OGLALA LAKOTA COLLEGE

Regular Board of Trustees
September 30, 2003

 

BOARD PRESENT               BOARD ABSENT            STAFF PRESENT             OTHERS

 

Bennett ÒTuffyÓ Sierra Trina Lone Hill                      Tom Shortbull             Steven Sandven          

Lamoine Pulliam                Gerald One Feather                 Karlene Janis              

Ernie Little                  Dennis King                            Arlene Quist              

Newton Cummings                                                                 Marilyn Pourier

Pete Red Willow                                                                     Kim Winkelman         

Dennis Brewer                                                                                   

Tom Conroy

Eileen Janis

Pheobe Tallman

Emma ÒPinkyÓ Clifford

 

 

PLACE: Piya Wiconi Conference Room, Kyle, SD

 

1. CALL TO ORDER

 

Mr. Newton Cummings, Chairman, called the meeting to order at 5:20 p.m.

 

2. INVOCATION

 

Dr. Kim Winkelman gave the invocation.

 

3.     APPROVAL OF MINUTES

 

Ms. Eileen Janis made a motion to approve the minutes of the August 21, 2003 Regular Board of Trustees Meeting. Ms. Emma ÒPinkyÓ Clifford seconded the motion.

 

Vote: 7 for;                             Against: 1                   Not Voting: 0             Motion Carried

 

Mr. Tom Conroy made a motion to approve the minutes of the Special Board of Trustee Meeting on September 11, 2003. Ms. Eileen Janis seconded the motion.

 

Vote: 7 for;                             Against: 0                   Not Voting: 1             Motion Carried

 

Mr. Ernie Little enters the meeting at 5:25 pm.

Mr. Pete Red Willow enters the meeting at 5:30 pm.

 

4. FINANCE

 

Mr. Shortbull presented the Finance Committee Minutes for the BoardÕs approval. (See Appendix I)

As there were two items referred to the Full Board, Mr. Shortbull recommended approving the Finance Committee minutes and then dealing with the referred items.

 

Ms. Eileen Janis made a motion to approve the Finance Committee minutes. Mr. Bennett ÒTuffyÓ Sierra seconded the motion.

 

Vote: 9 for                              Against: 0                                Not Voting: 1        Motion Carried

 

Mr. Shortbull presented the bids from two architectural firms for the design and construction of a Nursing Instruction Building. (See Appendix I, Attachments A & C) SHP Engineering and ArchitectureÕs bid was $39,400 and Encompass Architects, PC Ôs bid was $37,500. Mr. Shortbull also presented letters from the two architectural firms on the amount that they will not go over for their travel and other incidental costs. (See Attachment A & B)

 

Ms. Eileen Janis made a motion to except the bid from Encompass Architects, PC for $37,500. Mr. Dennis Brewer seconded the motion.

 

Vote: 10 for                            Against: 0                                Not Voting: 0        Motion Carried

 

Mr. Shortbull presented the consultant contract/agreement for $15,650 for Jim Snow for the BoardÕs approval, and informed the Board that this item had been referred by the Finance Committee with a requirement that a more detailed description on the work performed under the contract be presented to the Board. (See Attachment C)

Ms. Emma ÒPinkyÓ Clifford made a motion to approve the Consultant contract/agreement for $15,650 for Jim Snow. Mr. Pete Red Willow seconded the motion.

 

Vote: 9 for                              Against: 0                               Not Voting: 1        Motion Carried

 

5. PROGRAM POLICY

 

Mr. Shortbull presented the Program Policy Committee minutes for the BoardÕs approval. Mr. Steven Sandven presented the revised Mandatory Employee Drug Testing Policy. (See Appendix II)

 

Ms. Emma ÒPinkyÓ Clifford noted that a correction needed to be made in the minutes as she was present but was listed as both present and absent.

 

Mr. Tom Conroy made a motion to approve the Program Policy Committee Minutes with the correction except for Mandatory Employee Drug Testing Policy. Mr. Pete Red Willow seconded the motion.

 

Vote: 10 for                             Against: 0                                Not Voting: 0              Motion Carried

 

Mr. Tom Conroy made a motion to refer the Drug Testing Policy to the next Program Policy Committee meeting, giving the OLC attorney time to make corrections/amendments. Mr. Pete Red Willow seconded the motion.

 

Vote: 10 for                             Against: 0                                Not Voting: 0              Motion Carried

 

6. PERSONNEL

 

Mr. Thomas Shortbull presented the Personnel Committee minutes to the Board for approval. (See Appendix III)

 

Mr. Pete Red Willow made a motion to approve the Personnel Committee minutes. Ms. Pheobe Tallman seconded the motion.

 

Vote: 8 for                               Against: 1                                Not Voting: 1              Motion Carried

7.     REPORTS AND ANNOUNCEMENTS

 

Mr. Shortbull presented the resignation of Aqualyn Garnette.

 

Mr. Shortbull also gave an update on the upcoming event, ÒAn Evening of Native HumorÓ, occurring during the October Retreat. Mr. Shortbull discussed the option of canceling the event due to low ticket sales. The Board voted with a show of hands ( 8 for ) to continue with the fund raising event due to the busy week-end in Rapid City.

 

Mr. Pete Red Willow left the meeting at 7:00 p.m.

 

8. OLD BUSINESS

 

9. NEW BUINESS

 

Mr. Thomas Shortbull informed the Board there were three items, which were earlier directed to the College Attorney for research.

 

Mr. Steven Sandven, OLC Attorney, presented the pending litigation with I. Be tone from Cheyenne River Sioux Tribe.

 

Ms. Eileen Janis made a motion to proceed with a motion to dismiss the appeal by the College attorney to the 8th Circuit Court of Appeals. Ms. Emma ÒPinkyÓ Clifford seconded the motion.

 

Vote: 9 for                              Against: 0                                Not Voting: 0              Motion Carried

 

Mr. Bennett ÒTuffyÓ Sierra made a motion to go ahead with the appeal process for the challenge of the Tribal CollegesÕ ISC counts and the request that the BIA conduct an audit of Tribal CollegesÕ ISC counts. Ms. Emma ÒPinkyÓ Clifford seconded the motion.

 

Vote: 8 for;                             Against: 1                                Not Voting: 0              Motion Carried

 

Ms. Eileen Janis made a motion to go into Federal Court if the appeal process is unsuccessful in obtaining an audit of the Tribal CollegesÕ ISC count. Mr. Bennett ÒTuffyÓ Sierra seconded the motion.

 

Vote: 8 for;                             Against: 0                                Not Voting: 1              Motion Carried

 

Mr. Steven Sandven presented his legal research to the Board on whether there is legal authority for OLC to garnish itÕs employees wages who owe money to a Tribal entity.

 

Mr. Steven SandvenÕs legal research on the applicability of Federal Labor Legislation to Indian Tribe was also passed out to the Board members.

 

10. SELECTION OF NEXT MEETING: TIME, DATE, AND PLACE

 

Finance Committee- Monday, October 20th, 2003- 3:30 p.m.- Pine Ridge College Center

Program Committee- Monday, October 20th, 2003- 5:00 p.m.- Pine Ridge College Center

Personnel Committee- Tuesday, October 21st, 2003- 5:00 p.m.- Piya Wiconi Board Room

Board of Trustees- Thursday, October 23rd, 2003- 5:00 p.m.- Piya Wiconi Conference Room

 

 

11. ADJOURNMENT

 

Ms. Emma ÒPinkyÓ Clifford made a motion to adjourn the meeting. Mr. Tom Conroy seconded the motion.

 

Vote: 9 for                               Against: 0                                Not Voting:0               Motion Carried

 

The Board of Trustees Meeting adjourned at 7:40 p.m.

 

 

Respectfully Submitted,

 

 

                                                                        Karlene Janis

                                                            Recording Secretary

 

 

ATTEST:

 

 

Mr. Newton Cummings