oath you testified that you hever heard of the Kansas Delawares when in fact you had been repeatedly informed of their existence. IV. Attempting to encumber the Tribe to the law firm of Winston & Strawn without a vote of the General Council. V. Refusal to call a General Council to vote on your own attorney's contract when directed to do so. BRUCE MILLER TOWNSEND CHAIRMAN HENRY A. SECONDINE 201 DENVER BUILDING, 7TH AND DENVER TULSA, OKLAHOMA 74119 MARY TOWNSEND CROW AIRMAN & BUSINESS MANAGER SECRETARY 125 SOUTH PECAN ROUTE 3 WATA. OKLAHOMA 74048 BARTLESVILLE, OKLAHOMA 74003 DELAWARE TRIBAL BUSINESS COMMITTEE NATHAN YOUNG III DELAWARE INDIAN CENTER DON WILSON TREASURER 108 South Seneca MEMBER 411 E. ROSS EQUAH, OKLAHOMA 74464 BARTLESVILLE, OKLAHOMA 74003 228 N. BUCY BARTLESVILLE, OKLAHOMA 74003 Phone 918/336-5272 IHN J. JOURNEYCAKE LEO H. JOHNSTONE MEMBER 1606 S. 69th. E. AVE. MEMBER ILSA, OKLAHOMA 74112 1830 MOONLIGHT DRIVE BARTLESVILLE, OKLAHOMA 74003 INCE COMMITTEE: Barnes nan 204 Ok. 74051 condine July 5, 1976 hairman 19th E. Ave. : 74112 rise Watters stary x 525 k. 74022 Dear Mr. Secondine: I. Thompson aber 335 Pursuant to a Grievance Committee Resolution Ok. 74349 of June 28, 1976, a General Council of the Delaware C. Young aber Tribe will be held July 17, 1976, at Dewey, Oklahoma. 'ale, Apt. 22C 74135 One of the items of business is the recall of Business Committee Members for Misconduct in Office. The following allegation has been charged against you. Notice is given to you to attend this General Council and to prepare any defense you might have to this charge. At that time, the Delaware General Council will pass judgment upon the allegation. Sincerely, your Scott Secondine, Vice Chairman ENCLOSURE NOW COMES the Grievance Committee of the Delaware Tribe and INFORMS you as to the following charges of MISCONDUCT: HENRY SECONDINE I Using your position to circulate a Petition to retain yourself in your present paying position along with the Tribal Chairman Attorney Townsend. II. Gross negligence in Office in that no other governmental funds have been secured by you for any other programs, except attempt- ing to refund yourself. III. Deliberately aid and abet the publishing of Tribal Newsletters when you had knowledge that they contained false and erroneous information. X BRUCE MILLER TOWNSEND CHAIRMAN HENRY A. SECONDINE 201 DENVER BUILDING, 7TH AND DENVER AIRMAN of BUSINESS MANAGER TULSA, OKLAHOMA 74119 MARY TOWNSEND CROW 125 SOUTH PECAN SECRETARY OWATA, OKLAHUMA 74048 ROUTE 3 DELAWARE TRIBAL BUSINESS COMMITTEE BARTLESVILLE, OKLAHOMA 74003 NATHAN YOUNG III DELAWARE INDIAN CENTER TREASURER DON WILSON 411 E. ROSS 108 South Seneca MEMBER LEQUAH, OKLAHOMA 74464 BARTLESVILLE, OKLAHOMA 74003 228 N. BUCY Phone 918/336-5272 BARTLESVILLE, OKLAHOMA 74003 OHN J. JOURNEYCAKE MEMBER ULSA, OKLAHOMA 74112 PS jo LEO H. JOHNSTONE 1606 S. 69th. E. AVE. MEMBER 1830 MOONLIGHT DRIVE BARTLESVILLE, OKLAHOMA 74003 ANCE COMMITTEE: Barnes man x 204 , Ok. 74051 condine July 5, 1976 Chairman 69th E. Ave. k. 74112 uise Watters etary x 525 )k. 74022 Dear Mrs. Crow: H. Thompson nber 335 1, Ok. 74349 Pursuant to a Grievance Committee Resolution C. Young of June 28, 1976, a General Council of the Delaware mber rale, Apt. 22C Tribe will be held July 17, 1976, at Dewey, Oklahoma. :. 74135 One of the items of business is the recall of Business Committee Members for Misconduct in Office. The following allegation has been charged against you. Notice is given to you to attend this General Council and to prepare any defense you might have to this charge. At that time, the Delaware General Council will pass judgment upon the allegation. Sincerely, Scott Secondine, Vice Chairman ENCLOSURE FORD RECEIVED JUL 9 1976 OPERATIONS IN NOW COMES the Grievance Committee of the Delaware Tribe and INFORMS you as to the following charges of MISCONDUCT: MARY CROW I. Wrongfully, maliciously and flasely report the Minutes of the Business Committee Meetings to the benefit of the Chairman, your own brother. II. Refuse to provide the Business Committee Minutes of October 28, 1976, to the BIA within a reasonable time as requested, when you knew such Minutes were damaging to the Chairman, your brother. III. Wrongfully, maliciously, and falsely record the April 5, 1976, Resolution calling for a General Council when you knew such resolution called for a vote on your brother's attorney contract. IV. Wrongfully use T. G. D. P. funds to send out a Newsletter on May 13, 1976, without first presenting the Newsletter to the Business Committee and editorializing the Newsletter to the benefit of your brother, the Chairman. Tribal Government Services Through: Acting Chief, Division of Tribal Government Service Director, Office of Indian Services JUL 06 19 Tribal Relations Specialist 8-28-76 Special Meeting of Cherokes-Delawars Business Com Bartlesville, Oklahoma On 6-21-75. Tribal Chairman Bruca Townsend, met in Washington, D. C. with Ted Krenzke, Director, Office of Indian Services, to discuss the content of a proposal he planned to submit to a special meeting of the Delaware Business Committee scheduled for 6-28-75 at Bartlesville, Cklahoma. At the 8-21 session, Mr. Townsond requested that the Cemmissioner send a staff member from the Washington Office to attend the 6-28 business committee meeting for the purpose of observing its conduct. In view of the prolonged controversy surrounding the affairs of the tribe, Mr. Krenzke agreed to comply with such request and then arranged for me to perform that role. Mr. Dennis Springwater, from the Muskogee Area Office, and Tahlequah Agency Superintendent Joe Parker accompanied me to the meeting. Written notices, as well as telephone calls, were given to all members of both the business committee and the grievance committee on 6-23 announcing the 6-28 special meating. All seven members of the business committee attended, however, only three of the five crievance committee members were present. About 40 or so others were on hand to observe: most of whom are tribal members representing the anti-Bruce Townsond viewpoint. From the beginning of the session, attempts were made by certain members of the audience to express their views recarding what they consider to be the chairman's action to thwart efforts to hold a general council meeting. Mr. Townsend stated that it was his policy to avoid resorting to executive sessions of the business committee, but such interference may force him to limit attendance to tribal officials. After action to correct certain errors in the minutes of the May 11 meeting, the chairroan read a prepared statement proposing that the committee call 4 regional meetings for the sole purpose of informing tribal members regarding the issues DOW confronting the tribe, i.e., status of the Weeks case, proposed attorney contracts and proposals to amend the bylaws. Such meetings would take the place of the general council meeting earlier scheduled for July 17. - 2 He called for an end to town-hall type meetings and stated that he would not now or ever call a general council meeting in that such session would deny out-of-state and other members the right to vote on issues of vital concern to them. Rather, he proposed the holding of a referendum vote subsequent to the informational meetings in order to provide an opportunity for all voters to east ballots, whether in person OF by absentee procedures. Mr. Journeycake announced that 30 day advance notices have already been posted calling for the July 17 general council meeting. He was unable to satisfy Mr. Townsend's request as to what authority empowered Mr. Journeycake to exercise responsibilities which are specifically delegated to the chairman by the tribal bylaws. In spite of attempts by the chairman to prohibit discussion by non-committee members. Mr. Chris White spoke loud and clear from the audience that "there will be no further meetings of the business committee unless the July 17 general council meeting is conducted". At that point Mr. Townsend asked that 1 cenvey to the Commissioner his request for adequate security to permit the holding of subsequent meetings of the tribal governing body. The chairman then presented a motion, seconded by Mr. Johnstone, that the July 17 general council meeting not be held. It passed by a vote of 4 to 3. Because of the mounting pressure on the part of the audience for an opportunity to address the committee, a motion was passed to permit interested persons to present their views for no longer than 5 minutes each. While most of the speakers attempted to express themselves in clear, concise statements, It was obvious they were about to explode from frustration. Many of them spoke for the purpose of attempting to convey to the Washington Office what they feel to be R hopeless situation. They clearly stated they no longer want Mr. Townsend to be chairman and cited examples of what they view as conflict of interest, dictatorial behavior, and manipulation of 3 committee members. Mr. Chris White, appeared to be the lender of the anti-Bruce Townsend forces present. He is the one who was elected to chair the May 15 general council meeting which was later considered Invalid by the Commissioner. In response to a question directed to me concerning removal procedures, I ERALD FORD LIBRARY reviewed for one of the grievance committee members the provisions of Section 5(B) of the bylaws. Following a 4 to 3 vote favoring Mr. Townsend's motion to hold the 4 informational meetings, the committee voted to take a short recess. During that interval, the 3 members of the grievance committee convened a mesting and attempted to initiate removal action by passing a resolution requesting the chairman to call the July 17 general council meeting. Attempts to present such resolution to the chairman when the meeting resumed, fell on deaf ears, Further efforts ON 3 $ to conduct business became increasingly difficult. At one point an argument between a woman in the audience and the sccreiary-treasurer resulted in a elight altercation. The secretary-treasurar, Mrs. Crow ( a sister to Bruce Townsend), received only a slight back scratch and ran from the room threatening to call the police. Because of the heated smotions, the meeting was then adjourned. At the request of the priovance committee 1 answered further questions about the mechanics of the removal process. They then adopted another resolution for submission to the chairman on June 22. It provided that the Commissioner would be requested to call a July 17 meeting of the general council for removal purposes if the chairman failed to do so by July 1. This is in line with Sec. S(33) of the bylaws, Mr. Townsend interrupted two different times and objected to my meeting with them. I assured him I would meet with his privately just as 2000 as I finished. A few minutes later, Mr. Townsand invited his supporters on the committee to join be and I in at discussion (Mrs. Crow. Mr. Johnstone and Mr. Secondine). Bill Sampson, a reporter from the Tolsa Tribune, was there for part of the session. Mr. Townsend announced that the referendum, on the issues to be explained at the 4 informational meetings, will be conducted on August 21. Dennis Springwater of the Area Office, then entered the meeting. Regarding the associate attorney contract, Mr. Townsend was not aware of the limitations placed on the initial Clyde Watts contract by the 2-28-75 Area Office approval letter. 1 showed him a copy which indicated that a copy had been sent to him. However, ha could not find it in his files. He acknowledged that this information casts a different light on the subject. Further, he was not aware of the specifics of the Commissioner's March 10 letter regarding the associate attorney contract and was pleasantly surprised when I pointed cut to him the reference to a provision in See. 3 of his own contract which permits the employment of an associate attorney without the need for general council action. In response to questions about his proposed schedule of meetines, 1 teld Mr. Townsend of the Commissioner's responsibility to support the tribal bylaws and that what Mr. Townsend is proposing conflicts with provisions in that document. (Sgd) Leslie N. Guy for Bob Farring CHAIRMAN ENRY A. SECONDINE 201 DENVER BUILDING, 7TH AND DENVER MARY TOWNSEND CROW TULSA, OKLAHOMA 74119 JRMAN & BUSINESS MANAGER SECRETARY 125 SOUTH PECAN ROUTE 3 NATA, OKLAHOMA 74048 BARTLESVILLE, OKLAHOMA 74003 DELAWARE TRIBAL BUSINESS COMMITTEE NATHAN YOUNG III DELAWARE INDIAN CENTER DON WILSON TREASURER 108 South Seneca MEMBER 411 E. ROSS 228 N. BUCY EQUAH, OKLAHOMA 74464 BARTLESVILLE, OKLAHOMA 74003 BARTLESVILLE, OKLAHOMA 74003 Phone 918/336-5272 HN J. JOURNEYCAKE LEO H. JOHNSTONE MEMBER MEMBER 1606 S. 69th. L. AVE. June 28, 1976 1830 MOONLIGHT DRIVE LSA, OKLAHOMA 74112 BARTLESVILLE, OKLAHOMA 74003 NCE COMMITTEE: RESOLUTION OF THE DELAWARE TRIBAL Barnes ian 204 Ok. 74051 GRIEVANCE COMMITTEE condine hairman 19th C. Ave. :. 74112 sise Watters stary x 525 R. 74022 Whereas, the Chairman of the Delaware Tribal Business 1. Thompson nber Committee on 6-23-76 did issue notices to all members of :35 Ok. 74349 the Business Committee and the Grievance Committee inviting C. Young both entities to a special meeting to be held on 6-28-76 and nber 'ale, Apt. 22C 74135 Whereas, a majority of the Grievance Committee (3 of the 5 members) were present and, Whereas, a number of complaints have been received requesting recall of members of the Business Committee and, Whereas, a majority of the Grievance Committee (3 of the 5 members) did convene a meeting of the Grievance Committee determined there is a proper showing pursuant to Sec. 5 (B) of the tribal bylaws, Now, therefore, be it resolved that the Chairman of the Delaware Business Committee is hereby requested to call a general council meeting of the tribe, for July 17, 1976 as he is required to do by Sec. 5 (B) of the bylaws, to act upon the complaints of misconduct in office. Be it further resolved that if the Chairman fails to call such meeting by July 1, 1976 the Commissioner of Indian Affairs is requested to exercise his responsibility set forth in Sec. 5 (B) and call such meeting. Be it further resolved that a copy of this resolution shall be mailed to the Commissioner, Area Director and members of the Oklahoma Congressionel Delegation. Scott Secondine, Vice Chairman mary L.Witters Watters, Secretary Watten young Wathene Young, Member Memo For The Record 6-24-76 From Bob Farring Subject: Cheroker- Delaware Flap FORD R: LIBRARY 8 3y Am, On 6-23-76 Bruce Townsend met in Washington, D.C. with Ted Krenzke, Bob Pennington and Bob Farring. He presented his Views regarding the handling of the issues needing attention by the tribal membership. He pointed out the Various injustices of holding a general council meeting, , such as many out- of. state persons who would not be able to attend & this would make the tribe subject to Court action because it denied them their right to participate in the governing process etc. we reminded Bruce of recent court cases recognizing Indian tradition & custom in the holding of elections, meetings t other governing Fanctions He admitted this was true but felt a referendam (mail out type of vote) should be used ever of the bylaws did not specifically provide for it When reminded of the express provisions for the holding of a general council meeting sot forth in the bylaws, he brushed it aside as less 2 Important than giving all members an opportunity to Consider the pending issues. He told of a Special meeting of the business committee scheduled for Monday, June 28 at which he intends to set in motion his plans for the following events: / Hold a Series of informational meetings at various locations to explain to the membership the attorney contract issue, the status of the Weeks case of possible modification of the bylaws 2 Schodule a referendum for mid August to vote on the above issues rather than hold the July 17 general council meeting. Bruce accepted Ted Krenzke's offer to provide at the June 28 mtg. an observer from the Central Office. In response to Bruce's proposal, Ted reminded him of the importance of compliance with the tribal bylaws. FORDO LIBRARY At the meeting, Bruce submitted to Ted the Commissioner's copy of his appeal from the Area Directors June 15 letter which disapproved the proposed Associate Attorney Contract. The original of such appeal was mailed to the Area Director on 6-22-76. When asked whether he had received a rejection from the Area Office mi regarding his proposed Contract, he said he had received nothing since the Commissioner's June ll response to his earlier appeal. Following the meeting, I checked with Denms Springwater and learned that the Area Office had neglected to respond to Bruce on the other contract proposal regarding its merits. He agreed to prepare a letter that whould disapprove it on the basis of it constituting a new contract because of an increase in fees & expenses -- thus requiring action by the general council. Bob Jarring GERALD F FORD LIBRARY Exhibit B RESOLUTION REVIL INC BY-LAWS UNDE WHICH THE DELAWARE TRIBAL BUSINESS COMMITTEE SHALL SPEAK AND ACT IN BEHALF OF THE DELAWARE TRIBE OF INDIANS. WHEREAS, on September 7, 1958, the Delaware Tribe of Indians meeting in General Council enacted the document designated "Resolution Establishing By-Laws Under Which the Delaware Tribal Business Committee Shall Speak and Act in Behalf of the Delaware Tribe of Indians, " which was signed by H. L. McCracken, Chairman of the Delaware Tribal Business Committee, Bruce/M. Townsend, Vice-Chairman of the Delaware Tribal Business Committee, Paul F. Fickinger, Area Director and Presiding Officer and Marie L. Wadley, Tribal Affairs Officer and Secretary Pro-Tem, which was subsequently approved by James Officer, Commissioner of Indian Affairs on the 31st. day of May , 1962, and WHEREAS, it is the intent and desire of the individual members of the Delaware Tribe of Indians duly assembled at Dewey, Oklahoma on the 6th. day of July, 1974, pursuant to a call and public notice of a General Council Meeting given by the Telaware Tribal Business Committee consisting of Bruce Miller Townsend, Chairman, Nathan H. Young, Vice-Chairman, Henry A. Secondine, Business Manager, Mary L.K. Townsend Crow, SecretaryTreasurer, and Yeoman A. Scott, Jr., to revise the Resolution dated September 7, 1958, above mentioned as herein- after resolved. BE IT THEREFORE RESOLVED THAT: The Resolution establishing By-Laws dated September 7, FORD 1958, be and they are hereby ratified and affirmed except as may be superceded by this Resolution. GERAL LIBRARY PART I - TRIBAL MEMBERSHIP A. Membership in the Delaware Tribe of Indians shall be limited only to those persons who meet or whose lineal ancestors meet the qualifications for participation for distribution in Indian Claims Commission Docket No. 72 & 298 as specifically stated in 25 United States Code Section 1292 (a), (b) and (c) (1) (excluding members of the Absentee Delaware Tribe of Western Oklahoma). B. Members of the Delaware Tribe Of Indians shall be issued a voter registration card showing name, address and registration number. C. Eligibility for voting in tribal election shall be limited only to persons 18 years of age or by September 30 of each election year and who meet the above qualifications as members of the Delaware Tribe of Indians. -y-Laws Revision Resolution Page 2 PART II - BUSINESS COMMITTEE AND GRIEVANCE COMMITTEE COMPOSITION AND VOTING PROCEDURE A. Voting shall be by secret ballot to be cast by voting at the polling place or by absentee ballot. B. The Polling Place shall be designated by the Delaware Tribal Business Committee at least 30 days before each rase Tribal election and notice thereof shall be given. Until changed by the the polling place shall be 108 S. Seneca, Bartlesville, Okla. syCorkmetter) C. Qualified voters shall present their Voter Registration Card to the Election Committee at the polling place between the hours of 9:30 A.M. and 5:00 P.M. on the voting date designated by the Delaware Tribal Business Committee and shall be issued one (1) vote to place in the ballot box there provided. This ballot box shall be locked and shall remain locked until 5:00 P.M. of the election date. The key thereto shall be kept by the Chairman of the Election Committee D. Absentee ballots shall be obtained by a letter signed in accordance with the Delaware Registration Card and addressed to the Election Committee at such address as may be later designated by the Delaware Tribal Business Committee, requesting an Absentee Ballot and shall state that the requesting person shall not be in attendance at the polling place on the election date. Absentee ballots shall be mailed :not earlier than thirty (30) days prior to the election date. A limit of one (1) ballot shall be mailed to each person -making request therefor. Absentee ballots must be mailed by the United States Mails so soactibe received at 108 South Seneca, Bartlesville, Oklahoma, 74003 before 5:00 P.M. on the election date in order to be counted. Absentee ballots must be mailed as herein stated in order to be counted. The Election Committee shall count all the ballots immediately, commencing at 5:01 P.M. on the election date. E. The number of officers of the Delaware Tribal Business Committee shall be increased from 5 to 7. 4 members shall constitute a quorum for the official transaction of tribal business. The officers of the Delaware Tribal Business Committee shall be the Chairman, Vice-Chairman, Secretary, Treasurer and 3 other members. By-Laws Revision Resolution Page 3 F. The Delaware Tribe Of Indians shall elect the Delaware Tribal Business Committee and the Delaware Tribal Grievance Committee by secret ballot and those 7 persons receiving the greatest number of votes shall serve on the Delaware Tribal Business Committee and those persons receiving the next 5 greatest number of votes shall serve on the Delaware Tribal Grievance Committee. G. The voters shall specifically vote for one member to be the Chairman of the Delaware Business Committee. No one member of the Delaware Tribal Business Committee shall hold more than one of the four designated offices, i.e. Chairman, Vice-Chairman, Secretary or Treasurer. The first meeting of the Delaware Tribal Business Committee shall be called by the Chairman within 10 days after the election date and said Business Committee shall elect persons to fill the office of Vice-Chairman, Secretary & Treasurer. Simultan- eously, the Chairman of the Delaware Tribal Business Committee shall call a meeting of the Delaware Tribal Grievance Comm- ittee and said Grievance Committee members only shall elect persons to fill the offices of Chairman, Vice-Chairman, Secretary and such other officers as the Grievance Committee shall see fit to create. In the event a person was elected to the Delaware Tribal Business Committee but preferred to serve on the Delaware Tribal Grievance Committee, he shall have the right to forfeit his membership to the Delaware Tribal Business Committee and thereby become a member of the Delaware Tribal Grievance Comm- ittee. Should such a forfeiture occur, the person certified by the Election Committee as having the 8th. highest votes cast in the entire election shall thereby become a member of the Delaware Tribal Business Committee. In the event there failed to be 12 candidates who file for office, or should a member of either Business Committee or Grievance Committee resign, die, or otherwise become incapable of serving, such vacancy shall be filled by a majority vote of the elected members of the Delaware Tribal Business Committee If and in the event the certification of election of any can- didate is questioned in a Court of Law, the remaining elected members of the Committee shall appoint a person to fill that vacancy until said questioned election has been finally deter- mined. If the entire election should be similarly questioned, then the Business Committee and Grievance Committee previously elected shall continue to hold office until said election has been finally determined by said Court of Law. FORD GERALD LIBRARY ,aws Revision .csolution Page 4 Any member of the Delaware Tribal Business Committee missing 3 consecutive Business Committee meetings with- out receiving an excused absence vote from the remaining Business Committee members shall automatically have for- feited his membership to the Business Committee whereupon the Chairman shall declare a vacancy and it shall be filled by a majority vote of the remaining Business Committee members until the next General election. H. Election Committee The election committee shall consist of 5 persons appointed by the Delaware Tribal Business Committee. The Delaware Tribal Business Committee shall designate the Chairman, Vice-Chairman, and Secretary. The duties of the Election Committee shall be (1) to mail absentee ballots, (2) to oversee the polling place on election day. (3) to count cast and absentee ballots immediately upon closing of the polls on election day (4) and issue written certificates of election following the final vote count. The Election Committee shall retain all ballots until 5:00 P.M. of the 3rd day following the election day. Any Candidate may demand a recount of ballots until 5:00 P.M. of the 3rd day following election day provided he, in writing to the Secretary of the Election Committee specify the reasons for the recount and post a $100.00 cash bond with the Secretary of the Election Committee to pay for cost of same. Cost of said recount shall be deter- mined by a majority of the Election Committee. (1). Election shall be held on the 1st. Saturday of November of each 4th. year starting in 1974. Each succeeding 4th. year shall be designated as the election year (2). Persons who are to become candidates for election to the Delaware TribalBusiness Committee and Delaware Tribal Grievance Committee shall file a Declaration of Candidacy at the Tribal Office on or before September 1 of each election year. Forms may be provided by mail but a prospective candidate can prepare his own Declaration of Candidacy provided he provides the follow- ing information in writing. 1. Full name 2. Address (Residence and business if applicable) 3. Telephone (Residence and business if applicable) 4. Gender and age 5. Delaware voter registration card number 6. Educational background and diplomas or degrees conferred (if applicable) 7. Civic & Fraternal affiliations (if applicable) 8. Business, profession or occupation amended July 6, 1974 9. A promise to support the By-Laws and best interests of the Delaware Tribe of Indians. 10. A promise to attend every meeting of the Business Committee to which he is elected unless absent for good cause. -Laws Revision. Resolution Page 5 In all other respects the September 7, 1958 By-Laws shall Remain as drawn where consistent with this Amendment to said 1958 By-Laws. Leo Pro H. Johnstone Johnstone Chairman of the July 6, 1974 Delaware Tribe of Indians General Council ATTEST: DELAWARE TRIBAL BUSINESS COMMITTEE mary L.K. Townsend brow Secretary Treasurer Chairman Miller Band Vice-Chairman Member Henry a.Seroudine Member German a. Suith Approved pursuant to authority delegated by the Commissioner of Indian Affairs in 10 BIAM 3.1. J. GOOD Area Director J/ Election Bureau of Indian Affairs Muskogee Area Office iuskogee, Oklahoma SEP 30 1974 Date Adopted September 7, 1958 RESOLUTION ESTABLISHING BY-LAWS UNDER WHICH THE DELAWARE TRIBAL BUSINESS COMMITTEE SHALL SPEAK AND ACT IN BEHALF OF THE DELAWARE TRIBE OF INDIANS. WHEREAS, it is expensive and inconvenient for the individual members of the Delaware Tribe to meet in General Council for the transaction of all tribal business; said tribal business has heretofore been administered through an administrative body designated The Delaware Tribal Business Committee, WHEREAS, it is the intent and desire of the individual members of the Delaware Tribe, 21 years of age and over, to define the manner under which the Delaware Trital Business Committee shall represent, speak and act for the individual members of the Delaware Tribe on matters affecting the proper- ties and general business of the Tribe, WHEREAS, the Delaware Tribe has not heretofore through means of written documentation defined the mechanics under which said Committee shall be elected and function, NOW BE IT THEREFORE RESOLVED THAT: Section 1 (A). The Delaware Tribal Business Committee shall consist of a Chairman, Vice-Chairman, Secretary-Treasurer, and two members, all of whom shall be elected by secret ballot and who shall serve for a period of four years. (B) Three members of the Delaware Tribal Business Committee shall constitute a quorum for the official transaction of tribal business. Section 2. No person shall be a candidate for membership in the Delaware Tribal Business Committee unless he shall be a member of the Delaware Tribe by blood and shall be at least 25 years of age. HALD LIBRANY FORD Section 3 (A). The first election of a Tribal Business Committee under this Resolution shall be called and supervised by the Area Director of the Muskogee Area Office or his authorized representative in accordance with election procedures outlined by him. Thereafter, elections shall be held every four years in July prior to the expiration of the terms of office of the members of the Delaware Business Committee. The date and place shall be designated by the Delaware Tribal Business Committee, and thirty (30) days prior to the election, public notice shall be given. The terms of office of members of the Delaware Tribal Business Committee shall be for four years, or until their successors are elected, qualified and installed. (B) Regular elections shall be held every fourth year commencing from the year 1958 A.D. Nominations shall be made from the floor. Election shall be by secret ballot, a plurality vote being necessary to elect. The newly elected officers shall be installed immediately upon their election. (c) If the Delaware Tribal Business Committee shall fail to give appropriate notice of the election, or in case a regular election shall not be held as in Section 3 of this Resolution, the Commissioner of Indian Affairs or his authorized representative shall call such an election and shall give thirty (30) days' notice, setting the time and place of the election. Section 4. Vacancies in any elective office shall be filled at any regular or special meeting of the Delaware General Council, providing that proper notice has been given. Section 5 The Delaware Tribal Business Committee is hereby empowered to appoint subordinate committees and representatives; to transact business of the Delaware Tribe, including the management or disposition of tribal property and the expenditure of tribal funds; and such additional business of the Tribe as the Delaware General Council may see fit to delegate to the Delaware Tribal Business Committee from time to time by appropriate resolution; provided, however, that any ordinances passed by the Delaware Tribal Business Committee governing membership, future membership or the loss of membership, shall be subject to the proval of the Delaware General Council, and, so long as the affairs of the Delaware Tribe are under the general supervision of the Federal Government, of the Commissioner of Indian Affairs or his authorized representative Section 5 (A). A Grievance Committee, consisting of five persons of Delaware Indian blood, shall be elected by the General Council, and shall not include any members of the Delaware Tribal Business Committee. The term of office of the Grievance Committee shall be for four years and the members shall be elected at the same time and in the same manner as that provided for the election of the members of the Delaware Tribal Business Committee. (B) The Grievance Committee shall investigate complaints of misconduct or other acts of the members of the Delaware Tribal Business Committee and upon a proper showing shall request the Chairman to call a special meeting of the Delaware General Council to act upon such complaints. In the event the Chairman refuses or fails to call such a meeting the Grievance Committee shall advise the Commissioner of Indian Affairs or his authorized representa- tive, who shall call the special meeting of the Delaware General Council for the purpose of hearing and acting upon such complaints. Such Council shall have power, by a majority vote, after giving the accused a hearing, to clear him of the charges; or to remove him from office, if guilty, and proceed to elect a successor, except if a member of the Delaware Tribal Business Committee fails to or refuses to attend two regular meetings in succession unless excused due to illness or other causes for which be cannot be held responsible, or shall be convicted of a felony, or a misdemeanor involving moral integrity, his office shall be forfeited automatically, and & special election shall be called by the Chairman of the Delaware Tribal Business Committee for his replacement, in accordance with Section 4 of this Resolution. Section 6. It shall be the duty of the Chairman of the Delaware Tribal Business Committee to preside at all meetings and perform all duties appertain- ing to the office. He shall exercise all authorities delegated to him and he shall be entitled to a vote on all questions. Section 7. In the absence of the Chairman of the Delaware Tribal Business Committee, the Vice-Chairman shall perform the duties of the Chair- man, assuming all the privileges, duties and responsibilities of the Chairman. Section 8 (A). The Secretary-Treasurer shall correctly record all proceedings of all meetings and shall forward copies of the minutes of all meetings to the Area Director and to the Commissioner of Indian Affairs. He shall be responsible for the prompt and efficient handling of all correspondence pertaining to the Business of the Council. He shall make out the order of business for the Chairman; shall notify all committees of their appointments; shall have custody of the records and all papers of the Council which records FORD and papers shall be open to inspection at any reasonable time, in his presence, by any members of the Council desiring to review them. He shall keep a correct list of all members of the Council, shall authenticate all accounts or LIBRARY orders of the Council, and in the absence of the Chairman and the Vice Chair- man, shall call the meeting to order until a Chairman Pro-Tem is selected. He shall render a written report at the annual meeting and at the expiration of his term of office, records and all papers in his possession shall be turned over to his successor. He shall issue notices of all meetings and conduct all general correspondence, as directed by the General Council or the Tribal Business Committee. He shall keep all tribal monies entrusted to his care in a special account and all disbursements therefrom should be made by check. He shall keep an accurate account of receipts and disbursements of all such tribal monies and make appropriate reports to the Delaware Tribal Business Committee and to the Delaware General Council at its annual meetings. The accounts and records of the Delaware Tribal Business Committee and the General Council shall be open at all times for inspection and audit by the Commissioner of Indian Affairs or his authorized representative. (B) The Secretary-Treasurer shall file a surety bond satisfactory to the Tribal Business Committee and to the Commissioner of Indian Affairs or his authorized representative. The cost of such bond shall be paid from tribal funds. Section 9. Special meetings of the Delaware General Council may be called at the discretion of the Chairman, and shall be called by him at the request in writing of the majority of the Tribal Business Committee, or by-a written request of thirty per cent of the members of the General Council. Section 10. The regular meetings of the Delaware Tribal Business Committee shall be held at a place and time to be determined by the Chairman, with proper notice to the members of the Committee during the months of January, April, July and October unless otherwise provided by Resolution. Section 11. Special meetings of the Delaware Tribal Business Committee may be called by the Chairman at his discretion and shall be called by him upon the written request of a majority of the Business Committee. Section 12. All meetings of the Delaware General Council and the Delaware Tribal Business Committee shall be conducted in accordance with Robert's Rules of Order. Section 13. This Resolution may be amended by a majority vote of the qualified voters of the Delaware Tribe of Indians of Delaware blood at an election called for the purpose by the Delaware Tribal Business Committee. It shall be the duty of the Chairman of the Delaware Tribal Business Committee to call such an election or referendum at the request of a majority of the Delaware Tribal Business Committee, or upon presentation of a petition signed by at least thirty per cent of the qualified voters, members of the Delaware Tribe: PROVIDED that not less than thirty days' notice of such meeting and proposed amendment shall be given to the members of the Tribe directly by mail, if feasible, and by appropriate publication throughout the communities in which the Tribal members reside. The foregoing resolution was duly adopted this 7 day of Sept, 1958 Chairman, Delaware Tribal Business Committee Brue m buncend Vice-Chairman, Delaware Tribal Business Committee This is to certify that there were approximately 350 of the adult members of the Delaware Tribe at the above General Council meeting; that therewere 2 opposing votes and a few not voting on the above resolution, and the resolution was therefore adopted FOR, 132 votes. Area Paul Director and Presiding Officer Makie L. Wadskey Tribal Affairs Officer and Secretary Pro-Tem L