What Comanche People Need To Know

Barbara’s character is being attacked by an individual who has also set her sites on others in the Comanche community, and I must step forward.

Barbara is a person of high morals and integrity who is also honest, capable, diligent and responsible. Her accountability is impeccable, as I have seen over the years working with her since 1993. The books and material she distributes for the Comanche Language Committee (free of charge to tribal members) is the work of the Language Committee with credit given our elder speakers.

The one book she wrote (Indian Research and History) is her own work, having put a compilation of her research work for the last twenty years together for it. She deserves credit for this work, no one else.

It stands to reason if a person has admirable qualities in one phase of their life, then those same qualities carry over to all phases of their life.

I can tell you Barbara’s husband Kenneth bought her a new home and provides her with nice cars. I can remember when I was also accused of buying new cars with language committee money. Both Kenneth and I retired from our own respective professions, and with that retirement comes pension checks every month.

I hope a time comes when our tribe can get past the petty jealousy and negativity. I have heard it said “we are our own worst enemy.” Listening to falsehoods and spreading falsehoods will keep us from attaining the greatness that we are capable of.

Vote Barbara Goodin for Comanche Nation Chairman.

I have known Ken and Barbara since 1992. This relationship came about through the work on our Comanche language. Barbara has served as our secretary/treasurer since the beginning of the Comanche Language and Cultural Preservation Committee (CLCPC), with the exception of the first year. The CLCPC has had a great deal of success due to the organizational skills of Barbara. She has kept us on task on many of our projects and continues to work tirelessly furthering the opportunities for others to have the material so that they may be able to learn our language.

Besides the characteristics mentioned above, she is a person of high morals and integrity. We do not always agree on issues, but we do respect each other’s opinions. Wouldn’t it be great to be able to say we have a Chairperson that is HONEST, CAPABLE, DILIGENT AND RESPONSIBLE?
Ron Red Elk

www.barbaragoodin.com

May 5, 2011
Mr. Red Elk,
Would you review the following information and consider putting it on your blog?
Respectfully,
Lanny Asepermy

HOW IS THE PER CAP AND ELDER PAYMENT CALCULATED?
According to Ronald Red Elk’s blog the first six months of FY 2011 (October 1, 2010 through March 31, 2011) the NET GAMING INCOME was a little over $29,000,000. The NET GAMING INCOME is calculated after the GAMING EXPENDITURES are deducted from the GROSS REVENUE (the $$ the casinos generate)

So we have NET GAMING INCOME of $29,000,000 for the first 6 months – if that continues for the next 6 months the NET GAMING INCOME should be around $58,000,000 (this is no guarantee and this is based on our NET GAMING INCOME to date, the amount may be higher which I doubt and may be lower which is most likely). To calculate the Per Cap Payment follow the steps below:

1. $58,000,000 projected NET GAMING INCOME less the Gaming Commission Budget of about $3,800,000 = $54,200,000

2. $54,200,000 less the Gaming Board Budget of about $800,000 = $53,400,000

3. $53,400,000 less 7% for Capital Improvements for the Casinos = $3,738,000 of the NET GAMING INCOME = $49,662,000

A total of $8,338,000 are taken “off the top” of the NET GAMING INCOME before the Per Cap and Elders Payments are calculated

4. 40% (Per Cap and Elder Payments) of $49,662,000 (amount after steps 1-3 are deducted) = $19,864,800

5. We have about 1,200 Elders who will receive $1,000 each = $1,200,000

6. Subtract the Elders total of $1,200,000 from 40% entitlement ($19,864,800) = $18,664,800

7. $18,664,800 divided by about 15,600 enrolled Comanches (this is a projected number of enrollees through September 30, 2011) = $1196.46 Projected Per Cap payment

Now if we were under the 60% Revenue Allocation Plan as approved by the General Council in April 2010 the calculations would be:

$58,000,000 – $3,800,000 (Gaming Commission budget) = $54,200,000 – $800,000 (Gaming Board budget) = $53,400,000 – $3,738,000 (Capital Improvements) = $49,662,000 x 60% (Per Cap and Elder Payments) = $29,797,200 – $1,200,000 (Elders Payment) = $28,597,200 divided by 15,600 enrolled Comanches = $1,833.15 Projected Per Cap payment

Most people don’t know how the Per Cap is calculated; now you know. This DOES NOT mean we will receive the amounts above as they are calculated on projected NET GAMING INCOME but gives you the tools to calculate the Per Cap payment.

CONSTITUTION AMENDMENTS
After watching the candidate interviews on Camp Crier most every candidate cited the need for changes to our Constitution. Bunky Henson and I were task by former Chairman Burgess in July 2009 with researching and recommending Constitution amendments. In September 2009 I submitted to each Business Committee member (without any input from Henson) a list of 22 recommended Constitution amendments. There was little or no interest in reviewing these recommended amendments during the remaining time I was in office (until June 2010) despite requesting the CBC to do so – to date no action has been taken by the Business Committee.

The Amendment recommendations were presented in what I consider a simple format and addressed many of the things the candidates mentioned in their interviews. The format was:

1. The way the Constitution currently reads
2. The way the Constitution currently reads with strikeovers
3. The way the Constitution reads after the amendment

Some of the recommended amendments address the salary of the CBC; the process of selecting the Tribal Administrator and Attorneys; changing the blood quantum back to ¼ decree of Comanche blood; the responsibilities of the CBC with reference to enrollment; the nomination process for office; the Recall process: publication of General Tribal and CBC meeting minutes; the Freedom of Information Act; Nepotism, etc; There are other recommended amendments and all current sitting CBC members were provided a copy of those recommended amendments.

ASSOCIATIONS, BOARDS, COMMISSIONS, COMMITTEES, COUNCILS & COURTS
I also left with the current sitting CBC in October 2010 recommendations for some changes on the above. Again little or no interest despite requesting a review that would have cut the cost of the above about $255,000.

RAP (Revenue Allocation Plan)
Talked to Ron Red Elk today about the progress of the RAP – he said no action has been taken to submit a completed copy of the RAP approved by General Council in April 2010 to the BIA (the first step). I assure you it would take one trip to the BIA to get the format and guidance for the RAP and then less than a day to gather the information for submission back to the BIA. Any CBC member could accomplish this.

RECALL PROCESS
I read in May 2011 CN News a letter from Nation member Tom Jones about the Recall Process and agree with him 100% – basically what he said was “When an allegation to recall an elected board member has been made that all of the registered voters who are not able to attend a recall hearing receive written notification of the allegations and be allowed to vote to recall or stay with the status-quo.” The current process is addressed in the Constitution amendments recommendations. I was appalled and somewhat embarrassed at the conduct, hatefulness and meanness of a few of our Numunuu at the Recall meeting, then again, everyone has the right to express themselves in a manner they deem appropriate.

EXIT LETTER
I encourage you to review my EXIT LETTER of a year ago – what has changed in a year? Has any elected official other than former Chairman Michael Burgess with his monthly letters in the CN News until his recall, Ronald Red Elk on his blog or Darrell Kosechequetah’s (April 2011 CN News) update about their time in office.

GENERAL COUNCIL BOOKLETS
At General Council a 144 page booklet was available to those present. About 500 books were issued – what did the other 9,000 voting members of the Nation receive, nothing. Maybe copies of the booklet should have been mailed to all voting members as contained useful information about most of the Programs – I did NOT see anything from the Gaming Commission, Gaming Board, Economic Development, CN College, information on our Land leases or purchases and a very vague report from CN Enterprises, Inc. yet these Commissions, Boards and Programs encompasses $9,700,000 of our Gaming $$.

CANDIDATES and ELECTION
At General Council the Numunuu had a golden opportunity to nominate candidates for office and for the most part seized that opportunity – nominations were made for Chairman (8), Vice-Chairman (3) and Secretary-Treasurer (3), for positions No. 2 (2) and No. 4 (2). The ballot has 5 Chairman, 3 Vice-Chairman, 3 Secretary-Treasurer, 1 No. 2 and 2 No. 4 candidates. A total of four nominees were removed from the ballot by the Election Board. I am disappointed that more Numunuu weren’t nominated for positions No. 2 & 4. As of this date the CBC, per the Constitution, HAS NOT determined the qualification of candidates nominated for office. Mr. Red Elk stands alone with the current sitting CBC on this matter. The Election Ordinance contradicts the Constitution and a one-sentence change to the Election Ordinance would put it in line with the Constitution.

I hope this information enlightens you about “What Comanches Need To Know” – you may or not agree with me, at least you know that recommended changes on our Constitution and Boards were made, the current status of the 60% RAP, the current Election Process, the General Council Booklet and how to calculate your Per Cap payment.

Comanche Nation Election 2011

Does this describe the duties, responsibilities and authorities of the CBC in our election process? 

From The Constitution of the Comanche Nation:
“Article VI – Business Committee.  Section 7 (b) To determine qualification of candidates nominated for office and to conduct election of tribal officers and business committeemen pursuant to the provisions of Section 2, Article VII of this constitution. 

Article VII, Section 2 states:  At each annual Comanche Tribal Council meeting subsequent to the first election of officers and business committeemen, under this constitution, candidates will be nominated to compete for election to offices being vacated by reason of expiration of term of office.  Determination of qualifications of nominated candidates and election processes shall be as described in Section 1(c) and (d) of this Article except that the Comanche tribal officers and business committeemen will assume the responsibilities assumed by the Area Director the first election under this constitution and except that absentee ballots shall be considered at all subsequent elections of officers and business committeemen.  No election shall be held later than 60 days after the annual meeting.” 

From The Comanche Nation Election Ordinance of 2010 
“Section 305.  Certification of Business Committee Candidates. 
(a) The Election Board shall INSURE that a person nominated as a candidate for office on the CBC sign an agreement for a confidential background check no later than 5:00 p.m. Monday following the Tribal Council meeting at which she/he was nominated.  Failure of a nominee to timely sign such agreement shall be deemed forfeiture by the nominee of candidacy for said office in that election process. 
(b)  The Comanche Nation Law Enforcement shall conduct a background Check to determine whether each candidate for elective office meets the appropriate qualification listed in the Constitution and any other qualifications required under the laws of the Nation. (Constitution, Article IX, Section 1.)    
(c) Background checks conducted to determine if a candidate meets the qualifications for office shall be made available to the Election Board chairperson at or prior to the Election Board meeting to determine whether or not the candidate meets the qualifications for office.     
(d) After the Election Board makes the determination as to whether or not the Candidate meets the qualifications for office, the background check shall be immediately returned to the Election Board office. 
(e) The Election Board shall vote to approve the candidacy of those nominees who meet the qualifications for office and shall immediately notify any person who the Board determines does not qualify for office.                       
(f) The Election Board office shall maintain the background check information in a secure location for a sufficient period of time to permit the resolution of challenges to the certification of candidates for an election.
(g) An Election Board determination of a candidate qualification shall be deemed final if no challenge is filed pursuant to Section 306. 

Section 306.  Challenge to Certification of Candidacy.
(a)   A candidate aggrieved of an Election Board determination finding him/her not qualified for candidacy shall file a written protest with the Election Board office within one (1) calendar day of notification.
(b) Upon receipt of such protest the Election Board shall as soon as practical convene a meeting to consider the protest, hear evidence and argument, and decide to uphold its original determination or permit the person to be a candidate.
(c)  A decision of the Election Board after such hearing shall be final.” 

Does this election ordinance contradict the Constitution of the Comanche Nation?

It is my contention that it does, and we have an issue here.  The other CBC members do not agree with this appraisal.  Therein lies my dilemma and has been for the last 10 months of service to the people.

Annual Tribal Council 2011
Once again the Supreme Governing Body has been EMASCULATED.  This time by the Agenda and “You are out of order.”   The 2010 Annual Tribal Council Emasculator was the Agenda that ran into two meeting dates, and never addressed the Annual Tribal Budget. 

“Article V Section 7, Subject to the approval of the Secretary of the Interior or his authorized representative where applicable, the authority of the Comanche Tribal Council shall include and be exclusive with respect to the following:  (f) The salary for the Chairman of the Business Committee shall be established by the Tribal Council by the adoption of an annual tribal operating budget.  Salary for all other members of the business committee shall be two hundred and fifty dollars ($250) per month.” 

The precedent has been established by previous Annual Tribal Council actions that the Supreme Governing Body are those Comanches in attendance during this meeting.  I can only hope that with the 6 seats to be filled during this election, that the incoming CBC members will honor their oath of office and can comprehend what they read.
Ron Red Elk