SAC AND FOX TRIBE OF THE MISSISSIPPI IN IOWA
Tribal Council Meeting – March 20, 2019, 5:00 PM
Sac and Fox Tribal Chambers
- Meeting called to order at 5:05 m.
- Roll Call
Presiding Officer: Anthony Waseskuk, Chairman
Tribal Council present: Adrian Pushetonequa, Vice-Chairman; Delonda Pushetonequa, Treasurer; Troy Wanatee, Jarvis Bear; Harvey Davenport, Jr., Apollo Davenport
Absent: none
Staff present: Bessie Scott, Executive Director; Oliviah Walker, Deputy Executive Director; Bill Thurman, Comptroller; Yolanda Pushetonequa, Executive Assistant and Tribal Council Non-Voting Secretary; Chris Saunsoci, Assistant Chief of Police.
Visitors: Serei Bear-Butler, Adolph Bear, Clydene Bear, Travis Bear, Nicole Kapayou, Shoshonis Brown, Rick Keahna, Sr., Leigh Lasley, Heliodoro Ortiz, Jesse Ortiz, Jennifer Edwards, Anneka Davenport, Arlene Blackcloud, Christina Blackcloud, Mary Lasley, Talbert Davenport, Jr., a minor child, Vern Jefferson, Lucie Roberts, Mylene Wanatee, Matt Bear, Allison Lasley, Sean Bear I, Nancy Johnson, Marilyn Dameron, Peggy Lasley, James Papakee, Desse Sheridan, Priscilla Wanatee, Hilda Youngbear, Priscilla Wanatee, Ramona Sanache, Noreen Papakee, Iris Roberts, Avis Bear Bass, Aldean Bear Keahna, Derice Aragon, Mike Stacey, Bryan Papakee, Elsworth Youngbear III, LaQuetta Ward, Jana Roberts, Ferol Ward, Oona Youngbear, Tyla Lasley, Tamela Davenport, Francesca Papakee, Keely Driscoll, Leah Slick Driscoll, Athena Schrock, Darrell Hill, Grace Hill, Tori Thrash, Adriana Peterson, Tracy Peterson, Talia Waseskuk, Elizabeth G. Papakee, Monica Papakee, Francine Youngbear, Vana Spencer, Joni Mauskemo, Gerald Morgan, Anita Kapayou, Keith Davenport, Iola Snow .
- Ascertainment of Quorum – A quorum was ascertained with 7 council members present.
- Agenda approval
The Chairman asked for any changes or additions to the agenda. Motion made by Delonda Pushetonequa to approve the agenda. Jarvis Bear seconded. Vote: 6 yes, 0 no. Motion carried.
- Minutes –
Motion by Delonda Pushetonequa to approve the minutes for February 27, 2019. Adrian Pushetonequa seconded. Vote: 6 yes, 0 no. Motion carried.
- Reports – none
- Visitors
- University of Iowa Native American Student Association Donation Request
Tracy Peterson, Adriana Peterson, Darrell Hill, Athena Schrock, Tori Thrash, Keely Driscoll, and Grace Hill from the Native American Student Association at University of Iowa present a donation request for fundraising efforts of the 25th Annual Powwow put on by U.I.N.A.S.A on April 20. The group presented a PowerPoint on the powwow planning, development, relevant values, survey stats on powwow impact on the communities, and the powwow budget. They highlighted strengthened relationships with the Meskwaki Community: the MSS Engineering camp, student recruitment, building the relationship with STC, supporting university visits with Higher Ed, and the ongoing First Nations summer camp. Iowa attendance by Meskwakis is at a record high and will be higher next year. If all accept, 11 Meskwakis will be on campus. Meskwaki tribal members have been given discounted vendor space at the Powwow. The Annual University of Iowa Powwow was founded in 1990 by Alex Walker, Larry Lasley, and 3 others, but in 5 of the years there was not a powwow due to various issues. Each member is responsible for various parts of the powwow. Their Total budget need is $37,808 and have raised $27,468 of that, so there is a current short fall of $10,340 as of March 20. They are requesting $5,000. The tribe’s donation portion will go toward rental of equipment, general supplies, printing expenses, a feast meal served, and host staffing costs. Their goal within the campus community is not to be an event, but an inclusive education experience to boost the image and presence of Native people on campus for the benefit of these students while they are at Iowa. Their data also suggests that the volunteers increase each year even among first time powwow attendees, which indicates a normalization and support of Natives’ presence on campus. Harvey states that we should consider that the community event donations are currently at $2,500 and so we should increase that limit for community events if we do give them $5,000. Council agrees to support this organization but notes that this requires us to reassess how much we are willing to give to other organizations and why. Suggestion is to evaluate case-by-case since there are many factors per case. All factors will be considered with future organization donation requests.
Motion by Jarvis Bear to approve the donation of $5,000 to University of Iowa’s Native American Student Association’s Annual Powwow. Delonda Pushetonequa seconded. Vote: 6 yes, 0 no. Motion carried.
- New Business
- Committees
- Housing Committee Member Appointment – Vestana Lasley
- Committees
Yolanda Pushetonequa, Housing Committee member, presents the Housing Committee’s recommendation to appoint Vestana Lasley to the Committee. She requested consideration to be on the Committee. There are two vacancies and this would leave just one. At the March 12, 2019 Housing Meeting, the committee made a motion to recommend her appointment to the committee.
Motion by Delonda Pushetonequa to appoint Vestana Lasley to the Housing Committee. Apollo Davenport seconded. Vote: 6 yes, 0 no. Motion carried.
- Community Requests
- Bear Family Request
Adolph Bear, Clydene Bear, Travis Bear, and Serei Bear Butler wish to present on behalf of Lucius Bear who cannot be present. Travis said his brother requests to have an open session for the community to hear; he wants everything on record, and he wants his story told. A large number of community members joined the meeting to hear this matter. Harvey Davenport stated the Council met with MNPD the evening before and if it’s okay, the Assistant Chief, Chris Saunsoci, who is Omaha, has policed in Yankton, would sit in to listen to this item. Harvey stated Chris has some good thoughts on policing in Indian Country so Council. Chris introduces himself.
Adolph Bear explains the situation. He states that they didn’t like the way Lucius was treated by the Meskwaki Nation Police. The family believes it was abusive treatment. Serei Bear Butler submitted a written statement and it’s enclosed in the meeting file. The family explains the details of the incident and the reasons they believe excessive force was used on Lucius. The incident occurred February 17 at Lucius Bear’s residence. They explain an altercation took place between Lucius and another member of the household, for which an ambulance was called. Prior to the ambulance arrival, the MNPD officers apprehended Lucius. The details of this encounter were described by the Bear Family as Lucius had called his parents prior to the ambulance and police arrival. Lucius’ daughter, Serei, describes what she witnessed and why she believes the various treatments of her father were excessive and abusive. The family also believes that Lucius was targeted, due to his prior run ins with law enforcement and due to the audio recording of officers prior to their arrival, saying things such as, “we’re gonna get him.” Adolph told him not to resist and don’t fight. His phone was still on and he could just hear moving around. By the time Adolph got there, Lucius was in the back of the police car. Based on what Lucius told Adolph, they decided to speak up and tell everyone. Adolph said video from the body cams that shows that Lucius cooperated. He says at the time that the police shined a flashlight right on his face, he must have swiped at it and the officers treated him as if he was attacking them. He states that they beat him, broke his nose, tased him twice, and continued to beat him. Two days later Lucius said his back still hurt. Lucius said ‘they were punching me and kicking me when I was down.’” Adolph said that apparently in the video, Lucius can be heard saying, “remember you guys threw the first punch. You guys broke my nose, how come you did that.” The police had his hands cuffed and shackled around his back and that’s how they carried him out to try and get him into the car. The seat belt was around his neck and he kept saying “I can’t breathe, I can’t breathe.” They later saw it and moved it away from his neck. He was taken to Marshalltown for medical treatment. Lucius’ nose was shifted off to the side. (Adolph passed around a photo of Lucius with nose broken). Adolph states that Lucius could not breath out of his nose due to it being misaligned, and he had blood in his nose and mouth; as a result of the blood through the mouth he couldn’t breathe through the mouth. The police reported that Lucius was spitting on them, but the only way he could breathe was to spit blood. Adolph stated that Lucius reported “there was one officer that was just on him, even while he was trying to get treated. Calling him a cop beater…” Lucius became scared at some point, and so he said, “I’m fearing for my life.” A Marshalltown officer arrived to stay with Lucius. The family feels they already had a plan due to being heard on the video that they would “get him.” Clydene Bear adds that this was said before they got to the home and they didn’t mention helping him, just that they were going to “get him.” Adolph reported that as soon as the grandson opened the door, the officers entered and they believe it’s illegal for them to enter due to a child answering the door. Serei adds that the officers asked the child to leave and also before the police knocked at his door, at no time did she advise that she felt threatened or scared of her father. She felt there was no need for them to enter so forcefully. Travis clarifies that Lucius didn’t deny that the fight happened, he understood it was wrong. He planned to plead guilty for the assault charge regarding the fight; he was informed that it was moved to Thursday. Another issue they wish to report is that when they went to court, MNPD officers and two FBI officers were there at the court and Lucius wasn’t allowed to talk to his Public Defender about his case. They informed him that charges in tribal court were dropped and it escalated to federal court. Adolph adds that he was charged with attempted murder, but they weren’t initially here to question that; rather to just ask why he was treated the way he was, but as they learn more, they’re starting to wonder why he was charged with attempted murder. They state he hasn’t been arraigned yet. Clydene stated he was willing to plead guilty for assault, and not guilty on any of the other charges that stemmed from the interaction with the officers. Clydene said the officers allege he bit them, but there are no photos to prove this and the public defender didn’t receive any information about a bite. They received all the medical records on Mr. Butler but not on Officer Northland for an alleged bite. She adds that based on everything it appears as though they dropped his charge on him because they knew they would not win and they don’t want anyone to discover the truth about what happened to Lucius. Clydene adds that the Public Defender had said the report in the Cedar Rapids Gazette was very misleading, reading that they knocked for an hour, “Nedi baditowaki,” it only took the family 20 minutes to get there, and he was already in the police car by then, so they are really stretching the truth.
A community member comments on the types of abuses Native people have endured and how some law enforcement come to commit abuses. Serei adds that she wanted to share this story because it wasn’t right the way he was treated and she doesn’t want anyone to be treated this way, no matter their background. A community member adds the officers are not really involved with the community in a close relationship, but it seems like police are against you; they’re supposed to protect and serve us. A community member adds that there is supposed to be a protective feeling from the law enforcement, but it feels adversarial, they don’t look at us or say hello. A community member adds they only speak to each other, probably about us. He adds that when Chris Sauncosi was with MNPD before, a family member acted up so they called the police. Chris and Julian R. showed up. They de-escalated it without weapons, but he is concerned that current officers aren’t trained on working specifically with Meskwakis. When she last saw him before the police got there, he didn’t have any blood at all, nothing indicating a broken nose. “If that was the case, we would have had to stay right there and both of them would have had to go to the ambulance. In our culture, we can’t go outside as bear clan, with no coat shoes, snow on the ground and so why did he get treated like that.” She said he had no coat or shoes when he left and if it weren’t for her being there he would be released with no coat and shoes in the winter. She said despite her father having a history, he’s not deserving of being treated the way he was. Another community member adds that there was an incident where only a Native officer was the one helping her granddaughter and believes that he was the one that saved her life. A community member adds that he would like to see a condemnation of the officers’ actions. A number of community members share personal stories of what they feel is excessive force or treatment by the MNPD officers such as having guns pointed at people during traffic stops and outside of their homes. Another family member adds that since posting her call for help, people have share many personal stories of mistreatment by police. Delonda Pushetonequa states that all of these stories are new to her and no one has ever told her these stories or what happened to Lucius. Travis Bear asks her what she thought and she said it’s disgusting and so upsetting. Three more community members share stories of altercations of excessive force by police officers. Vern Jefferson, an officer in Marshalltown, suggests a review board of educated community members who know policies. He stated that he has heard off-settlement officers say such things as “you need to be careful they have assault rifles and automatic machine guns, etc.” He says, “They have a different mentality, but I know we care about each other out here. I can see they maybe lack the community relationship. In Marshalltown they have programs like Coffee with A Copy, Shop with the Cop, Games at the Library with the Kids, Demos with K-9 officers. And a review board would help.” A community member adds that there was a death due to a high speed chase recently. Vern states there is a no-chase policy in Marshalltown, for safety, and also since they can just get warrants, except for certain situations. A community member asks what is going to be done for this family? Another community member asks if we are going to have an investigation for this incident; are we going to have our attorneys help us with this. Jarvis adds that he wanted to reserve his initial thoughts, but feels we need a police force that understands us. Apollo adds that first off, he feels sorry for what happened in this situation. He feels that it’s horrible for him to be going through this. He supports having an investigation from the BIA done. Troy Wanatee adds that he supports a police investigation. Adrian Pushetonequa adds that he also doesn’t hear these types of things, but it’s good that the people came to share. Things are starting to build up, if you guys want to change how things are now, we are here to listen to that. How you want things.
Motion made by Delonda Pushetonequa to pursue a Bureau Indian Affairs investigation on the Meskwaki Nation Police Department and for the Chairman to write a letter of support in the matter of Lucius Bear. Seconded by Harvey Davenport. Vote: 6 yes, 0 no. Motion carried.
Motion by Jarvis Bear to go into Executive Session at 8:35. Delonda Pushetonequa seconded. Vote: 6 yes, 0 no. Motion carried.
Delonda Pushetonequa motions to exit Executive Session at 9:30 p.m. Jarvis Bear seconded. Vote: 6 yes, 0 no. Motion carried.
Motion made by Jarvis Bear to terminate Jeff Schrock immediately. Delonda Pushetonequa seconded. Vote: 6 yes, 0 no. Motion carried.
Motion made by Jarvis Bear to appoint Chris Sauncosi to serve as Interim Chief of Police. Delonda Pushetonequa seconded. Vote: 6 yes, 0 no. Motion carried.
Motion made by Jarvis Bear to suspend Officer Kole Northland and Shawncey Day without pay pending an investigation. Delonda Pushetonequa seconded. Vote: 6 yes, 0 no. Motion carried.
Serei asks what will happen to Officer Charity Heller who was also there that night. Harvey states that she will be included in the B.I.A. Investigation.
- Departments
- Possible reschedule of General Meeting
The event space doesn’t work on the 18th due to the risers being out for the week for two major events. Either postpone or use just the East half.
Motion by Jarvis Bear to reschedule the General Meeting to May 23. Troy Wanatee seconded. Vote: 6 yes, 0 no. Motion carried.
- Adjourn
Motion made by Delonda Pushetonequa to adjourn. Jarvis Bear seconded. Vote: 6 yes, 0 no. Motion carried. Meeting adjourned at 9:52 p.m.