Mr. Pete Fornsby
LaConner, Washington
May 7, 1980
Mr.Robert Joe, Chairman
Swinomish Tribal Community,
LaConner, Washington 98257
Dear Mr. Chairman;
As has been disclosed to the Swinomish Budget Committee and Swinomish Senate, the Tribal Budget is in the RED and continues, with each expenditure, to increase the debts owed by the Swinomish Tribal Community. As the Chairman, it is your responsibility to ensure the security and general welfare of the Swinomish Tribal Community. I feel the following actions are necessary at this time to stop expenditures until an income is established;
1. Stop all tribal payroll and expenditures.
a. Give all personnel paid through tribal funds the option of being layed off or continue with employment with reimbursement at a future date.
b. All tribal expenditures will be unauthorized until further notice.
2. Federal and State funded programs to continue to operate as usual.
3. An Audit performed by the Bureau of Indian Affairs. (As per a motion approved unanimously by the General Council)
4. Open a Swinomish Liquor Store and Smokeshop.
These actions however unpleasant, are necessary to stop further indebtedness and allow the tribe an opportunity to generate an income, repay all legal Swinomish Tribal Community debts and become Self Sufficient. As the Vice Chairman, I am available to assist in the actions to be taken by the Swinomish Senate.
Sincerely Yours
Pete Fornsby
Vice Chairman
Mr. Pete Fornsby
LaConner, Washington 98257
May 7, 1980
Mr. Robert Joe, Chairman
Swinomish Tribal Community
LaConner, Washington 98257
Dear Mr. Chairman,
On April 16, 1980 I officiated a Special General Council meeting as Acting Chairman, at your request. There were three (3) resolutions passed by the people of the Swinomish Tribal Community;
1. Relinquishment of Chairman and Senate positions by Mr. Robert Joe
2. Relinquishment of Treasurer and Senate positions by Mrs. Laura Wilbur.
3. Any and all smokeshops within the boundaries of the Swinomish Reservation to become tribally owned and operated.
As a Senator, and Acting Chairman of the April 16, 1980 General Council Meeting, I feel a personal commitment. to act on the specific wishes of the people of the Swinomish Tribal Community. As the smokeshop operation is of vital importance to the future of the Swinomish Tribal Community, I am demanding immediate action as follows;
1. IMMEDIATE CLOSURE of all personally owned and operated smokeshops within the boundaries of the Swinomish Reservation.
2. Negotiations started between the smokeshop proprietors and the Swinomish budget Committee to buy tobacco inventory at cost.
3. Open a Swinomish Tribal Smokeshop within the Swinomish Tribal Liquor Store complex.
You, as the Chairman of the Swinomish Tribal Community, are required to initiate action upon the legally passed and approved resolutions of the people. The people have done their part, it is now up to you to do your part. Should you need assistance in carrying out your duties and responsibilities, I am always available to assist.
Sincerely Yours,
Pete Fornsby
Vice Chairman Swinomish Senate
[Note: these charges were attached to the two above letters.]
TREASURER
In accordance with the Swinomish Constitution and By-Laws, Article V Section 2, "The Senate may by two-thirds affirmative vote expel any member for neglect of duty or gross misconduct."
Charges of "neglect of duty or gross misconduct"
1. Illegal use of grant funds. Upon many occasions, monies from grants were used for items other than those planned and approved through the grant. This is a direct misuse of federal funds and highly ILLEGAL. "The treasurer of the senate shall accept, receive, receipt for, preserve, and safeguard all funds. in the custody of the senate.”
2. Unauthorized 1oans... “He shall not pay out or otherwise disburse any funds in his possession or custody, or in the possession or custody of the senate, except when properly authorized so to do by resolution duly passed by it."
3. No financial reports “...and shall report on all receipts and expenditures and the amount and nature of all funds in his possession or custody, such reports being made in writing to the senate at regular meetings and at such other times as requested by the senate.”
4. No annual audit. “…the books and records of the treasurer shall be audited at least once each year...”
5. Nepotism. As a Senator the Treasurer has voted upon items before the Senate which directly effected members of her immediate family. Clearly a violation to any nepotism clause.
6. The Treasurer, with cooperation of the Cbairman entered into a coercion of community members into improper voting procedures in order to receive a loan.
CHAIRMAN
In accordance with the Swinomish Constitution and By-Laws, Article V Section 2, "The senate may by a two-thirds affirmative vote expel any member for neglect or duty or gross misconduct.”
Charges of “neglect of duty or gross misconduct”
1. Uncooperative with the Vice Chairman. The Vice Chairman has approached the Chairman upon many occasions with offers of assistance and cooperation to lighten the load and hasten action upon the many items of importance before the Swinomish Indian Senate. The offers were ignored by the Chairman resulting in an extreme delay in many items of important business. The Chairman also assigned a community member to preside in his absence, a direct violation to the Constitution and By-Laws, which requires the Vice Chairman to preside in the absence of the Chairman.
2. No response to General Council Requests:
a. Quarterly General Council Meetings were to be called by the Chairman in the month of August and the month of November. None were called.
b. A written Annual report was to be prepared and to be available to the Swinomish Members. No report has been made available.
c. An Audit was unanimously approved. The Chairman will not request one from the Bureau of Indian Affairs although the Vice Chairman has repeatedly requested some action on the matter.
3. One quarter of a year has passed without reassignment of committees presented to the Senate for approval. This should have been a priority.
4. The Chairman and the Executive Director were to enforce the Swinomish Tribal Distributorship from the Ordinance #29. No action was ever taken on this or any other direct violation against Ordinance #29.
5. The Treasurer with the cooperation of the Chairman entered into a coercion of Community members into improper voting procedures in order to receive a loan.
