Issues Affecting American Indians in Tennessee
This message board is provided as a public service for the specific purpose of sharing and discussing any and all issues that directly or indirectly pertain to Native American Indians living in Tennessee.
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American Indians in Tennessee government volunteer service
TN Archaeological Advisory Council
mandated 3 Native American representatives
  • Michael Lynch, West Tennessee (2008-12)
         member, Choctaw Nation of Oklahoma
  • Pat Cummins, Middle Tennessee (2004-08)
         descendant, Cherokee
  • Mark Cantrell, Middle Tennessee (2010-14)
         unknown tribal affiliation
  •   TN Historical Commission
    mandated inclusion of person/s
    of Native American ancestry

  • Brent A. Cox (2008-2012)
    444 Cades Atwood Road
    Milan, Tennessee 38358
    731-723-9994

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    TN Commission of Indian Affairs
    Website of the (defunct) TCIA * History of the 1st & 2nd TNCIA

    Greene (CNO) v. TCIA   filed 30 June 2010
    Commission terminated     30 June 2010


    Issues Affecting American Indians in Tennessee


    Issues Affecting American Indians in Tennessee
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    Greene v. TCIA final court order (PDF)

    http://www.wkms.org/documents/Greene-TCIA-agreed-final-order.pdf

    Text (gracias!):
    -----------------------------------

    IN THE CHANCERY COURT FOR DAVIDSON COUNTY, TENNESSEE AT NASHVILLE

    MARK GREENE, )
    )
    Plaintiff, )
    )
    v. ) No. 10-1053-III
    )
    TENNESSEE COMMISSION OF )
    INDIAN AFFAIRS, )
    )
    Defendant. )

    --------------------------------------
    FINAL AGREED ORDER
    --------------------------------------

    On June 30, 2010, the Plaintiff Mark Greene filed a complaint alleging that the Defendants had violated the Tennessee Open Meetings Act by failing to give adequate public notice of its June 19, 2010 meeting and by deliberating in secret prior to that meeting. On August 27, the Defendant Tennessee Commission of Indian Affairs filed an answer admitting that the notice of its June 19, 2010 meeting did not disclose that the TCIA intended to deliberate and/or vote on the adoption of Standing Rule 14 and on any applications for state recognition as an Indian tribe. The Defendant’s answer further admitted that discussions between one or more Commissioners concerning the TCIA’s proposed Standing Rule 14 and/or the applications for state recognition as Indian tribes were held either by electronic transmission or by telephone prior to the June 19, 2010 meeting.

    Accordingly, as evidenced by the signature of counsel below, the parties have hereby agreed that, based upon these factual admissions set forth in the Defendant Tennessee Commission on Indian Affairs’ Answer to Plaintiffs Verified Complaint, the Defendant did not give adequate public notice of its June 19, 2010 meeting as required by the Tennessee Open Meetings Act, Tenn. Code Ann. §§ 8-44-101, et seq. and that Plaintiff is entitled to an order declaring such meeting to have been held in violation of the Act and the actions of the Defendant in adopting Standing Rule 14 and awarding state recognition as Indian tribes taken at that meeting to be void and of no effect pursuant to Tenn. Code Ann. § 8-44-105.

    IT IS THEREFORE ORDERED, ADJUDGED and DECREED that:

    1. The Defendant failed to give adequate public notice of its June 19, 2010 meeting in violation of the Tennessee Open Meetings Act, Tenn. Code Ann. §§ 8-44-101, et seq.;

    2. The actions taken at the June 19, 2010 meeting by the Defendant in adopting Standing Rule 14 and in awarding state recognition as an Indian Tribe to the Remnant Yuchi Nation; United Eastern Lenape Nation of Winfield, Tennessee; Chikamaka Band; Central Band of Cherokee; Cherokee Wolf Clan; and Tanasi Council are declared void and of no effect pursuant to Tenn. Code Ann. § 8-44-105;

    3. Costs are to be taxed to the Defendant for which execution may issue.

    IT IS SO ORDERED.

    ENTERED THIS 7th DAY OF September, 2010.

    ELLEN HOBBS LYLE
    CHANCELLOR


    APPROVED FOR ENTRY:
    ROBERT E. COOPER, JR.
    Attorney General and Reporter

    JANET M. KLEINFELTER (BPR 13889)
    Deputy Attorney General
    Public Interest Division
    Office of Attorney General
    P.O. Box 20207
    Nashville TN 37202
    (615) 741-7403
    Counsel for Defendant Tennessee Commission of Indian Affairs

    ROBERT D. TUKE (BPR 4650)
    Trauger & Tuke
    The Southem Turf Building
    222 Fourth Avenue North
    Nashville TN 37219
    (615) 256-8585)
    Counsel for Plaintiff Mark Greene
    ________________________________________________________________
    In accordance with US Code Title 17, Section 107, this material is distributed without profit or monetary gain to those who have expressed an interest in receiving the material for research, non-profit news and educational purposes.

    Re: Greene v. TCIA final court order (PDF)

    So the question is, who will be paying those court costs and attorney fees? Sounds like Tennessee might have a tort claim against those who signed the paperwork.

    Re: Greene v. TCIA final court order (PDF)

    Even at that, the state got off cheap. Just think of the costs to the taxpayers if these groups had gotten the chance to file for grants and programs. --You know they wanted to!


    TN & American Indian Related Links
  • Tennessee Legislature
  • Tennessee Executive Branch
  • Federal Government Links
  • Tennessee.gov
  • TN Attorney General
  • TnCIA official website

  • Native American Indian Association of Tennessee (NAIA)
    Advisory Council on Tennessee Indian Affairs (ACTIA)
    Alliance for Native American Indian Rights (ANAIR)
    Tennessee Native American Convention (TNNAC)
    Tennessee Trail of Tears Association (TnTOTA)
    Tn Commission of Indian Affairs (Unofficial)
    Chattanooga InterTribal Association (CITA)
    InterTribal Sacred Land Trust (ITSLT)
    The Forum
    Tanasi Journal
    Native Nashville
    TN Indian Affairs Blog
    Chikamaka History Timeline
    Mundo Hispano/Hispanic World
    Tennessee Ancient Sites Conservancy
    Indian Burial & Sacred Grounds Watch



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