Issues Affecting American Indians in Tennessee
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         member, Choctaw Nation of Oklahoma
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         descendant, Cherokee
  • Mark Cantrell, Middle Tennessee (2010-14)
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  •   TN Historical Commission
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  • Brent A. Cox (2008-2012)
    444 Cades Atwood Road
    Milan, Tennessee 38358
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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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    the TCIA's 7+ violations of state law admitted by its lawyer, the state Attorney General

    Greene v. Tennessee Commission of Indian Affairs, Nashville - 30 June 2010

    ANSWER OF DEFENDANT TENNESSEE COMMISSION OF INDIAN AFFAIRS - 27 August 2010

    The Tennessee Commission of Indian Affairs ("TCIA"), by and through its attorney of record, the Attorney General and Reporter for the State of Tennessee, hereby submits this Answer to the Verified Complaint.

    1. TCIA admits that its Standing Rules were not adopted in accordance with the provisions of the Uniform Administrative Procedures Act, Tenn. Code Arm. §§ 4-5-201, et seq.  (21)
      [violation of Tennessee's Uniform Administrative Procedures Act, TCA 4-5-101]
    2. The TCIA admits 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
      [violation of Tennessee's Open Meetings Act, TCA 10-7-101]
    3. The TCIA admits that the [TCIA June 19, 2010 meeting] notice did not disclose that the TCIA intended to deliberate and/or vote on any applications for state recognition as an Indian tribe. (24)
      [violation of Tennessee's Open Meetings Act, TCA 10-7-101]
    4. The TCIA admits 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. (27)
      [violation of Tennessee's Open Meetings Act, TCA 10-7-101]
    5. The TCIA admits that, prior to the recognition of tribes which occurred at its June 19, 2010, meeting, it did not keep copies of any of the applications of those tribes and, therefore, it did not provide copies or make available for inspection copies of such applications pursuant to the Tennessee Public Records Act, Tenn. Code Ann. §§ 10-7-501, et seq.  (34)
      [violation of Tennessee's Open Meetings, TCA 10-7-101, and Public Records Acts TCA 10-7-101]
    6. The TCIA admits that Commissioner Tammera Hicks sent an email on January 26, 2010 to applicants for recognition and that numbered paragraph 35 appears to contain an accurate quote from that email ["Let me assure each and everyone that copies of your application and documents shall not be distributed to anyone outside the Commission. That will not be tolerated."]  (35)
      [intent to violate Tennessee's Open Meetings, TCA 10-7-101, and Public Records Acts]
    7. The TCIA admits that it did not make the six applications for tribal recognition available for public inspection at its June 19, 2010 meeting. (39)
      [violation of Tennessee's Open Meetings, TCA 10-7-101, and Public Records Acts]

      • The TCIA would submit that the only remedies provided for a violation of the Open Meetings Act, Tenn. Code Ann. §§ 8-44-101, et seq., is the nullification of actions taken at any meeting in violation and a permanent injunction enjoining any person adjudged in violation of the Act from further violation of the Act. (47, 53)

      Not mentioned by the Tennessee Attorney General are the potential criminal charges of :
    8. Conspiracy - the advance planning in secret of several commissioners to violate state Open Meetings, Public Records and Uniform Administrative Procedures laws; [TCA 39-12-103] and
    9. Theft of services - intentionally providing services - in this case, state tribal recognition - through use of deception, fraud and false pretenses. [TCA 39-14-104]
    10. The latter two allegations also apply to the six groups that participated in the 19 June 2010 TCIA meeting planning and submitted incomplete applications and false information to the TCIA in order to obtain state services, ie, state tribal recognition.


    ... would like to see the evidence that any of these findings or allegations are not based on facts.

    and lest we forget that state agencies are composed of individuals,
    and lest we forget who was actually responsible for these violations of state law,
    and thereby salted the earth for all future Native American Indian endeavors in the state,
    the Commissioners of Indian Affairs who all voted unanimously at the 19 June 2010 TCIA meeting:
    • Tammera D. Hicks, Chair, Chattanooga
    • Christine M.R. Goddard, Vice Chair Knoxville
    • James Everett Meeks, Secretary, Middle TN
    • Alice Gwin Henry, Memphis
    • Jimmie Thigpen, West TN
    • Charles Lawson, Nashville

    R.I.P.

    Re: the TCIA's 7+ violations of state law admitted by its lawyer, the state Attorney General

    tom
    Greene v. Tennessee Commission of Indian Affairs, Nashville - 30 June 2010

    ANSWER OF DEFENDANT TENNESSEE COMMISSION OF INDIAN AFFAIRS - 27 August 2010

    The Tennessee Commission of Indian Affairs ("TCIA"), by and through its attorney of record, the Attorney General and Reporter for the State of Tennessee, hereby submits this Answer to the Verified Complaint.
    1. TCIA admits that its Standing Rules were not adopted in accordance with the provisions of the Uniform Administrative Procedures Act, Tenn. Code Arm. §§ 4-5-201, et seq.  (21)
      [violation of Tennessee's Uniform Administrative Procedures Act, TCA 4-5-101]
    2. The TCIA admits 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
      [violation of Tennessee's Open Meetings Act, TCA 10-7-101]
    3. The TCIA admits that the [TCIA June 19, 2010 meeting] notice did not disclose that the TCIA intended to deliberate and/or vote on any applications for state recognition as an Indian tribe. (24)
      [violation of Tennessee's Open Meetings Act, TCA 10-7-101]
    4. The TCIA admits 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. (27)
      [violation of Tennessee's Open Meetings Act, TCA 10-7-101]
    5. The TCIA admits that, prior to the recognition of tribes which occurred at its June 19, 2010, meeting, it did not keep copies of any of the applications of those tribes and, therefore, it did not provide copies or make available for inspection copies of such applications pursuant to the Tennessee Public Records Act, Tenn. Code Ann. §§ 10-7-501, et seq.  (34)
      [violation of Tennessee's Open Meetings, TCA 10-7-101, and Public Records Acts TCA 10-7-101]
    6. The TCIA admits that Commissioner Tammera Hicks sent an email on January 26, 2010 to applicants for recognition and that numbered paragraph 35 appears to contain an accurate quote from that email ["Let me assure each and everyone that copies of your application and documents shall not be distributed to anyone outside the Commission. That will not be tolerated."]  (35)
      [intent to violate Tennessee's Open Meetings, TCA 10-7-101, and Public Records Acts]
    7. The TCIA admits that it did not make the six applications for tribal recognition available for public inspection at its June 19, 2010 meeting. (39)
      [violation of Tennessee's Open Meetings, TCA 10-7-101, and Public Records Acts]

      • The TCIA would submit that the only remedies provided for a violation of the Open Meetings Act, Tenn. Code Ann. §§ 8-44-101, et seq., is the nullification of actions taken at any meeting in violation and a permanent injunction enjoining any person adjudged in violation of the Act from further violation of the Act. (47, 53)

      Not mentioned by the Tennessee Attorney General are the potential criminal charges of :
    8. Conspiracy - the advance planning in secret of several commissioners to violate state Open Meetings, Public Records and Uniform Administrative Procedures laws; [TCA 39-12-103] and
    9. Theft of services - intentionally providing services - in this case, state tribal recognition - through use of deception, fraud and false pretenses. [TCA 39-14-104]
    10. The latter two allegations also apply to the six groups that participated in the 19 June 2010 TCIA meeting planning and submitted incomplete applications and false information to the TCIA in order to obtain state services, ie, state tribal recognition.


    ... would like to see the evidence that any of these findings or allegations are not based on facts.

    and lest we forget that state agencies are composed of individuals,
    and lest we forget who was actually responsible for these violations of state law,
    and thereby salted the earth for all future Native American Indian endeavors in the state,
    the Commissioners of Indian Affairs who all voted unanimously at the 19 June 2010 TCIA meeting:
    • Tammera D. Hicks, Chair, Chattanooga
    • Christine M.R. Goddard, Vice Chair Knoxville
    • James Everett Meeks, Secretary, Middle TN
    • Alice Gwin Henry, Memphis
    • Jimmie Thigpen, West TN
    • Charles Lawson, Nashville

    R.I.P.



    " ... had the Commissioners been consulted and permitted to participate in the process I believe the outcome of the case would have been different."

    Tammera Hicks
    Former Cherokee
    Former Chair TCIA



    And after reading through the above violations, is it really any wonder the main culprits weren't allowed to participate in the process?!! WHAT could they have said or demonstrated that would've changed the outcome?!

    Also not mentioned by the Tennessee Attorney General are the potential criminal charges of : COLLUSION

    And who's going to pay for the expenses of it all?!! Better not be the TAXPAYER!!!

    Re: the TCIA's 7+ violations of state law admitted by its lawyer, the state Attorney General

    DonnaS
    " ... had the Commissioners been consulted and permitted to participate in the process I believe the outcome of the case would have been different." Tammera Hicks   Former Cherokee   Former Chair TCIA

    And after reading through the above violations, is it really any wonder the
    main culprits weren't allowed to participate in the process?!!
    WHAT could they have said or demonstrated that would've changed the outcome?

    am pretty sure that several of the 'main culprits' did participate in the investigation - were required to participate, and that they themselves provided the evidence (emails, minutes, applications, recordings) that essentially wrote the AG's admissions and decision.

    more importantly, no former TCIA commissioner or TDEC staffer has contradicted or challenged any specific assertion of the AG's findings, ttbomk.

    Re: the TCIA's 7+ violations of state law admitted by its lawyer, the state Attorney General

    Donns, I am sure the taxpayer will have to shell out to clean up the mess, after all, the state has no other means of support than the taxpayer. Anyway, the cost of a few meetings and hearings would be vastly less than the expense of state and federal monies these guys would have been clamoring for in the near future--so the state of Tennessee got off lightly. However, I would think that it would be completely appropriate for the state to bring all of the previously stated charges against these individuals and their club group friends for their attempt to defraud the state, the taxpayers and even the federal government.

    Re: the TCIA's 7+ violations of state law admitted by its lawyer, the state Attorney General

    Donna D
    Donns, I am sure the taxpayer will have to shell out to clean up the mess, after all, the state has no other means of support than the taxpayer. Anyway, the cost of a few meetings and hearings would be vastly less than the expense of state and federal monies these guys would have been clamoring for in the near future--so the state of Tennessee got off lightly. However, I would think that it would be completely appropriate for the state to bring all of the previously stated charges against these individuals and their club group friends for their attempt to defraud the state, the taxpayers and even the federal government.



    i have no doubt the taxpayer will be the one to pay the tab for the 'hearings' that led to the official statement however, the taxpayer shouldn't be held accountable for the tab since the-then Commissioners deliberately and willfully committed at least conspiracy/collusion and theft of services. Ignorance is one thing; accidental overstepping one's bounds ... but what was done was NOT "accidental", it was deliberate and willful.

    Re: the TCIA's 7+ violations of state law admitted by its lawyer, the state Attorney General

    Correct. It makes one wonder how they thought they could get away with it? Did they really think the attorney general was that stupid? I mean, they were not dealing with your average elected official, he did at least manage to pass the Bar. Even if the state brought every charge possible and imposed the harshest penalities, I have serious doubts they'd ever recover much monetary compensation. These guys would all be crying poverty faster than the speed of light.
    PS, maybe the AG missed the "collusion" angle, perhaps you should drop a bug in his ear...

    Re: the TCIA's 7+ violations of state law admitted by its lawyer, the state Attorney General

    Donna D
    PS, maybe the AG missed the "collusion" angle,
    perhaps you should drop a bug in his ear...
    i don't think he 'missed' anything.
    more likely he minimized charges & prosecution to save time, money & bad publicity.
    he copped a plea on one charge for a state agency, and got a take-back on the state action.
    neat & clean.
    as little action as possible.
    as little reaction as possible.

    & it's all still there in case anybody ever wants to come back for more.

    Re: the TCIA's 7+ violations of state law admitted by its lawyer, the state Attorney General

    So, do you think the "Commission" learned a lesson? Or do you think the punishment was so light that they just think they can get away with anything, and will likely try again in the near future?

    Re: the TCIA's 7+ violations of state law admitted by its lawyer, the state Attorney General

    So, do you think the "Commission" learned a lesson?
    Or do you think the punishment was so light that they just think
    they can get away with anything, and will likely try again in the near future?
    they - the "Confederation of Tennessee Native Tribes" -
    learned several reality lessons. but some of their slower learners
    are still trying to find ways to work around those lessons.

    the state didn't really punish anybody.
    the culture clubs' toy, the TCIA, was being terminated anyway,
    and the state just took away their lollipop.
    the real punishment will come over these next several years
    when they find the stain of their actions won't go away
    and their social capital is worthless.

    i presume they'll try again in january to introduce a few bills,
    but with Ramsey's loss & Mumpower gone, their patron saints
    ain't what they used to be. and given that everybody on
    the hill is now very familiar with their attempt at
    running around state laws, and will be reminded of
    such by the AG, my bets are that none of their
    proposals will make it out of committee.

    Re: the TCIA's 7+ violations of state law admitted by its lawyer, the state Attorney General

    Well, if any of those reps read their e-mail, I told them plenty about those "tribes." They really should be tired of hearing about them by now.


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