BARTLESVILLE, Okla. – The Delaware Tribe is considering changing how its trust fund accounts are managed and monitored.

Tribal officials met with citizens twice last week to discuss a proposal that would eliminate the tribe’s elected seven-member Trust Board and replace it with a five-member commission that, depending on citizens’ feedback, would be either appointed by the Tribal Council or elected by the people.            

The current structure was implemented in 1990 via a trust document due to a request from the federal government to withhold the Delawares’ accrued trust funds since the tribe was not federally recognized at the time. The tribe lost its federal recognition in 1979, regained it in 1996, lost it again in 2004 and regained it yet again in 2009. Last year, the tribe’s members voted to keep the trust funds in a secure, interest-bearing account rather than spend the money, which helped keep tribal programs afloat during attempts at regaining federal recognition.

“When we  got federal recognition in 2009, we could have done anything with this money because it was tribal money,” Chief Paula Pechonick said. “Being of sound mind, we didn’t and it has been sitting in the bank downtown.

“We’ve tried to keep the spirit of the trust document intact so you wouldn’t worry about your money disappearing. Other leaders have withdrawn the money from time to time to support us while we were fighting for our federal recognition – lawyers’ fees are expensive – but we’ve tried to hold to the document and keep going forward.“

Several citizens at the Sept. 10 meeting balked at the notion of appointed officials having control over tribal funds.

“I’m really picky about my money and how it’s controlled,” tribal citizen Christopher Ketchum said. “I think the trust board, trust commission or whoever will be in charge of it should be elected.”

An attempt is underway to have the proposed changes on ballot for the tribe’s Nov. 3 election. The trust document requires at least 30 days notice that the question will be on the ballot, which places the deadline for a final, publicized version at Oct. 4. However, even if the final draft is ready in time, there is some question as to whether it can legally happen right now.

According to the trust document, the only way it can be amended is either by a two-thirds vote at the annual meeting of the tribe’s citizens, a similar majority on a referendum initiated by at least 100 adult voting members of the tribe or the citizens delegating their authority to the Trust Board president.  The suggested changes are coming from the Tribal Council.

“The trust document states that such a referendum vote can only be initiated by an initiative petition signed by 100 adult voting members,” acting Trust Board chairman Chet Brooks said. “While there are changes that should be made to the trust document and master plan, they cannot be made through this format (proposed by the Tribal Council).”           

The tribe’s constitution allows for a question to be placed on a ballot upon receipt by the Tribal Council secretary of a petition signed by 100 members of the tribe or the Tribal Council passes a resolution with a two-thirds majority calling for an election. Last amended in 2008, the Delaware Tribe’s constitution does not mention the trust board or trust document anywhere in it at this time.

“This is democracy in action,” Tribal Council member Nate Young said. “This is what democracy is all about. We want to hear what you want.

“Whatever decision we make, I want it to be the result of informed input and a decision that the people made.”