It’s that time of the month where I critique yet another set of minutes from the biased, fraudulent VCNAA. Original minutes are in the link below with commentary below that as well:
vcnaa_minutes_021511
Commentary starts here:
2. Update on current recognition legislation
Luke gave a briefing on the status of the bills regarding the State Recognition of the Elnu and Nulhegan tribes. The two House bills have passed and crossedover to the Senate.
This was done by a voice vote after the House claimed that they had poured over all of the documentation. I don’t believe it. Neither application should have passed.
Peter Thomas was recognized by the chair. He asked if scholars from the Review Panel would be testifying in regards to pending applications (ie Missisquoi). Luke explained that the legislative committees had taken testimony from Review Panel scholars during the Elnu and Nulhegan committee hearings. Presumably, the committee will do the same with future recommendations.
I assume that both David Lacy and Dave Skinas will not be able to give any more testimony, which makes sense considering what they did.
3. Public records redaction process
After requesting clarity on the process of redacting information that is exempt from the public record (ie Archeological site locations, Genealogy) from recognition applications and reports from the Commission and Scholar Review Panels, legal counsel from the Division for Historic Preservation is helping to develop a process.
When was genealogy made exempt from the public record? These people just do not want anyone pouring over their genealogy because it does not line up with what they are trying to do!
Luke has made it clear to legislators and Historic Preservation that the Commission does not have the resources to perform legal redactions. Luke suggested that the Commission consider adopting a policy that instructs applicants that this information can’t come to us.
He could ask his pal, Mr.Illuzzi, to pull a few strings. Illuzzi’s already at it, helping these people to obscure the truth about themselves.
Dawn mentioned that it would be difficult for us to establish the kinship criteria in our reports without the genealogical references. Luke noted that the Scholar Panels would still be able to access the information and we can reference their responses in our reports.
Fred moved to make it policy from this point on that applications may not include genealogical information that identifies specific living individuals or archaeological site locations. This information may be included in the Expert Review Panel packets.
Only these “review experts” will have access to this information. And, if they are connected to the members of this commission? You can bet your bottom dollar that the public will not hear or see this information.
Nathan suggested that we use the word “must”, rather than “may” in the last sentence. Fred amended his motion to replace “may” with “must”. Takara seconded Fred’s motion. Luke stated the motion with the exact wording, “Applications may not include genealogical information that identifies specific living
individuals or archaeological site locations. This information must be included in a separate packet that only goes to the expert review panelists.” All agreed.
This whole process is comical. Only in the state of Vermont, can you invent a tribe, join a commission and make your own rules. What about transparency in government? Are these people really afraid that others are going to harm them if their genealogical information is out there?
4. Review draft Commission Report re: Koasek of the Koas
Dawn began by noting that the addendum satisfied any concerns from the initial review but voiced a concern about some names and addresses that were not included in the application. Luke mentioned that the Commission has already voted unanimously to recommend recognition of Koasek to the General Assembly. He noted that Nathan had originally brought up the fact thatthere were Koasek members whose names and street addresses were left out for privacy purposes. Luke confirmed it as 17 members and that their Band ID numbers and town/state of residence were listed in the roster to document their existence. This is detailed in the Commission’s draft report to the legislature. Luke asked how we interpret Criterion 4.
Despite the fact that some of the scholars expressed doubt as to the legitimacy of this incorporation (mainly Lacy & Skinas), they approved the application.
This is totally not a surprise at all. Anyone who thought that these people were going to do the right thing, obviously had no clue about their true purpose on this commission.
He mentioned that, fundamentally, the criterion is to establish the existence of the applicant’s “organizational structure” and how the fact that a tribe keeps a detailed census of its members
supports that. He said that although some names were left out for privacy purposes, the Commission was still able to confirm that the applicant maintains a census of its members. Fred mentioned that the criterion did not specify that ‘all’ names and addresses be included. Discussion continued around the purpose and intent of the names and addresses. Nathan voiced
that his concern is that we will set a precedent. Luke mentioned again that we must look at the criteria. We use the names and addresses for two purposes: To establish that a majority of the
applicant’s members currently reside in a specific geographic location within Vermont; and to support that the applicant maintains an organizational structure that exerts influence and
authority over its members. We’ve seen this.
It seems to me like Nathan was right to ask questions. It’s too bad that Luke and Fred aren’t interested in listening. Nope, can’t have Nathan rocking the apple cart.
Chief Nancy Millette-Doucet was recognized. She explained that this particular family would not permit the publishing of their personally identifiable information for reasons of privacy. She
said that Koasek is a tribe, not a dictatorship, and she cannot force them to be public or expelthem from the tribe for exercising their own right to privacy.
It’s not a tribe, it’s an incorporation. The “Queen Bee” makes yet another appearance. The funny thing is, no one has said just who this “family” is.
Nathan said that the law needs to be changed.Luke said that there is definitely a gray area in the law, however, we already voted to unanimously to recommend Koasek for recognition. No one brought this up at the public hearing or any of the other meetings we have had since Koasek’s application was submitted on November 16th of last year. We need to provide a report to the legislature and that is the item at hand. It can be amended to say anything we want but we need to provide the legislature with a report.
Just because no one brought it up, doesn’t mean that there wasn’t opposition to it. Also, who writes these minutes?
Nathan moved to not approve the draft report. No one seconded.
See what I mean? They were going to approve it regardless of what Nathan and others said. This is why this commission should be disbanded.
Fred noted that he is fine with the report because we noted in it that the 17 names were redacted for privacy purposes. We are up front about it in the report and we explain our decision.
Nathan brought up how Chief Roger Longtoe asked about the names and addresses in Newport and we told him that they have to be included. Everyone should have to do the same thing.
Luke said that Koasek did provide names and addresses and that he told Chief Nancy the same thing that he told Chief Roger. Luke said we may be forgetting that Eloise Beil, Bill Haviland,
and David Skinas all provided detailed reports of approval, that include the fourth criterion.
Everyone should do the same thing, unless their name is Nancy Millette-Doucet. See what I mean? I figure, if you’re going to hold one of these groups to a standard, you might as well hold all of them to the same standard.
Nathan brought up that he hadn’t received the tribal rolls until recently. Luke brought up that it is up to Historic Preservation to provide you with handouts if you are absent from a meeting.
Actually, Luke should have copies of these handouts on him at all times. He is the Chair after all.
Takara said that we each have the personal responsibility to request the handout if we don’t have it. All handouts are recorded in the agendas and minutes. Fred said that we drafted this report based upon what we were given. We’ve done our job. Takara said we need to get back to the report and moved to approve the draft report and forward to the legislative committees. Fred seconded. Motion passed by unanimous vote.
After they finish brow-beating Nathan, they decide that it’s more important to get a crock report to the Legislature instead of fleshing out all of the details.
What’s the hurry? You’ll find out below.
5. Missisquoi Application Review
The Commission looked at reports from the Scholar Review Panel (Peter Thomas, Kevin Dann,and Bill Haviland). All were positive. Nathan mentioned that he did not have a copy of the
Missisquoi application because he was absent from the January 19th meeting when they were passed out. Melody has excused herself from the Missiquoi review because she is a former
member and because she is mentioned in the application, so she offered her copy to Nathan.
Dawn had positive remarks about the Missisquoi application but has an issue with the names and addresses because there are people listed who are not members of the tribe anymore. Dave
mentioned that the tribe has procedures that members must file to be removed from the tribe’s rolls. Luke noted that he understands that but having Don Stevens, who is Chief of the Nulhegan Tribe listed, is a conflict. It is common knowledge that Chief Don is no longer a member of Missisquoi. These names conflict with other applications that have already been checked for accuracy. It looks like an older list that just needs some updating. No harm done. We can work with Chief April when she returns from vacation to amend the list. We must do this so that wecan accurately determine the percentage for the first criterion.
Do the Feds know about April’s little vacation? Also, if your family tree is held at the Missisquoi Building on Grand Ave. in Swanton, you may be on the list for Missisquoi. Unless you specifically request to have your records removed, they WILL use it to try and get recognition.
Also, it’s true that Donald Stevens should no longer be on the Missisquoi list. I’ve heard rumblings about how these people “jump” from one incorporation to another in order to try and get recognition.
Nathan said we should look over all information first to make sure it is correct before it is sent to the scholars. Luke said that we can’t do that. The scholars examine information that we’re not even allowed to see. Addenda are forwarded to scholars. Dave said it’s up to the applicants to provide correct information. We can ask for clarity and additional information and send it along to the scholars but our job is to facilitate, review, decide, and report. More discussion followed.
I’m not sure if Nathan is truly ignorant of the processes but I will concede that they seem to be giving him hell just for asking uncomfortable (but very legit) questions.
6. Status of Active Scholar’s List
David Lacy and David Skinas were both given ethics violations by the USDA for using Forest Service and USDA letterhead on their reviews. Luke found this interesting since Mr. Lacy was given permission to conduct his review during work hours and Mr. Skinas has worked with Native American tribes for a long time. He found it even more interesting that chain of
communication in regards to these “violations” originated from the Bureau of Indian Affairs.
Identical reviews (minus the letterhead) were provided for our files so that the record would reflect that the federal government does not share the views of their employees. The Commission was less than impressed and even less surprised.
Luke Willard, if you’re reading this blog, then you of all the people should know by now that both Dave Skinas and David Lacy illegally used those letterheads for their respective federal employers in their letters of recommendation. Federal law has established that by writing such letters, it gives the false impression that the agencies on those letterheads ENDORSE these groups, which they obviously do not.
If the part about letters minus the letterheads is correct, then why didn’t the commission submit those letters instead of the letters WITH the letterheads? Something isn’t adding up here and I think that by using the letters with those official-looking letterheads, that the Commission was trying to build “legitimacy”.
Peter Thomas added that BIA should have no interest in State Recognition review panels. Nathan asked if we would be issuing a response. Luke mentioned that our process and the individuals themselves have been harmed by this. Even on personal time, Lacy can’t participate anymore. Nathan asked if they are allowed to volunteer at the local food shelf or anywhere else. Takara said that this is a free country and it was even on their own time. Luke said we didn’t ask the USDA or the Forest Service for anything. Our interest is in the scholar’s experience and education and not their title. Nathan suggested we give the two agencies some extra paper for their time. Luke added that hostility from the feds is nothing new.
Actually, when you misuse Federal letterheads, it becomes the business of the Federal government.
The VCNAA willingly used these recommendation letters with the hopes that they would “legitimize” this whole process.
You know, I just find it funny that these people are just now claiming that the departure of Skinas and Lacy is “harming” them and this process.
Let’s see, they sit on a biased and compromised VCNAA in which each member is intimately connected. They voted to pass on bills to support recognition of their friends. They worked with scholars that have known them for years and would obviously approve their recognition.
They have it easy here. There’s no hard questions being asked. Their genealogy is not being addressed by the State of Vermont. They are practically cruising through without many speed bumps. Well, not anymore.
Who’s really being harmed by this process? Hint: It’s not the Vermont Commission on Native American Affairs!
It’s the Odanak people who reside in Vermont who are being harmed. It’s the people who aren’t part of this Alliance that are being harmed.
People who find this VCNAA to be a complete and utter joke! Right now, the VCNAA has the credibility of tyrants like Gadhafi, Ben Ali and Mubarak!
To the Vermont Commission on Native American Affairs: STOP PLAYING VICTIM HERE!
You are making victims out of people, not the other way around!