DOCUMENTATION IN SUPPORT OF THE LIST OF EVENTS 2005-2006
Following are over 90 e-mails that were collected through the course of one year that support the list of events that accompanies the 2006 petition. These e-mails were sent back and forth between council members, staff, and interested persons, and were relevant to OCEN tribal business. None of these e-mails were edited in content except for the removal of extra spaces, personal information (addresses and phone numbers), or ISP advertisements.
01 Meeting Record 2005-2006
Date: Tue, 3 Oct 2006 07:52:31
-0700 (PDT)
From: JOHN C HERTHEL
<jherthel@sbcglobal.net>
Subject: Meeting results of Ocen
> > To: Lorraine Escobar <lescobar9282@charter.net>
> >
> > Meeting results of Ocen
> > September 18
> > Cari Herthel
> > Janette Ritter
> > Al Rodriquez
> > Rich Rodriquez
> > Gloria Ritter
> > Theresa Machado
> > Anthony Gomez
> > Rosemarie Miranda (no attendance)
> > no sec
> >
> > October 9, 2005
> > Cari Herthel
> > Janette Ritter
> > Rosemarie Miranda
> > Gloria Ritter
> > Al Rodriquez
> > Rich Rodriquez
> > Anthony Gomez ( proxy to Rosemarie Miranda)
> > Theresa Machado (proxy to Janette Ritter)
> > No sec
> >
> > November 2005
> > Cari Herthel
> > Janette Ritter
> > Gloria Ritter
> > Al Rodriquez
> > Rosemarie Miranda
> > Theresa Machado
> > Rich Rodriquez
> > Anthony Gomez proxy given to Theresa Machado
> > Pam Tanous ( appointed SEC.)
> >
> > December 2005
> > No meeting , quorum not established
> > Cari Herthel
> > Janette Ritter
> > Gloria Ritter
> >
> > January 2006
> > meeting held at Mediation center
> > do not have minutes, Janette is holding the tapes
> >
> > Febuary 2006
> > No meeting held
> > Meeting Canceled due to death
> > Janette Ritter Death of Grandfather
> > Gloria Ritter Death of Father
> > Al Could not attend
> > Rich Could not attend Weather Problems
> > Anthony no call
> > Pam Tanous Willing
> > Theresa No call
> > Cari Herthel willing
> >
> > March 12, 2006
> > No meeting
> > Janette Ritter going out of town husband birthday proxy to Al
Rodriquez
> > Gloria Ritter personal proxy to Cari Herthel
> > Rich Rodriquez weather conditions , mother ill
> > Anthony Gomez no call
> > Al Rodriquez sick no call
> > Theresa Machado no call
> > Pam Tanous willing
> > Cari Herthel willing
> >
> > Special meeting Called march 19
> > Cari Herthel
> > Janette Ritter
> > Gloria Ritter
> > Al Rodriquez
> > Anthony Gomez partial meeting
> > Pam Tanous proxy to Cari
> > Rich Rodriquez to Al Rodriquez
> > Anthony Gomez to Gloria when he left
> >
> > April 9, 2006
> > Janette Ritter
> > Gloria Ritter
> > Anthony Gomez
> > Al Rodriquez
> > Pam Tanous no proxy but was in emergency room at hospital
> > Rich Rodriquez no proxy
> >
> > May 2006
> > No meeting No quorum, meeting would be Al and myself
> > Rich Rodriquez no Call
> > Anthony Gomez no call
> > Janette Ritter -going out of town, proxy Al
> > Gloria Ritter -personal proxy Cari
> > Al Rodriquez willing
> > Pam Tanous sister very ill, proxy Cari
02 Resignation
> > Date: Sat, 7 Jan 2006
11:54:12 -0800 (PST)
> > From: Rose Marie Miranda <rmmiranda@sbcglobal.net>
> > Subject: Tribal Council and Esselen Tribal Members
> > To: Al <alfonsorod@verizonmail.com>, Char
<cdiaz@perfmech.com>,
> > Anthony Gomez <straightarrow49@yahoo.com>,
> > Cari Herthel <jherthel@sbcglobal.net>,
> > Janette Ritter <gardengraces@sbcglobal.net>,
> > "cygnet1522@comcast.net" <cygnet1522@comcast.net>,
> > Pam <cactusm@mbay.net>, Louise Ramirez
<ljramirez132@sbcglobal.net>,
> > Rudy Rosales <esselennation46@aol.com>,
> > "tpinon@clydebrown.com" <tpinon@clydebrown.com>
> > MIME-Version: 1.0
> > Content-Type: multipart/alternative;
boundary="0-1579550300-1136663652=:11514"
> > Content-Transfer-Encoding: 8bit
> > Content-Length: 1333
> > Esselen Tribal Council,
> >
> > I have thought about my Tribe and People all my life, I have always
wanted to participate and make a difference. Yet at this time I see that this
Tribal Council cannot get past its disagreements. You, the Council, argue at
meetings and the Chair cannot control others at tribal meetings. … Though
I won in an election Theresa and others were ready to remove me before I was
actually contacted and had a chance to attend a meeting. Then Cari Herthel,
Chairperson and self proclaimed head woman, questions the commitment of all
Tribal Council Members. I took the time to email, all that I had addresses for,
of my absence and injury.
> >
> > Already monies are lost, missing and unexplained. How will you
explain this to all Tribal Members? Or will it only be "Confidential
Tribal Council" information. Everything this Council does is
"Confidential" or for "Council Members Only". I was elected
to represent my people, not hide everthing from them.
> >
> > Also, Janette was working on minutes from previous meetings to make
sure this Council follows and respects previous motions yet, I received mail
from the Chair, wanting to establish a complaint commitee, this was voted down
when Lorraine Escobar was Chair, the Council accepted the responsibility to
work out on all complaints. Yet, when my sister filed a complaint in refence to
the election and quoted the Esselen Constitution, you said she was wrong and
were not going to handle it. I suggested you make sure how the Consitution was
written. You said she was wrong, I suggest you all take the time to review the
Consitution again.
> >
> > For these reasons and your treatment, I hearby resign. You may
elimate us from participating but you cannot take away our heritage. We are the
family of Tomas Santos Miranda, the only person identified by name as the
Monterey Band.
> >
> > Rose Marie Miranda
03 Resignation Event
> > Date: Sun, 15 Oct 2006
07:17:06 -0700 (PDT)
> > From: JOHN C HERTHEL <jherthel@sbcglobal.net>
> > Subject: Re: Resignations
> > To: Lorraine Escobar <lescobar9282@charter.net>
> >
> > Rosemarie sent a email on January 7, 2006 with her resignation.
> > A letter was sent to her and Louise from the tribal counci, as Rosemarie
broke confidential issues. Janette did these letters to Rosemarie and Louise,
although i asked many times for the copies she never provided them to me for
the record.
> >
> > Cari Herthel
> >
> > ----- Original Message ----
> > From: Lorraine Escobar <lescobar9282@charter.net>
> > To: Cari Herthel <jherthel@sbcglobal.net>
> > Sent: Sunday, October 15, 2006 4:07:53 AM
> > Subject: Resignations
> >
> > Hi Cari,
> > When did Theresa and Rosemarie resign?
04 Resignation
----- Forwarded Message ----
> > From: JOHN C HERTHEL <jherthel@sbcglobal.net>
> > To: Theresa Pinon <TPinon@pinpay.com>
> > Sent: Tuesday, February 7, 2006 3:48:37 PM
> > Subject: RE: email
> >
> > Theresa,
> > Thanks for the update, I am sorry about your decision but understand
your position.
> > If this is a formal letter of resignation please let me know so that
I can present to the council.
> > blessings
> > Cari
> >
> > Theresa Pinon <TPinon@pinpay.com> wrote:
> > The tax report was filed and mailed on 12/18/05. I have dug up my
copies and will get one to you as soon as I see you which may be this evening.
After much thought and soul searching I have decided to withdraw from my
council position. I dont feel that my presence is of much value at this time. I
will continue to fulfill my position as Enrollment Secretary as long as the
tribe allows me to stay. I feel I can and will be most beneficial in that
capacity as I am not able to or interested in attending monthly meetings to see
our members bash each other and act unruly. To follow up with enrollment issues
I will happily do E-mail correspondence as well as by phone .
> >
> > Theresa Pinon
[business data kept confidential]
> >
> > From: JOHN C HERTHEL [mailto:jherthel@sbcglobal.net]
> > Sent: Wednesday, January 25, 2006 6:01 PM
> > To: Theresa Pinon
> > Subject: email
> >
> > Hello there Theresa
> > tried to call you and send email, but have not heard from you. Hope
all is well and that you are healthy and not to busy with work. Please let me
know if the tax letter was filed, I would like to beable to tell Kathy Clack as
she has asked me to update her.
> >
> > blessings
> > Cari
05 Resignation
----- Forwarded Message ----
> > From: Janette Ritter <janette_ritter@sbcglobal.net>
> > To: JOHN C HERTHEL <jherthel@sbcglobal.net>; cactusm@mbay.net;
lescobar9282@charter.net; Char Diaz <cdiaz@perfmech.com>; Al Rodriguez
<alfonsorod@verizonmail.com>; esselennation46@aol.com
> > Sent: Monday, July 17, 2006 7:12:27 PM
> > Subject: Re: Fw: RESIGNATION
> >
> > Dear Cari,
> > As to the status of the jackets and baseball caps, I have those in my
possession. I brought them with me to the July council meeting with the
intention of giving them to another council member to hold, as I do not have
room at my house.
> > I do not know that status of Rudy's resignation on the Non Profit,
but I think that we could avoid a lot of this back and forth if he was just
added to this e-mail, and asked the question directly, which I did. Why didnt
that happen before? Is there some reason he cannot be communicated with directly,
as you have with Al and Bobby? Now, that the proper communication has been made
through this e-mail, we will all await a response from Rudy himself, not second
and third hand resposes which can confuse and disprupt order.
> > Janette
> >
> > JOHN C HERTHEL <jherthel@sbcglobal.net> wrote:
> > Hello Janette,
> > Please provide an update as to the email sent by Rudy Rosales, and
your Reponse sent to Me on May 23, 2006.
> > Please submit letter to the Ocen Post office box, or please inform us
if the letter has been rescinded.. Thanks for your prompt answer to
clarification issues of Non-proftit and Cultural Resourses, I hope that with
clarification perhaps we can define some plans for action concerning
application of Non-profit number.
> >
> > Cari Herthel
> >
> > ----- Forwarded Message ----
> > From: Janette Ritter <janette_ritter@sbcglobal.net>
> > To: JOHN C HERTHEL <jherthel@sbcglobal.net>
> > Sent: Tuesday, May 23, 2006 12:30:42 PM
> > Subject: Re: RESIGNATION
> >
> > I have the jackets and will submit the letter at the June 4th
meeting.
> >
> > JOHN C HERTHEL <jherthel@sbcglobal.net> wrote:
> > Rudy,
> > here is the number for Al Rodriquez
> > [deleted for confidentiality
purposes]
> > would you please provide Al Rodriquez with Robert Ritter phone number,
He does not have his phone number.
> > Thanks
> >
> > Cari Herthel
> >
> > ----- Original Message ----
> > From: esselennation46@aol.com
> > To: jherthel@sbcglobal.net
> > Sent: Monday, May 22, 2006 3:49:24 AM
> > Subject: Re: RESIGNATION
> >
> >
> > Cari, I have not received one e-mail or phone call at home or on my
cell from Doreen Matthews about anything concerning the tribe, nonprofit or for
that matter anything. If I would have received any communication from Ms
Matthew's I would have contacted her ASAP.
> > I did receive a phone call from Rich and I must have a wrong number
for him and his e-mail keeps bouncing back.
> > I'm giving my niece Janette my letter of resignation from the tribal
nonprofit and also Head of Cultural Resource's and I will also be giving her
the jackets and hats that Rich left in my care.
> >
> > Thank you, Rudy
> >
> > Janette Ritter
> > janette_ritter@sbcglobal.net
[There is no #6
e-mail item in this list.]
07 Enrollment Issues
> > Date: Sun, 11 Jun 2006
22:59:00 -0700
> > From: Lorraine Escobar <lescobar9282@charter.net>
> > To: Cari Herthel <jherthel@sbcglobal.net>
> > Subject: Enrollment Strategy
> >
> > Hi Cari,
> > I may have already sent this e-mail to you but cannot find it to
confirm it. I am attaching the Strategy to Address Enrollment Issues with this
e-mail. I tried to keep it short and sweet. It's a start and will get some
forward movement on a important issue.
> > Susan asked me about the "circle" maps that were included
in the NAHC package I developed when Rudy was Chair. It really needs to be
updated but I do not want to update it until I can review what I have and make
recommendations to the council before the work is done.
> >
08 Complaints re: council appointments
> > ----- Forwarded Message
----
> > From: Janette Ritter <janette_ritter@sbcglobal.net>
> > To: Cari Herthel <jherthel@sbcglobal.net>
> > Sent: Sunday, June 11, 2006 6:48:50 PM
> > Subject: New Appointments
> >
> > Dear Cari,
> > I would like to know when you are going to inform our counsel, Kathy
Clack, about the newly appointed tribal council members.
> > Thank-you, Janette
> >
> > Janette Ritter
> > janette_ritter@sbcglobal.net
09 Work performed by council appointment
> > Date: Mon, 12 Jun 2006
0:13:49 -0700
> > From: Lorraine Escobar <lescobar9282@charter.net>
> > To: Cari Herthel <jherthel@sbcglobal.net>
> > Subject: MLD Policy Recommendations
> >
> > Hi Cari, As mentioned prior, I told Susan I would look into the NAHC
submission I had made. It was done in 2000 and needs updating. There are many
tasks that should be done to do it right and I developed a list of
recommendations to get the ball rolling. I am sure that this might take quite a
bit of discussion so I leave it to your discretion to direct me to work with
Susan on it if you think it will expedite matters by the time it hits the
council table. This is the last of the tasks I have to do for the tribe. Other
than providing any edits on those minutes, I assume I am done. Oh, and just for
kicks - here's a list of what I have done so far: 1. Letter to Steven Fernandez
2. Condense April 9 minutes 3. Condense June 4 minutes 4. Strategize approach
to address enrollment issues 5. Call Rich and update him on meeting activities
6. Format newsletter 7. Assist Susan with website content 8. Contact Doreen
with current addresses 9. Answer 8 enrollment queries 10. Develop resolution
for signature (emergency powers) 11. Develop recommendations for MLD update
package 12. Develop July 9, 2006 meeting agenda. Anything else,
10 Council Communication
> > Date: Tue, 13 Jun 2006
18:21:26 -0700 (PDT)
> > From: JOHN C HERTHEL <jherthel@sbcglobal.net>
> > Subject: Re: Rich Rodriguez
> > To: Lorraine Escobar <lescobar9282@charter.net>
> >
> >
> > glad to hear the news., look forward to his imput at the next council
meeting.
> >
> > Cari Herthel
> >
> > ----- Original Message ----
> > From: Lorraine Escobar <lescobar9282@charter.net>
> > To: Cari Herthel <jherthel@sbcglobal.net>
> > Sent: Tuesday, June 13, 2006 6:12:21 PM
> > Subject: Rich Rodriguez
> >
> > Hi Cari,
> > Just talked with Richard and I told him I would pass on his thoughts
on a resignation. He does not want to resign and is going to try to make the
next meeting. He was glad to hear of the progress and thinks the emergency
power vote was a good thing. Pass on the info to whomever you think needs to
see it.
> >
11 Demands
> > Date: Thu, 29 Jun 2006
17:25:21 -0700 (PDT)
> > From: Janette Ritter <janette_ritter@sbcglobal.net>
> > Subject: Re: Administration
> > To: Susan Morley <Susan_Morley@csumb.edu>
> > Cc: cdiaz@perfmech.com, robertaritter@sbcglobal.net,
lescobar9282@charter.net,
> cactusm@mbay.net, jherthel@sbcglobal.net, alfonsorod@verizonmail.com
> >
> > Dear Susan,
> > To clarify, I asked for an update of what you have been working on,
not a lengthy day at the photocopy machine.
> > I also requested to be Cc'd on any e-mail correspondence you
facilitate as the Adminstrator.
> > If this is also beyond your time capacity could you please let me
know. I am not asking for any work to be re- prioritized. If your time is
constrained, I would settle for the Cc I have requested. If you think that I
need permission from my peers to be privy to information you send out on our
behalf, also, please let me know.
> > Janette
> >
> > Susan Morley <Susan_Morley@csumb.edu> wrote:
> > Janette Ritter on Wednesday, June 28, 2006 at 9:48 PM -0800 wrote:
> > >Dear Susan,
> > >As I was unable to attend the past council meeting due to the out
of town move Gloria made, I would like to be updated on what letters you have
written since and prior to that meeting, and what you are working on now.
> > >I would like to be added to all of your in going and out going
mail and/or e-mail regarding my tribe, Ohlone Costanaon Esselen Nation, as the
Administrator. I would like attachments of any letters that you plan on sending
out so that I am kept as
> > >up to date as possible. I am the Vice Chairperson of OCEN, voted
in to office by the people of my tribe, and I deserve to know what is going on.
> > >If you are unable to facilitate this request, I would like an
explanation why.
> > >Sincerely,
> > >Janette
> >
> > Dear Janette,
> >
> > Hello and I hope all is well with you and you are having a good
summer.
> >
> > This morning I received your request for copies of all correspondence
I have done on behalf of OCEN. Please understand that I know how important it
is for all council members to be updated on all tribal business matters; that
is why your tribal
> > chairperson has gone to great lengths to make sure that all
correspondence is available at all Tribal Council meetings.
> >
> > I have done my best at Tribal Council meetings to fulfill your
requests to copy all documents that you ask me to copy, but your request to
make photocopies of all documents for you is above and beyond my normal
responsibilities in assisting the
> > tribal chairperson. From what I have observed, copies have been
available to you and the council at all tribal council meetings. To begin
making photocopies of all documents for all council members may not be part of
the council’s past practices.
> > Perhaps that is a matter you can discuss with the Tribal Council so
that a copying protocol is included from then on in the way the Tribal Council
operates.
> >
> > Certainly you are aware of the need for the tribal chairperson and
the tribal administrator to continue working in all expediency to respond to
urgent matters on a regular basis.
> >
> > With that said, I estimate that it would require additional time (8
to 16 hours) to facilitate your request as stated. As you can guess, I have
other serious obligations to my family and work. Moreover, attempting to
fulfill your request would take
> > away precious volunteer hours from other duties I already perform for
your tribe. Rather than spending those hours making photocopies (that are all
available at all meetings), it may be best if the council as a whole decides
whether or not I should
> > reprioritize the time I spend working for the tribe at this point.
> >
> > Therefore, I sincerely regret that I do not have the time to begin
copying all correspondence for you right now. I just do not have enough free
time available over the next few weeks.
> >
> > Your Friend,
> >
> > Susan Morley
> >
> > Susan Morley, M.A., R.P.A
> > Instructor in the Social and Behavioral Sciences
> > Division of Social, Behavioral, and Global Studies
> >
> > 100
> >
> >
> > "and justice for all."
12 Reply
> Date: Sun, 22 Oct 2006
13:34:12 -0700
> From: Lorraine Escobar <lescobar9282@charter.net>
> To: lescobar9282@charter.net
> Subject: Lorraine's reply to Janette's demands
>
> > Date: Thu, 29 Jun 2006 18:26:10 -0700
> > From: Lorraine Escobar <lescobar9282@charter.net>
> > To: Janette Ritter <janette_ritter@sbcglobal.net>
> > Subject: Re: Administration
> > Cc: Al Rodriguez <alfonsorod@verizonmail.com>,
> Anthony Gomez <cdiaz@perfmech.com>,
> Cari Herthel <jherthel@sbcglobal.net>, Pam Tanous
<cactusm@mbay.net>,
> "Susan Morley (home)" <mojo50@comcast.net>
> >
> > Janette,
> > I understand your desire to be informed on all matters concerning
tribal business. And, I am absolutely sure that Susan will be happy to comply
with whatever requests we may have of her. But, her time is certainly limited
as a volunteer, which I am sure you can appreciate having occupied the position
of tribal administrator in the past. And, because that time is limited, there
is a real need to prioritize how those volunteer hours are used.
> > Susan informs me that all materials are available at every tribal
council meeting. If you are not able to attend, you might want to ask another
council member to get the copies you are requesting. Otherwise, it takes times
time away from other important tasks for Susan to respond to additional
requests.
> > As you well know, the council, as a whole, is the body that directs
the work to be done. So, I'd like to recommend that you develop a by-law
amendment if you think things could be done in a more efficient manner. I agree
that it's important to have the entire council informed on all matters but
we've never had anything set in stone about how to get that done, except to do
it through e-mail. But, not every council member has e-mail, so that has always
remained an obstacle in making sure the entire council has been updated on
every matter. If you have a better idea that won't be so taxing on the Tribal
Administrator, I'd be eager to hear it.
> >
13 Suggestions
> > Date: Thu, 29 Jun 2006 19:28:11 -0700 (PDT)
> > From: Janette Ritter <janette_ritter@sbcglobal.net>
> > Subject: Re: Administration
> > To: Lorraine Escobar <lescobar9282@charter.net>
> > Cc: Al Rodriguez <alfonsorod@verizonmail.com>,
> Anthony Gomez <cdiaz@perfmech.com>,
> Cari Herthel <jherthel@sbcglobal.net>, Pam Tanous
<cactusm@mbay.net>,
> "Susan Morley \(home\)" <mojo50@comcast.net>
> >
> > Dear Lorraine,
> > By Laws of the Ohlone Costanoan Esselen Nation.
> > Section 6.Paragraph One. Last sentance to be modified. "He/she
shall assist the Chairperson (insert: and Tribal Council) when called upon to
do so."
> > Second paragraph proposed to be added.
> > The Tribal Administrator shall include Tribal Council Members in all
in going and out going Electronic Mail correspondence that pertains to the
business and professional affairs of OCEN. He/She shall provide and maintain a
log of Electronic Mail correspondence at all regularly scheduled Council
Meetings for Tribal Council members to review.
> > I will have this ready to vote on at the next tribal council meeting.
Having served as Tribal Administrator in past, I never found it taxing to
include Tribal Council members in my electronic mail. Having said that - without
it being written into law, I was expected to do so, and considered it to be one
of my many jobs. Communication and attendance has been a priority to me,
> > Janette
14 Attack
> > Date: Thu, 29 Jun 2006 22:21:13 -0700
> > From: Lorraine Escobar <lescobar9282@charter.net>
> > To: Janette Ritter <janette_ritter@sbcglobal.net>
> > Subject: Re: Re: update
> > Cc: Pam Tanous <cactusm@mbay.net>, Susan Morley
<Susan_Morley@csumb.edu>,
> Al Rodriguez <alfonsorod@verizonmail.com>,
> Anthony Gomez <cdiaz@perfmech.com>,
> Cari Herthel <jherthel@sbcglobal.net>
> >
> > Janette,
> > I believe that there was a misunderstanding during the conversation
that Pam and Rich had. Let's just rest on the fact that Rich clarified himself
after all. He did not attend the last meeting but did give his proxy to Pam. Of
that fact, I am very sure. I live in Ceres which is not far from Riverbank,
where Rich lives. We communicate on a regular basis. I have kept him informed
of all the events of the last meeting and he was in full support of all that
took place. (He is one of those who does not have e-mail, by the way.)
> > As a thought, it might be a good idea to discuss (at the meeting) how
we will communicate when we do communicate via e-mail. E-mail is a difficult
medium to decipher. There is no tone. There are no faces nor eyes to look at
when someone is writing to you. There is no voice to hear whether or not there
is a perceived problem. When the message is only in words, things can be taken
in a negative way as we have certainly seen in the past. I'll certainly try to
give it more thought and maybe we can have a positive dialogue about this at
our next meeting.
> > I look forward to working with you on all OCEN business matters.
> >
> >
> > ---- Janette Ritter <janette_ritter@sbcglobal.net> wrote:
> > > Dear Lorraine,
> > > Thank you, again, for the update. I have not had this much
feedback from my tribal council since we were voted into office, and this is
just one evening. Unfortunately it does not answer the question of why Gloria
was told by Pam and Cari that "Rich was resigning" on the date of the
last meeting. Although your statement provides evidence that Rich is still on
the Tribal Council, it does not explain why Gloria was misinformed.Gloria being
told Rich is resigning, and Pam holding his proxy at the same meeting is a
mystery to me, and Pam will not communicate by e-mail. Again, communication is
a big issue here. Im just looking for an answer.Obvioulsly, answers come in all
shapes and sizes.
> > > Janette
> > >
> > > Janette
> > >
> > > Lorraine Escobar <lescobar9282@charter.net> wrote:
> > > To All,
> > > I spoke with Rich a few days after the last meeting. He
clarified that he does not intend to resign.
> > >
> > > ---- Janette Ritter <janette_ritter@sbcglobal.net> wrote:
> > > > Dear Pamela,
> > > > Id rather wait until the next council meeting I can attend
to ask you this. That way, everyone can be clear about your explanation.
> > > > Sincerely,
> > > > Janette
> > > >
> > > > Pam Tanous <cactusm@mbay.net> wrote:
> > > > Please call me if you would like an answer to this
question.
> > > > ----- Original Message -----
> > > > From: Janette Ritter
> > > > To: Pam Tanous
> > > > Sent: Sunday, June 11, 2006 9:45 PM
> > > > Subject: Fwd: Re: update
> > > > Dear Pamela,
> > > > Cari has said I should ask you the question below. I would
appreciate some clarity.
> > > > Thanks,
> > > > Janette
> > > >
> > > > JOHN C HERTHEL <jherthel@sbcglobal.net> wrote:
> > > > Date: Sun, 11 Jun 2006 21:42:08 -0700 (PDT)
> > > > From: JOHN C HERTHEL <jherthel@sbcglobal.net>
> > > > Subject: Re: update
> > > > To: Janette Ritter <janette_ritter@sbcglobal.net>
> > > > Janette,
> > > > you need to ask this question to Pam.
> > > >
> > > > Cari Herthel
> > > >
> > > > ----- Original Message ----
> > > > From: Janette Ritter <janette_ritter@sbcglobal.net>
> > > > To: JOHN C HERTHEL <jherthel@sbcglobal.net>
> > > > Sent: Sunday, June 11, 2006 9:22:45 PM
> > > > Subject: Re: update
> > > >
> > > > Dear Cari,
> > > > Can you please explain why Gloria was told by you and
Pamela, verbally, that Rich resigned from his seat?
> > > > Thanks,
> > > > Janette
> > > >
> > > > JOHN C HERTHEL <jherthel@sbcglobal.net> wrote:
> > > >
> > > > Janette,
> > > > The Official Correspondence is available to be reviewed by
all Council Members at Council Meetings.
> > > > The Minutes of June 4th Meeting will be available to all
Council Members at the July Council Meeting.
> > > > Please Have the tapes from the January Meeting , and the
Minutes available if you have done them at this meeting as well.
> > > > As Well AS all Correspondence you have sent, including the
letters to Rosemarie, Theresa, Louise, etc.
> > > > This effort will help the Minutes to be of record, for all
Council Members.
> > > >
> > > > Rich Rodriquez has not resigned , I have not received any
resignation letters.
> > > > The Proxies -Pam Held proxies of Al and Rich
> > > > Cari held proxy of Gloria
> > > > Anthony Gomez father was contacted and He told me Anthony
Gomez was not available for Several Months, that he would give my message to
his son.
> > > >
> > > > Contact information for Joe is [deleted for confidentiality]
> > > > Lorraine is [deleted
for confidentiality]
> > > >
> > > > Cari Herthel
> > > >
> > > > ----- Original Message ----
> > > > From: Janette Ritter <janette_ritter@sbcglobal.net>
> > > > To: Cari Herthel <jherthel@sbcglobal.net>
> > > > Sent: Sunday, June 11, 2006 6:41:03 PM
> > > > Subject: update
> > > >
> > > > Dear Cari,
> > > > I would like to be included in all e-mails pertaining to
OCEN business, and be given a copy of the meeting minutes, both general and
executive, from the June 4th meeting, when they become available. I would like
to be added as a cc on any official correspondence you send or receive acting
as OCEN chairperson.
> > > > I would like to know if Rich Rodriguez resigned from his
seat.
> > > > I would like to know if Anthony Gomez was notified of the
meeting that took place on June 4th.
> > > > I would like to know what proxies constituted a quorum on
June 4th.
> > > > And, I would like to know the other decisions Pamela Tanous
made as the only council member in attendance at the June 4th meeting.
> > > > I would like to have the contact information of the interim
council members that Pamela appointed to office on June 4th.
> > > > Thank-you,
> > > > Janette Ritter, Vice Chairperson, OCEN
15 SB 18
> > Date: Fri, 30 Jun 2006
11:59:06 -0700 (PDT)
> > From: JOHN C HERTHEL <jherthel@sbcglobal.net>
> > Subject:
> > To: Al Rodriguez <alfonsorod@verizonmail.com>,
cactusm@mbay.net,
> Janette Ritter <janette_ritter@sbcglobal.net>,
> Char Diaz <cdiaz@perfmech.com>, lescobar9282@charter.net
> > Cc: Morley/Nasaw <mojo50@comcast.net>,
Planningcorp@mindspring.com,
> aleventh <aleventh@email.sjsu.edu>
> >
> > Dear Council ,
> > Monterey County called this am to schedule the next meeting of the
Sb18 , General Plan consultation.
> > We will meet July 10 , 2006 at 10 am in Salinas government offices of
Monterey.The meeting will last 2-4 hours.
> > Please let me know if you would like to attend with Susan and Myself.
This is a very time consuming project , help to gather information on the
history of cultural sites is welcome.
> >
> > Cari Herthel
16 Council Absenteeism
> Date: Sat, 8 Jul 2006
10:51:39 -0700
> > From: Lorraine Escobar <lescobar9282@charter.net>
> > To: Char Diaz <cdiaz@perfmech.com>, "Susan Morley
home)" <mojo50@comcast.net>,
> Janette Ritter <janette_ritter@sbcglobal.net>
> > Subject: RE: Administration
> > Cc: CARI HERTHEL <jherthel@sbcglobal.net>,
> ALFONSO RODRIGUEZ <alfonsorod@verizonmail.com>,
> PAM TANOUS <cacthusm@mbay.net>
> >
> > Janette, Thanks for Gloria' information.
> > Anthony, I have a question for you. What is your status? Last we
heard you were not going to be available for four months. It's important to
know that we are going to have as full participating council as possible so we
can continue to do business. Could you, please, provide a more specific status
so we can know when you will be present to participate?
> > As for your ideas about keeping absentee council members updated,
please, keep them coming. Just to provide a little history about that matter,
the council adopted by-law amendments that made keeping updated the
responsibility of the council member (back in '93 or '94 sometime, maybe
later). But, it has been my experience in the past 14 years that just asking
for copies does not ensure that you'll get what you're asking for, even if a
council member attends the meeting. (But, attendance certainly helps. This is
how I was able to build such a complete minute record from my personal copies.)
> > Also, something else to consider aside from costs is that of time. It
is easy to forward electronic mail or minutes but not everyone has e-mail.
Lastly, it takes time to print up paper copies and to mail them to everyone, so
that takes away from precious little volunteer time our TA has to give. If that
responsibility is going to fall to the TA to do, I think it would useful to
figure out the most efficient means possible to get absentee council members
updated.
> > There is no by-law amendment other than this which specifically
addresses this need. We could use another amendment to establish the process
within our operating procedures but it has to be one that works for everyone no
matter if they are computer literate or not. I know Janette is working on
something but it would be great if we can all brainstorm on this old problem.
> >
> >
> > ---- Janette Ritter <janette_ritter@sbcglobal.net> wrote:
> > >Dear Char,
> > >So Anthony and you have the update, Gloria's new address is: [deleted for confidentiality], Her new
Phone number is [deleted for
confidentiality]. I will be sure to keep you updated on Tribal Matters.
And, if the administrator can not facilitate this need, then I will send you
copies myself. Please feel free to call me with any questions. I hope you are
all doing well.
> > >Janette
> > >
> > >Char Diaz <cdiaz@perfmech.com> wrote:
> > >Hi Janette,
> > >
> > >Regarding this message I also agree with what you have said. It
should be an automatic procedure that if a Council Member is not at a meeting
then the materials handed out should be forwarded to that member. All council
members should receive all information handed out at meetings, including a copy
of the minutes so that they can be kept current on all proceedings of each
meeting. Maybe we can start collecting $1.00 from each member at each meeting to
use for necessary postage when these things happen.
> > >
> > >I wanted to let you know that I will unfortunately not be able to
attend this July 9 Council Meeting as I am working out of town currently and
will not be able to make it back and then return to work on Monday. I would
like to give my proxy to your mother, Gloria Ritter. If she does not make the
meeting then my next choice would be you. I have every confidence in the
choices you and your mother will make. I do not have her new e-mail address so could
you please give her this information for me. Please keep me posted.
> > >
> > >As I am not sure how long I will be out of town working if you
need to contact me please call Charlotte on her cell phone. The number is [deleted for confidentiality]. It will be
hard to contact me as I am working long hours and Saturdays at the present
time.
> > >
> > >I will continue to send you messages through this e-mail address
or through
> > >
> > >Thanks,
> > >
> > >Anthony
> > >
> > >
> > >Char Diaz
> > >-----Original Message-----
> > >From: Janette Ritter [mailto:janette_ritter@sbcglobal.net]
> > >Sent: Thursday, June 29, 2006 7:28 PM
> > >To: Lorraine Escobar
> > >Cc: Al Rodriguez; Anthony Gomez; Cari Herthel; Pam Tanous; Susan
Morley (home)
> > >Subject: Re: Administration
> > >
> > >Dear Lorraine,
> > >
> > >By Laws of the Ohlone Costanoan Esselen Nation.
> > >
> > >Section 6.Paragraph One. Last sentance to be modified.
"He/she shall assist the Chairperson (insert: and Tribal Council) when
called upon to do so."
> > >
> > >Second paragraph proposed to be added.
> > >
> > >The Tribal Administrator shall include Tribal Council Members in
all in going and out going Electronic Mail correspondence that pertains to the
business and professional affairs of OCEN. He/She shall provide and maintain a
log of Electronic Mail correspondence at all regularly scheduled Council
Meetings for Tribal Council members to review.
> > >
> > >I will have this ready to vote on at the next tribal council
meeting. Having served as Tribal Administrator in past, I never found it taxing
to include Tribal Council members in my electronic mail. Having said that -
without it being written into law, I was expected to do so, and considered it to
be one of my many jobs. Communication and attendance has been a priority to me,
> > >
> > >Janette
17 Council Absenteeism
> > Date: Sun, 9 Jul 2006 14:00:10 -0700 (PDT)
> > From: Janette Ritter <janette_ritter@sbcglobal.net>
> > Subject: Councl Seat Status and Update
> > To: cdiaz@perfmech.com
> > Cc: Cari Herthel <jherthel@sbcglobal.net>,
lescobar9282@charter.net,
> Al Rodriguez <alfonsorod@verizonmail.com>,
> Pam Tanous <cactusm@mbay.net>
> >
> > Dear Anthony,
> >
> > At the June 4th meeting, which I was absent from, the meeting minutes
read:
> >
> > "Cari reported that Anthony Gomez would be unavailable fo a
total of four month. Cari moved to appoint Joe Kavanaugh as an interim council
member in place of Anthony Gomez during his absence. Pam seconded the motion.
Motion carried unanimously. Pam moved to appoint
> >
> > I did not know that this action was taken until today when I arrived
at the council meeting. As Gloria was not there, I was holding your proxy as
requested. The council meeting was postponed because we could not come to an
agreement on whether or not you had a vote. I did not want you to lose your
vote if you were unaware this action had been taken.
> >
> > I am not writing formally on behalf of the tribal council, but I
would like to know what your status is. Are you unavailable for four months?
And if so, are you going to take a leave of absence, or are you going to submit
you proxy? Please let me know as soon as possible, so that we can clear this
confusion and move ahead with tribal business.
> > Thanks,
> > Janette
18 SB 18
> > Date: Sun, 9 Jul 2006 14:50:07
-0700 (PDT)
> > From: JOHN C HERTHEL <jherthel@sbcglobal.net>
> > Subject: Re: Fw: FW: Phone call from Ohlone/Costanoan-Esselen Nation
> > To: Janette Ritter <janette_ritter@sbcglobal.net>,
> Al Rodriguez <alfonsorod@verizonmail.com>,
> "cactusm@mbay.net" <cactusm@mbay.net>,
> "lescobar9282@charter.net" <lescobar9282@charter.net>,
> Char Diaz <cdiaz@perfmech.com>
> >
> > Janette,
> >
> > As you may recall--we all attended the first SB18 meeting up in
Larkspur. I recall you were there.
> >
> > Susan and I followed up on that meeting because we understand the
importance of this consultation. We asked for and received permission from the
tribal council to represent the tribe in consultation regarding SB18. That was
at the April meeting or before (I can find exact date if needed).
> >
> > We invited the Governor's Office planners Mr Gonzales and Mr. Morgan,
to provide a workshop for the folks here in
> >
> > At that workshop a booklet that was printed by the Governor's staff
included this presentation.
> >
> > We then wrote to the county planners and set up consultation and met
with the planners. We also invited you to this meeting.
> >
> > An email was sent out with all policies and procedures that Alan
Leventhal, Cari Herthel, Susan Morley, and Steve Craig submitted for the
Monterey Count General Plan on June 6, 2006 on which you were invited to
attend; it is unfortunate that you could not attend this meeting. A copy was
sent to our attorney, Kathy Clack. A follow up to the initial meeting on these
policies and procedures is scheduled for tomorrow where we will begin the
further dialoging.
> >
> > I will inform all council members per my usual practice.
> >
> > Cari Herthel
> > ----- Original Message ----
> > From: Janette Ritter <janette_ritter@sbcglobal.net>
> > To: JOHN C HERTHEL <jherthel@sbcglobal.net>; Al Rodriguez
<alfonsorod@verizonmail.com>; cactusm@mbay.net; lescobar9282@charter.net;
Char Diaz <cdiaz@perfmech.com>
> > Sent: Sunday, July 9, 2006 2:17:25 PM
> > Subject: Re: Fw: FW: Phone call from Ohlone/Costanoan-Esselen Nation
> >
> > Dear Cari,
> > When is this project slated to begin?
> > Janette
> >
> > JOHN C HERTHEL <jherthel@sbcglobal.net> wrote:
> > Dear Council
> > enclosed in the below email is a current communication with
> >
> > Cari Herthel
> >
> > ----- Forwarded Message ----
> > From: Susan Morley <Susan_Morley@csumb.edu>
> > To: "Holm, Carl P. x5103" <HolmCP@co.monterey.ca.us>;
jherthel@sbcglobal.net
> > Sent: Thursday, June 29, 2006 8:08:19 PM
> > Subject: Re: FW: Phone call from Ohlone/Costanoan-Esselen Nation
> >
> > "Holm, Carl P. x5103" <HolmCP@co.monterey.ca.us> on
Tuesday, June 27, 2006 at 7:16 AM -0800 wrote:
> > >Susan;
> > >
> > >I wanted to follow up on your phone call regarding the Esselen
Institute. We made contact to suggest they contact you relative to work at the
Institute (see below) to try to help facilitate consultation. As I noted there
is an approved project,
> > >and they are working on condition compliance to obtain permits.
Conditions also include placing parts of the grounds into a conservation
easement with an HR (Historic Resource) zoning designation to identify the
significance of this site.
> > >
> > >Notices are also currently out relative to a different project
where the Institute is requesting a permit to conduct fundraising events.
> > >
> > >Carl P. Holm, AICP
> > >
> > >-----Original Message-----
> > >From: Gonzales, Liz x5102
> > >Sent: Monday, June 26, 2006 4:45 PM
> > >To: 'juliet.johnson@esalen.org'
> > >Cc: Holm, Carl P. x5103; Mendoza, Connie x5184
> > >Subject: Phone call from Ohlone/Costanoan-Esselen Nation
> > >
> > >Hi Juliet,
> > >
> > >One of our Coastal planners received a phone call from Cari Herthel,
Chairperson, Ohlone/Costanoan-Esselen Nation regarding some development going
on at Esselen. Since there is a positive Archaeological Report for the site,
would you mind calling
> > >them? As part of the condition compliance, Esselen is required to
have an archaeological monitor on site during any construction. If you need
another copy of the Arch Report, please let me know. Please let us know if we
can be of any help
> > >regarding the outcome of the phone call. Thank you.
> > >
> > >Elizabeth Gonzales, Associate Planner
> > >
> > >[ mailto:gonzalesl@co.monterey.ca.us ]gonzalesl@co.monterey.ca.us
> > >Monterey County Planning & Building Inspection
> > >168 W. Alisal Street/2nd Floor
> > >Salinas, CA 93901
> > >(831) 755-5102 ph.
> > >(831) 757-9516 fax
> > >Visit our informative website at:
> > >http://www.co.monterey.ca.us/pbi
> >
> > Dear Carl,
> >
> > Thank you for your latest update on the work being conducted at
Esalen Institute.
> >
> > This has reminded Cari that we are still in the process of consultation
regarding SB 18 and she has asked me to contact you.
> >
> > As you are the project manager we turn to you for scheduling our next
consultation meeting. We are available in the begining of July and hope to be
able to meet with you soon to continue the discussion.
> >
> > Thank you for your continued assistence.
> >
> > Sincerely,
> >
> > Susan Morley
> > Tribal Administrator
> > Ohlone/Costanoan Esselen Nation
> >
> > Susan Morley, M.A., R.P.A
> > Instructor in the Social and Behavioral Sciences
> > Division of Social, Behavioral, and Global Studies
> >
> > 100
> >
> > "and justice for all."
19 Council Absenteeism
> > Date: Mon, 10 Jul 2006 16:47:27 -0700 (PDT)
> > From: JOHN C HERTHEL <jherthel@sbcglobal.net>
> > Subject: Re: Letter from Chairperson
> > To: Janette Ritter <janette_ritter@sbcglobal.net>,
cdiaz@perfmech.com
> > Cc: lescobar9282@charter.net, Al Rodriguez
<alfonsorod@verizonmail.com>,
> Pam Tanous <cactusm@mbay.net>
> >
> > Dear All,
> > Because it has been suggested that I knew of Anthonys availability
from Gloria., I wish to state for the record that I never had a conversation
with Gloria to this effect. I was left a phone message from Char After June 4
and have that On my phone, for the record, I called her back..
> >
> > Cari Herthel
> >
> > ----- Original Message ----
> > From: Janette Ritter <janette_ritter@sbcglobal.net>
> > To: cdiaz@perfmech.com
> > Cc: Cari Herthel <jherthel@sbcglobal.net>; lescobar9282@charter.net;
Al Rodriguez <alfonsorod@verizonmail.com>; Pam Tanous
<cactusm@mbay.net>
> > Sent: Sunday, July 9, 2006 5:59:05 PM
> > Subject: Letter from Chairperson
> >
> > Dear Anthony,
> > Just so you know, neither myself nor Gloria had any part of writing
the letter you received from Cari Herthel, or any of the content in it. I
advised that a formal letter be written, but we were unaware that you had a
reply date of August 1st, and we were not advised to put you on leave of
absence status. We did not vote on this letter to be sent to you, nor did we
vote to put you on leave of absence. The reason being that Char told Gloria you
were available. Gloria says that she did pass this information on to Cari.
> > Janette
20 Reminder
> > Date: Wed, 12 Jul 2006
14:07:43 -0700
> > From: Lorraine Escobar <lescobar9282@charter.net>
> > To: Susan Morley <Susan_Morley@csumb.edu>
> > Subject: A Reminder to talk to George
> > Cc: Cari Herthel <jherthel@sbcglobal.net>
> >
> > Hi Susan,
> > As a precaution to protect the rest of the council from any further
harrassment from Rudy Rosales, I am sending you a reminder to discuss the
matter with George. Rudy has a history of intimidating other council members
and we must take all steps necessary to ensure the safety and well-being of the
OCEN Tribal Council's ability to conduct meetings.
> > If George needs a formal statement from me stating what I have
personally observed regarding Rudy's unacceptable behavior, please let me know.
> >
21 Notes for July meeting
> > Date: Wed, 12 Jul 2006
15:09:07 -0700
> > From: Lorraine Escobar <lescobar9282@charter.net>
> > To: Pam Tanous <cactusm@mbay.net>, Cari Herthel
<jherthel@sbcglobal.net>
> > Subject: PERSONAL & CONFIDENTIAL
> > Cc: Susan Morley <Susan_Morley@csumb.edu>
> >
> > I have attached a transcription of the notes I took at the July 9, 2006 meeting attempt.
[Click on hyperlink to see the actual
typed notes.] I am submitting them for your informal review and input
although I do not intend that these notes be submitted as part of the formal
record. As for the last paragraph, I thought it was appropriate to diary the
event as I saw it happen since I was the only eye-witness, other than Janetter
Ritter and the two parties involved. I wrote it as a matter of record and this
is paragraph is not subject to any review - formal or informal, unless Susan
(the victim of Rudy's attack) has something to add. Otherwise, it stands as my
testimony alone. I am not inclined to submit these notes to Janette Ritter at
this time as I do not wish to submit these notes in a formal process. They are
my personal notes, plain and simple.
22 Majority Votes with One Person/Family
> > Date: Thu, 13 Jul 2006
20:07:48 -0700
> > From: Lorraine Escobar <lescobar9282@charter.net>
> > To: cdiaz@perfmech.com, JOHN C HERTHEL
<jherthel@sbcglobal.net>,
> Janette Ritter <janette_ritter@sbcglobal.net>
> > Subject: Majority Vote with One Person/Family
> > Cc: Pam Tanous <cactusm@mbay.net>, Al Rodriguez
<alfonsorod@verizonmail.com>
> >
> > I think it is important to interject a thought here since I was the
one who raised the objection about ONE person having a majority vote on a
council matter. Whether or not anyone is representing other families with
proxies, it will be that ONE person who casts the proxy votes - just ONE
person. In principle, this is not a good idea. It was not a good idea to have
ONE family with a majority vote. (Remember the Thielman clan?) To avoid that
kind of control, we changed our constitution to limit the number of persons
from a family on the council from unlimited to two. Remember that? The idea was
that it would hopefully keep any single family from being able to control the
tribal business by holding majority votes like that.
> > But it is more than just the idea of a family having that kind of
control. If it is not okay for a single family, why should it be okay for one
person to have control? When a council member is not present, they don't hear
the information, they don't engage in the discussion, they virtually end up
giving their proxy vote as a blind vote. This is not how a council member can
make an informed decision, and I do believe that is what the tribe expects of
the council - to make informed decisions, to attend the meetings, to have
dialogue about the issues, and to then make a democratic vote by all council
members - not have things determined by just one person.
> > Even if it is just ONE person holding sufficient proxies to make a
majority vote, it is still not a good idea to have ONE person with a majority
vote. It does not matter who that person or family is - it is not a good idea
because it does not protect the democratic process. It's a matter of principle,
not personality.
> > Our constitution and by-laws make it far too easy for council members
not to attend and to not be involved in conducting tribal business. Council
member absenteeism is a old problem for us and we have tried to deal with it in
a couple of ways. The bottom line is that the constitutional loophole and the
proxy by-law amendment is what is at the root of this absenteeism. Like I said,
it is far too easy to NOT participate and I believe the people expected more
out of their elected council members than the attendance on record for this
last year since the election.
> > Remember, it's not about "good excuses." It's about getting
the job done and doing the job in democratic manner. That's the perspective I
have on the matter.
> >
> > ---- Janette Ritter <janette_ritter@sbcglobal.net> wrote:
> > > Dear Cari,
> > > What else needs to be helped with at the gathering? I see what
you are supplying, I see what
> > > And to clarify (for the record) since you are regarding the
proxies I held as "One Family", I am one individual, not a family. I
held proxies of the Gomez, and the Rodriguez families. That is three families.
> > > And again, please let me know what I can contribute to the
gathering.
> > > Thanks,
> > > Janette
> > >
> > > JOHN C HERTHEL <jherthel@sbcglobal.net> wrote:
> > >
> > > Dear Al,
> > > We did not have a Council meeting for July.
> > > The Proxy situation has caused confusion with the respect to a
quorum and and one family holding the majority vote.
> > > Inregards to the newspaper article , I think that anyone can
make observations and opinions and submit them to the editor.
> > > It appears that a citizen has done so, Rudy submitted a comment
to the editor with a rebuttal to Mr. Hicks.
> > > Linda Yamante was involved in a festival at the Carmel Catholic
Church, she is involved in many museum displays on Rumsen history and
education. Linda Yamante is not a member of the tribe.
> > > Please discuss with other council members absenteeism and
participation so we can resolve goverment progress in a fair and democrate
procedure. I do look forward to the gathering and hope that all council members
will inform me if they plan to attend. And what that would like to contribute
to the gathering .suggestions are welcome and needed from each of you.
> > > Please each member feel free to email, your contribution to the
event.
> > >
> > > I will bring big shade structures, 2 to be used for protection
from the sun.
> > > I will bring activities for children.
> > > I will bring Donuts and coffee for the am.
> > > I will bring firewood for the 2 big fires we are having on the
beach.
> > > I will bring sage.
> > > I will bring a good attitude and an open heart.
> > >
> > > Cari Herthel
> > >
> > > ----- Original Message ----
> > > From: Alfonso Rodriguez <alfonsorod@verizonmail.com>
> > > To: Janette Ritter <janette_ritter@sbcglobal.net>;
cdiaz@perfmech.com
> > > Cc: Cari Herthel <jherthel@sbcglobal.net>;
lescobar9282@charter.net; Al Rodriguez <alfonsorod@verizonmail.com>; Pam
Tanous <cactusm@mbay.net>
> > > Sent: Thursday, July 13, 2006 11:57:41 AM
> > > Subject: Miscellaneous items...
> > >
> > > Dear Cari and Council,
> > > My apologies for missing the last meeting. I would like a review
of the meeting, please. Nothing complicated, I would just like to know what I
missed.
> > > It has recently come to my attention that there is an article
writen by a J. A. Hicks in the Herald Times news paper, which states that the
tribe wishes to open a casino. Unless it was decided, at a meeting where I was
absent, to put this information out there, then someone from the council or
involved somehow with our tribe has given out this misinformation.
> > > What is going on with Linda Marmonte, I think her name was.
Somebody is putting their foot in it again, it seems.
> > >
> > > Thanks,
> > > Alfonso Rodriguez
> > > Council Member (non-profit)
23 Non-Profit Board Performance
> > Date: Fri, 14 Jul 2006
19:49:43 -0700
> > From: Lorraine Escobar <lescobar9282@charter.net>
> > To: Alfonso Rodriguez <alfonsorod@verizonmail.com>,
> Cari Herthel <jherthel@sbcglobal.net>,
> Janette Ritter <janette_ritter@sbcglobal.net>
> > Subject: Re: Non-Profit Board Performance
> > Cc: Pam Tanous <cactusm@mbay.net>, Janette Ritter
<janette_ritter@sbcglobal.net>,
> Cari Herthel <jherthel@sbcglobal.net>
> >
> > Hello Al,
> > Let's talk about the consulting process minute, okay? I assisted with
the fund-raiser you and your brother held at the bar in Riverbank a couple of
years ago (or so). I know through his generous and vigorous effort, he managed
to get lots of goods for the accompanying yard sale and auction. As well, you
were up to your usual great effort in preparing the meals we sold. I've asked
Richard about where that money went and he informed me the funds were used to
build this BBQ pit of which you speak of. I asked him if he consulted the
council and the answer was, "No." He also pointed out that the BBQ
pit would make money for the tribe. Even though I agreed with that concept, I
told him that it would have been best to include the council in that decision.
> > It would be great to know what kind of progress the non-profit board
has been making. It was my understanding that the Non-Profit is supposed to
file for a new number but I haven't seen any results yet. Did anyone take care
of that yet?
> > A little background history here for this next point: Loretta and I
began the tribal reorganization in 1992. After running on our own funds, we
figured out that we needed more than the spare change we could actually afford
to take out of our own pockets. So, the annual gathering began about 1995 or so
(I'd have to look it up to be exact), when the council agreed to put together a
fund-raiser. I organized the first two gatherings and put lots of effort into
it with the help of volunteers - tribal and non-tribal. The raised funds went
to the tribe for the council to decide how to spend. There was no holding back
and no independent decisions made about how to spend the money. It was always a
council decision.
> > But, that has been the ONLY fund-raiser we seem to ever have. I
thought the idea of a non-profit board was to develop all kinds of
fund-raisers. It seems that there should be lots more going on besides the
once-a-year gathering after all the fuss to separate the non-profit from the
tribe.
> > In fact, from the ballot that was used to split the non-profit from
the tribe, the NP is supposed to develop a financial plan, a Standard Operating
Procedure, do taxes and accounting, grant writing, hold special events and
collect donations. Has the NP done any of those things yet? If not, why not?
> > The last I heard (and believe me, I only heard it) was that Rudy was
going to resign from the NP. I knew that Phil Greene never took his seat and,
well, I'm guessing that Steven Fernandez resigned also. So, who's left and
who's minding the store? And what is the NP doing?
> >
> >
> > ---- Alfonso Rodriguez <alfonsorod@verizonmail.com> wrote:
> > > Dear Council and Cari,
> > >
> > > I received your various emails. Thank you for responding so
quickly.
> > >
> > > I'd like to address a point about non-profit committee activity
at the
> > > gathering. I was told that the gathering was to be held in
pot-luck
> > > fashion, and so Richard and I felt no need to consider having a
BBQ,
> > > which is usually a big financial draw. I don't believe I was
present at
> > > the meeting where this was decided, and to my knowledge, Bobby
and Rudy
> > > had not been contacted about it till after it was decided. As
such, I had
> > > not planned any other money-making activities for the gathering,
even
> > > though the tribe still owes Kathy Clack money. It is late it the
planning
> > > timeline and so we will probably make no profit at the gathering
for the
> > > tribe or council.
> > >
> > > The lack of consultation of the non-profit committee puts us in
a bad
> > > position. I don't even think Richard was contacted about the
decision. I
> > > don't know what to tell you as far as fund raising goes.
> > >
> > > Al
24 Attack
> > From: "Alfonso
Rodriguez" <alfonsorod@verizonmail.com>
> > To: "Lorraine Escobar" <lescobar9282@charter.net>,
> "Cari Herthel" <jherthel@sbcglobal.net>,
> "Janette Ritter" <janette_ritter@sbcglobal.net>
> > Cc: "Pam Tanous" <cactusm@mbay.net>,
> "Janette Ritter" <janette_ritter@sbcglobal.net>,
> "Cari Herthel" <jherthel@sbcglobal.net>
> > Date: Sat, 15 Jul 2006 12:31:06 -0500
> > Subject: Re: Non-Profit Board Performance
> >
> > Dear Lorraine,
> >
> > As usual, I believe that you are overstepping your boundries.
> >
> > Firstly, the fund raiser at the Riverbank Bar was not advertised as
an
> > Esselen fund raiser, as your friend thought that having a trival
> > fundraiser at a bar promoted alcoholism within the tribe. Think about
it,
> > you were there.
> >
> > Secondly, the non-profit committee is completely at the disposal of
the
> > tribal council. The new number was discussed collectively, not simply
by
> > us NP committee members. It is not for you to ask me. We have a chair
and
> > vice chair. You must learn the proper procedures to go through for
this.
> > I won't disrespect the chai and vice chair and answer your questions
> > unless I'm told to by my superiors, the chair and vice chair. This is
why
> > you had problems before and now you are doing it again.
> >
> > No one paid for the jackets. Nor for the hats, nor for the shirts. I
did
> > this through my personal business to help the tribe, unless you want
to
> > pay for these items.
> >
> > Please go through the Chair to ask me these things. I don't need
email of
> > this kind from you.
> >
> > Al
> >
> > ----- Original Message -----
> > From: "Lorraine Escobar"
> > To: "Alfonso Rodriguez" , "Cari Herthel" ,
"Janette Ritter"
> > Subject: Re: Non-Profit Board Performance
> > Date: Fri, 14 Jul 2006 19:49:43 -0700
> >
> > Hello Al,
> >
> > Let's talk about the consulting process minute, okay? I assisted with
> > the fund-raiser you and your brother held at the bar in Riverbank a
> > couple of years ago (or so). I know through his generous and vigorous
> > effort, he managed to get lots of goods for the accompanying yard
> > sale and auction. As well, you were up to your usual great effort in
> > preparing the meals we sold. I've asked Richard about where that
> > money went and he informed me the funds were used to build this BBQ
> > pit of which you speak of. I asked him if he consulted the council
> > and the answer was, "No." He also pointed out that the BBQ
pit would
> > make money for the tribe. Even though I agreed with that concept, I
> > told him that it would have been best to include the council in that
> > decision.
> >
> > It would be great to know what kind of progress the non-profit board
> > has been making. It was my understanding that the Non-Profit is
> > supposed to file for a new number but I haven't seen any results yet.
> > Did anyone take care of that yet?
> >
> > A little background history here for this next point: Loretta and I
> > began the tribal reorganization in 1992. After running on our own
> > funds, we figured out that we needed more than the spare change we
> > could actually afford to take out of our own pockets. So, the annual
> > gathering began about 1995 or so (I'd have to look it up to be
> > exact), when the council agreed to put together a fund-raiser. I
> > organized the first two gatherings and put lots of effort into it
> > with the help of volunteers - tribal and non-tribal. The raised funds
> > went to the tribe for the council to decide how to spend. There was
> > no holding back and no independent decisions made about how to spend
> > the money. It was always a council decision.
> >
> > But, that has been the ONLY fund-raiser we seem to ever have. I
> > thought the idea of a non-profit board was to develop all kinds of
> > fund-raisers. It seems that there should be lots more going on
> > besides the once-a-year gathering after all the fuss to separate the
> > non-profit from the tribe.
> >
> > In fact, from the ballot that was used to split the non-profit from
> > the tribe, the NP is supposed to develop a financial plan, a Standard
> > Operating Procedure, do taxes and accounting, grant writing, hold
> > special events and collect donations. Has the NP done any of those
> > things yet? If not, why not?
> >
> > The last I heard (and believe me, I only heard it) was that Rudy was
> > going to resign from the NP. I knew that Phil Greene never took his
> > seat and, well, I'm guessing that Steven Fernandez resigned also. So,
> > who's left and who's minding the store? And what is the NP doing?
> >
> >
> >
> >
> > ---- Alfonso Rodriguez <alfonsorod@verizonmail.com> wrote:
> > > Dear Council and Cari,
> > >
> > > I received your various emails. Thank you for responding so
> > quickly.
> > >
> > > I'd like to address a point about non-profit committee activity
at
> > the
> > > gathering. I was told that the gathering was to be held in
pot-luck
> > > fashion, and so Richard and I felt no need to consider having a
> > BBQ,
> > > which is usually a big financial draw. I don't believe I was
> > present at
> > > the meeting where this was decided, and to my knowledge, Bobby
and
> > Rudy
> > > had not been contacted about it till after it was decided. As
such,
> > I had
> > > not planned any other money-making activities for the gathering,
> > even
> > > though the tribe still owes Kathy Clack money. It is late it the
> > planning
> > > timeline and so we will probably make no profit at the gathering
> > for the
> > > tribe or council.
> > >
> > > The lack of consultation of the non-profit committee puts us in
a
> > bad
> > > position. I don't even think Richard was contacted about the
> > decision. I
> > > don't know what to tell you as far as fund raising goes.
> > >
> > > Al
25 Non-Profit
Board Performance
> > Date: Sat, 15 Jul 2006
14:07:18 -0700
> > From: Lorraine Escobar <lescobar9282@charter.net>
> > To: Alfonso Rodriguez <alfonsorod@verizonmail.com>
> > Subject: Re: Non-Profit Board Performance
> > Cc: Pam Tanous <cactusm@mbay.net>, Cari Herthel
<jherthel@sbcglobal.net>,
> Janette Ritter <janette_ritter@sbcglobal.net>, Anthony Gomez
<cdiaz@perfmech.com>
> >
> > Al,
> > I acknowledge your hostility towards me, Al, but I am choosing not to
be offended by it. I have my opinions of you, as well, but this is neither the
time or place for such discussion. I'd rather stick to the business at hand or
cease communication all together until a more formal protocal is established
and agreed upon by all. Therefore, I ask you, politely, to please refrain from
that kind of dialogue as it is counterproductive, and to please give the
dialogue one more try.
> > As for the fundraiser at the Riverbank Bar, the money was being
raised for our tribe whether or not it was advertised. Is that not correct? Is
that not what the people were told? I heard it all day from Rich's mouth that
we were raising money for our tribe. If it was for a different purpose or under
a different cause, that would be the first time I have heard of it.
> > As for my friend, I assume you mean Louise Ramirez. She was not a
council member at the time of discussing this fundraiser and she did not make
decisions about it. If any decisions were made, it would have been the council.
And, if you remember correctly, I asked that the fundraiser be discussed
because all fundraisers need the council blessing, or at least, that is how it
was in my experience on the council. If it did not get a council blessing,
well, I guess that's how it went but it does not change the purpose for which
this fundraiser was being conducted. Truly, I don't understand why if makes a
difference what Louise would have said.
> > There is no quibble, as far as I can see, as to what the fundraiser
was for - to raise funds for the tribe. Are you telling me there was a
different purpose for it? Honestly, Al, I am just asking for clarification.
> > As for protocol in who asks who what, don't you think it is
counterproductive to limit who can ask what questions? After all, this is just
an informal dialogue. I am not asking for any formal votes but I am asking to
inform myself - both as an interim council member and a tribal member.
> > What has the NP done? We went through an awful lot of fuss to
separate the NP from the tribe and now that it has been one year, I think it is
critical that we know what progress has been made. Is it working? Is it not
working? What does it need to move foreward? These questions are not aimed at
any particular individual but aimed at evaluating how well this idea is working
or not. That's all.
> > If you think "proper procedures" have been violated in this
informal dialogue, please point me to the specific terms in our constitution or
by-laws and I'll be happy to listen to your arguement. But, from the structure
that we voted on for the NP, you are the appropriate person to ask about the
NP. The reason for a council member on the NP was to facilitate that kind of
communication. If a different protocol has been established, then it would be
important for all of us know what that is.
> > I'm glad you clarified that you have paid for the hats and jackets.
That is a matter that should be cleared up with the council. If you want
reimbursement, then it should be addressed to the council so we can see if it
can be done. So, do you want to be reimbursed for those items?
> >
> >
> > ---- Alfonso Rodriguez <alfonsorod@verizonmail.com> wrote:
> > > Dear Lorraine,
> > >
> > > As usual, I believe that you are overstepping your boundries.
> > >
> > > Firstly, the fund raiser at the Riverbank Bar was not advertised
as an
> > > Esselen fund raiser, as your friend thought that having a trival
> > > fundraiser at a bar promoted alcoholism within the tribe. Think
about it,
> > > you were there.
> > >
> > > Secondly, the non-profit committee is completely at the disposal
of the
> > > tribal council. The new number was discussed collectively, not
simply by
> > > us NP committee members. It is not for you to ask me. We have a
chair and
> > > vice chair. You must learn the proper procedures to go through
for this.
> > > I won't disrespect the chai and vice chair and answer your
questions
> > > unless I'm told to by my superiors, the chair and vice chair.
This is why
> > > you had problems before and now you are doing it again.
> > >
> > > No one paid for the jackets. Nor for the hats, nor for the
shirts. I did
> > > this through my personal business to help the tribe, unless you
want to
> > > pay for these items.
> > >
> > > Please go through the Chair to ask me these things. I don't need
email of
> > > this kind from you.
> > >
> > > Al
> > >
> > > ----- Original Message -----
> > > From: "Lorraine Escobar"
> > > To: "Alfonso Rodriguez" , "Cari Herthel" ,
"Janette Ritter"
> > > Subject: Re: Non-Profit Board Performance
> > > Date: Fri, 14 Jul 2006 19:49:43 -0700
> > >
> > > Hello Al,
> > >
> > > Let's talk about the consulting process minute, okay? I assisted
with
> > > the fund-raiser you and your brother held at the bar in
Riverbank a
> > > couple of years ago (or so). I know through his generous and
vigorous
> > > effort, he managed to get lots of goods for the accompanying
yard
> > > sale and auction. As well, you were up to your usual great
effort in
> > > preparing the meals we sold. I've asked Richard about where that
> > > money went and he informed me the funds were used to build this
BBQ
> > > pit of which you speak of. I asked him if he consulted the
council
> > > and the answer was, "No." He also pointed out that the
BBQ pit would
> > > make money for the tribe. Even though I agreed with that
concept, I
> > > told him that it would have been best to include the council in
that
> > > decision.
> > >
> > > It would be great to know what kind of progress the non-profit
board
> > > has been making. It was my understanding that the Non-Profit is
> > > supposed to file for a new number but I haven't seen any results
yet.
> > > Did anyone take care of that yet?
> > >
> > > A little background history here for this next point: Loretta
and I
> > > began the tribal reorganization in 1992. After running on our
own
> > > funds, we figured out that we needed more than the spare change
we
> > > could actually afford to take out of our own pockets. So, the
annual
> > > gathering began about 1995 or so (I'd have to look it up to be
> > > exact), when the council agreed to put together a fund-raiser. I
> > > organized the first two gatherings and put lots of effort into
it
> > > with the help of volunteers - tribal and non-tribal. The raised
funds
> > > went to the tribe for the council to decide how to spend. There
was
> > > no holding back and no independent decisions made about how to
spend
> > > the money. It was always a council decision.
> > >
> > > But, that has been the ONLY fund-raiser we seem to ever have. I
> > > thought the idea of a non-profit board was to develop all kinds
of
> > > fund-raisers. It seems that there should be lots more going on
> > > besides the once-a-year gathering after all the fuss to separate
the
> > > non-profit from the tribe.
> > >
> > > In fact, from the ballot that was used to split the non-profit
from
> > > the tribe, the NP is supposed to develop a financial plan, a
Standard
> > > Operating Procedure, do taxes and accounting, grant writing,
hold
> > > special events and collect donations. Has the NP done any of
those
> > > things yet? If not, why not?
> > >
> > > The last I heard (and believe me, I only heard it) was that Rudy
was
> > > going to resign from the NP. I knew that Phil Greene never took
his
> > > seat and, well, I'm guessing that Steven Fernandez resigned
also. So,
> > > who's left and who's minding the store? And what is the NP
doing?
> > >
> > >
> > >
> > >
> > > ---- Alfonso Rodriguez <alfonsorod@verizonmail.com> wrote:
> > > > Dear Council and Cari,
> > > >
> > > > I received your various emails. Thank you for responding so
> > > quickly.
> > > >
> > > > I'd like to address a point about non-profit committee
activity at
> > > the
> > > > gathering. I was told that the gathering was to be held in
pot-luck
> > > > fashion, and so Richard and I felt no need to consider
having a
> > > BBQ,
> > > > which is usually a big financial draw. I don't believe I
was
> > > present at
> > > > the meeting where this was decided, and to my knowledge,
Bobby and
> > > Rudy
> > > > had not been contacted about it till after it was decided.
As such,
> > > I had
> > > > not planned any other money-making activities for the
gathering,
> > > even
> > > > though the tribe still owes Kathy Clack money. It is late
it the
> > > planning
> > > > timeline and so we will probably make no profit at the
gathering
> > > for the
> > > > tribe or council.
> > > >
> > > > The lack of consultation of the non-profit committee puts
us in a
> > > bad
> > > > position. I don't even think Richard was contacted about
the
> > > decision. I
> > > > don't know what to tell you as far as fund raising goes.
> > > >
> > > > Al
26 Resignation
> > ----- Forwarded Message
----
> > From: esselennation46@aol.com
> > To: janette_ritter@sbcglobal.net; Clackk@sbcglobal.net;
straightarrow49@yahoo.com; jherthel@sbcglobal.net; ALeventh@email.sjsu.edu;
alfonsorod@verizonmail.com; cactusm@mbay.net
> > Sent: Monday, July 17, 2006 10:28:18 PM
> > Subject: Re: Fw: RESIGNATION ???????
> >
> > As to the question that has been asked to Janette Ritter, the Vice
Chair of the Ohlone/Costanoan Esselen Nation. I Rudy Rosales am still on the
non profit for the tribe and for clarification I was debating on resigning, but
have realized that at this time the tribe needs dedicated and strong people to
lead it in the right direction. So therefore I want to make it clear to the
tribal council that YES I am still on the tribal non profit and head of
Cultural Resource's.
> > I hope that this is clear enough for everyone and if it is not PLEASE
get back to me personally by phone ( 831-659-5831 ) and I will try and explain
in more detail.
> >
> > Thank you, Rudy Rosales ( OCEN )
27 Non-Profit Dialogue
> > Date: Mon, 17 Jul 2006
12:25:23 -0700 (PDT)
> > From: JOHN C HERTHEL <jherthel@sbcglobal.net>
> > Subject: Fw:
> > To: lescobar9282@charter.net
> >
> > Dear Lorraine.,
> > It was not my intent to leave you out of the email I just sent to the
council, please excuse my mistake.
> >
> > Cari Herthel
> >
> > ----- Forwarded Message ----
> > From: JOHN C HERTHEL <jherthel@sbcglobal.net>
> > To: cactusm@mbay.net; Char Diaz <cdiaz@perfmech.com>;
alfonsorod <alfonsorod@verizonmail.com>; Janette Ritter
<janette_ritter@sbcglobal.net>
> > Cc: Dorene Matthews <dorenecrmc@redshift.com>
> > Sent: Monday, July 17, 2006 12:22:58 PM
> > Subject: Fw:
> >
> > Dear All
> > According to the notes taken at the april 9 2006 meeting Janette made
a motion to for the non-profit to apply for a new non-profit number with the
attorney general, just before the motion Gloria reminded us all that Al
Rodriquez was the contact person for the non-profit and would notify the
members of the non-profit..Please review the below attached email and keep this
as an update, as we can start to understand what we need to do to clarify what
needs to get done regarding the non-profit
> >
> > Cari Herthel
> > ----- Forwarded Message ----
> > From: Robert Ritter <brit1876@yahoo.com>
> > To: JOHN C HERTHEL <jherthel@sbcglobal.net>
> > Sent: Monday, July 17, 2006 11:39:29 AM
> > Subject: Re:
> >
> > Cari,
> >
> > This response to your email expresses only my knowledge and are not
the views or feelings of any other nonprofit officers.
> >
> > To be honest with you Cari, I wasn't even sure if we had a nonprofit
till I received this email from you.
> >
> > Looking back:
> >
> > During the January 2006 council meeting it was my understanding that
the Tribal Council was to work on drafting a Strategic Plan outlining the
mission statement, goals, and funding needs of the Tribe. The contents of the
Strategic plan were to be used by the nonprofit to help reach the funding needs
of the Tribe to accomplish these specific goals, objectives, and activities.
> >
> > The email you have sent me is the only correspondence I have had with
the council since that meeting.
> >
> > Present:
> >
> > At this moment, to my knowledge, the nonprofit does not have in its
possession any of the following:
> >
> > -Articles of Incorporation
> > -Bylaws
> > -Tax Exemption determination letters
> >
> > Also, at this time, to my knowledge the nonprofit needs to elect a
President, Secretary and Treasurer, and open a checking account at an agreed
upon banking institution.
> >
> > Please forward me any of the above listed documents or any other
information the council feels I should either review or have in my possession
for the nonprofits records. I am willing to get this ball rolling but I need
more input from the council on at least a weekly basis.
> >
> > Sincerely,
> >
> > Bobby Ritter
> >
> >
> > PS. Its Bobby with a Y.
> >
> > JOHN C HERTHEL <jherthel@sbcglobal.net> wrote:
> > Hello Bobbie,
> > Would you kindly send me a email with the status of the non-profit .
> > Including the officers names, minutes, and current plan of action.
> > We have the gathering coming up August 12, and would like to update
the membership during the general meeting.
> > I have recieved calls from the membership, and would like to inform
them to any progress.
> > Thanks for your attention to this matter.
> >
> > Cari Herthel
> >
28 Resignation
> > Date: Mon, 17 Jul 2006
19:12:27 -0700 (PDT)
> > From: Janette Ritter <janette_ritter@sbcglobal.net>
> > Subject: Re: Fw: RESIGNATION
> > To: JOHN C HERTHEL <jherthel@sbcglobal.net>, cactusm@mbay.net,
> lescobar9282@charter.net, Char Diaz <cdiaz@perfmech.com>,
> Al Rodriguez <alfonsorod@verizonmail.com>, esselennation46@aol.com
> >
> > Dear Cari,
> > As to the status of the jackets and baseball caps, I have those in my
possession. I brought them with me to the July council meeting with the
intention of giving them to another council member to hold, as I do not have
room at my house.
> > I do not know that status of Rudy's resignation on the Non Profit,
but I think that we could avoid a lot of this back and forth if he was just
added to this e-mail, and asked the question directly, which I did. Why didnt
that happen before? Is there some reason he cannot be communicated with
directly, as you have with Al and Bobby? Now, that the proper communication has
been made through this e-mail, we will all await a response from Rudy himself,
not second and third hand resposes which can confuse and disprupt order.
> > Janette
> >
> > JOHN C HERTHEL <jherthel@sbcglobal.net> wrote:
> >
> > Hello Janette,
> > Please provide an update as to the email sent by Rudy Rosales, and
your Reponse sent to Me on May 23, 2006.
> > Please submit letter to the Ocen Post office box, or please inform us
if the letter has been rescinded.. Thanks for your prompt answer to clarification
issues of Non-proftit and Cultural Resourses, I hope that with clarification
perhaps we can define some plans for action concerning application of
Non-profit number.
> >
> > Cari Herthel
> >
> > ----- Forwarded Message ----
> > From: Janette Ritter <janette_ritter@sbcglobal.net>
> > To: JOHN C HERTHEL <jherthel@sbcglobal.net>
> > Sent: Tuesday, May 23, 2006 12:30:42 PM
> > Subject: Re: RESIGNATION
> >
> > I have the jackets and will submit the letter at the June 4th
meeting.
> >
> > JOHN C HERTHEL <jherthel@sbcglobal.net> wrote:
> > Rudy,
> > here is the number for Al Rodriquez
> > [deleted for confidentiality]
> > would you please provide Al Rodriquez with Robert Ritter phone
number, He does not have his phone number.
> > Thanks
> >
> > Cari Herthel
> >
> >
> > ----- Original Message ----
> > From: esselennation46@aol.com
> > To: jherthel@sbcglobal.net
> > Sent: Monday, May 22, 2006 3:49:24 AM
> > Subject: Re: RESIGNATION
> >
> > Cari, I have not received one e-mail or phone call at home or on my
cell from Doreen Matthews about anything concerning the tribe, nonprofit or for
that matter anything. If I would have received any communication from Ms
Matthew's I would have contacted her ASAP.
> > I did receive a phone call from Rich and I must have a wrong number
for him and his e-mail keeps bouncing back.
> > I'm giving my niece Janette my letter of resignation from the tribal
nonprofit and also Head of Cultural Resource's and I will also be giving her
the jackets and hats that Rich left in my care.
> >
> > Thank you, Rudy
29 Intent to withdraw Resignation
> > ----- Forwarded Message
----
> > From: esselennation46@aol.com
> > To: janette_ritter@sbcglobal.net; Clackk@sbcglobal.net; straightarrow49@yahoo.com;
jherthel@sbcglobal.net; ALeventh@email.sjsu.edu; alfonsorod@verizonmail.com;
cactusm@mbay.net
> > Sent: Monday, July 17, 2006 10:28:18 PM
> > Subject: Re: Fw: RESIGNATION ???????
> >
> > As to the question that has been asked to Janette Ritter, the Vice
Chair of the Ohlone/Costanoan Esselen Nation. I Rudy Rosales am still on the
non profit for the tribe and for clarification I was debating on resigning, but
have realized that at this time the tribe needs dedicated and strong people to
lead it in the right direction. So therefore I want to make it clear to the
tribal council that YES I am still on the tribal non profit and head of
Cultural Resource's.
> > I hope that this is clear enough for everyone and if it is not PLEASE
get back to me personally by phone ( [deleted
for confidentiality]) and I will try and explain in more detail.
> >
> > Thank you, Rudy Rosales ( OCEN )
30 Hostility
> > Date: Tue, 18 Jul 2006
01:36:29 -0700 (PDT)
> > From: JOHN C HERTHEL <jherthel@sbcglobal.net>
> > Subject: Fw: Non-Profit Board Performance
> > To: cactusm@mbay.net, lescobar9282@charter.net
> >
> > FYI
> > Al must be confused
> >
> > Cari Herthel
> >
> > ----- Forwarded Message ----
> > From: Alfonso Rodriguez <alfonsorod@verizonmail.com>
> > To: JOHN C HERTHEL <jherthel@sbcglobal.net>; Janette Ritter
<janette_ritter@sbcglobal.net>
> > Sent: Monday, July 17, 2006 6:40:50 PM
> > Subject: Re: Non-Profit Board Performance
> >
> > Dear Cari and Janette,
> > I have not recieved any NP numbers required by law.
> > This number is to show the status of the NP for tax purposes. It was
not clear what number to use: the old one or new one. This, I thought, was
supposed to be voted on by the council, not simply decided by the NP.
> >
> > When I have clarification on what number and authorization by the
council in writing, I can go forward. I cannot myself present anything to
anyone without this. It is possible to go to the Friday night Farmer's Market
in
> > the NP. According to rudy's email, he is no longer on the NP, and
cultural resources. This was already announced by him,. If anyone is not
satisfied with this email, and would like to have him submit a formal letter of
resignation, please bring it up before the council, or a telephone vote of some
kind. Although Rudy has resigned from, his duties, he is still a member, of
course, and has still given me contacts in the
> > chair and vice chair, the two higher authorities of my position to
pass on tot he council at your own disposal. The coincil cannot verbally give
permission to the NP to raise money for the tribe without proper authority.
> > This non-confidential. This is information. I will not jeopardize my
business to help the Esselen nation and have someone come back on me and accuse
me of wrongdoing. This is legal and the proper way to do things.
> >
> > Thank you,
> > Al
> >
> > ----- Original Message -----
> > From: "JOHN C HERTHEL"
> > To: "Alfonso Rodriguez" , "Lorraine Escobar" ,
"Janette Ritter"
> > Subject: Re: Non-Profit Board Performance
> > Date: Sat, 15 Jul 2006 17:47:55 -0700 (PDT)
> >
> > Dear Al and Council
> > Many questions about the status of the Non-profit, I sent an email
showing that it is unclear to the Resignation of Rudy Rosales, as I have not
received any confirmation letter. Due to not having a report given to the
Council , I am asking that Al contact the members of the Non-profit Asap, so
that we can share at our general meeting august 12. an accurate assessment.. I
understand that it appears that the questions are getting confusing as to the
nature of the intent. I would like clarification , as soon as you can Al,
perhaps by August 1, 2006.
> > Officer's names and contact information
> > Non-profit number status
> > meeting minutes
> > update of intent,
> > Thank-you
> >
> > Cari Herthel
> >
> > ----- Original Message ----
> > From: Alfonso Rodriguez <alfonsorod@verizonmail.com>
> > To: Lorraine Escobar <lescobar9282@charter.net>; Cari Herthel
<jherthel@sbcglobal.net>; Janette Ritter <janette_ritter@sbcglobal.net>
> > Cc: Pam Tanous <cactusm@mbay.net>; Janette Ritter
<janette_ritter@sbcglobal.net>; Cari Herthel
<jherthel@sbcglobal.net>
> > Sent: Saturday, July 15, 2006 10:31:06 AM
> > Subject: Re: Non-Profit Board Performance
> >
> > Dear Lorraine,
> > As usual, I believe that you are overstepping your boundries.
> > Firstly, the fund raiser at the Riverbank Bar was not advertised as
an Esselen fund raiser, as your friend thought that having a trival fundraiser
at a bar promoted alcoholism within the tribe. Think about it, you were there.
> > Secondly, the non-profit committee is completely at the disposal of
the tribal council. The new number was discussed collectively, not simply by us
NP committee members. It is not for you to ask me. We have a chair and vice
chair. You must learn the proper procedures to go through for this. I won't
disrespect the chai and vice chair and answer your questions unless I'm told to
by my superiors, the chair and vice chair. This is why you had problems before
and now you are doing it again.
> > No one paid for the jackets. Nor for the hats, nor for the shirts. I
did this through my personal business to help the tribe, unless you want to pay
for these items.
> > Please go through the Chair to ask me these things. I don't need
email of this kind from you.
> > Al
> >
> > ----- Original Message -----
> > From: "Lorraine Escobar"
> > To: "Alfonso Rodriguez" , "Cari Herthel" ,
"Janette Ritter"
> > Subject: Re: Non-Profit Board Performance
> > Date: Fri, 14 Jul 2006 19:49:43 -0700
> >
> > Hello Al,
> > Let's talk about the consulting process minute, okay? I assisted with
the fund-raiser you and your brother held at the bar in Riverbank a couple of
years ago (or so). I know through his generous and vigorous effort, he managed
to get lots of goods for the accompanying yard sale and auction. As well, you
were up to your usual great effort in preparing the meals we sold. I've asked
Richard about where that money went and he informed me the funds were used to
build this BBQ pit of which you speak of. I asked him if he consulted the
council and the answer was, "No." He also pointed out that the BBQ
pit would make money for the tribe. Even though I agreed with that concept, I
told him that it would have been best to include the council in that decision.
> > It would be great to know what kind of progress the non-profit board
has been making. It was my understanding that the Non-Profit is supposed to
file for a new number but I haven't seen any results yet. Did anyone take care
of that yet?
> > A little background history here for this next point: Loretta and I
began the tribal reorganization in 1992. After running on our own funds, we
figured out that we needed more than the spare change we could actually afford
to take out of our own pockets. So, the annual gathering began about 1995 or so
(I'd have to look it up to be exact), when the council agreed to put together a
fund-raiser. I organized the first two gatherings and put lots of effort into
it with the help of volunteers - tribal and non-tribal. The raised funds went
to the tribe for the council to decide how to spend. There was no holding back
and no independent decisions made about how to spend the money. It was always a
council decision.
> > But, that has been the ONLY fund-raiser we seem to ever have. I
thought the idea of a non-profit board was to develop all kinds of
fund-raisers. It seems that there should be lots more going on besides the
once-a-year gathering after all the fuss to separate the non-profit from the tribe.
> > In fact, from the ballot that was used to split the non-profit from
the tribe, the NP is supposed to develop a financial plan, a Standard Operating
Procedure, do taxes and accounting, grant writing, hold special events and
collect donations. Has the NP done any of those things yet? If not, why not?
> > The last I heard (and believe me, I only heard it) was that Rudy was
going to resign from the NP. I knew that Phil Greene never took his seat and,
well, I'm guessing that Steven Fernandez resigned also. So, who's left and
who's minding the store? And what is the NP doing?
> >
> >
> > ---- Alfonso Rodriguez <alfonsorod@verizonmail.com> wrote:
> > > Dear Council and Cari,
> > >
> > > I received your various emails. Thank you for responding so quickly.
> > >
> > > I'd like to address a point about non-profit committee activity
at the
> > > gathering. I was told that the gathering was to be held in
pot-luck
> > > fashion, and so Richard and I felt no need to consider having a
BBQ,
> > > which is usually a big financial draw. I don't believe I was
present at
> > > the meeting where this was decided, and to my knowledge, Bobby
and Rudy
> > > had not been contacted about it till after it was decided. As
such, I had
> > > not planned any other money-making activities for the gathering,
even
> > > though the tribe still owes Kathy Clack money. It is late it the
planning
> > > timeline and so we will probably make no profit at the gathering
for the
> > > tribe or council.
> > >
> > > The lack of consultation of the non-profit committee puts us in
a bad
> > > position. I don't even think Richard was contacted about the
decision. I
> > > don't know what to tell you as far as fund raising goes.
> > >
> > > Al
31 Council Leave of Absence
>
[Note: Anthony Gomez did not make it to the August gathering]
>
> > Date: Mon, 31 Jul 2006 06:46:27 -0700 (PDT)
> > From: JOHN C HERTHEL <jherthel@sbcglobal.net>
> > Subject: Fw: Leave of Absence
> > To: lescobar9282@charter.net
> >
> > Cari Herthel
> >
> > ----- Forwarded Message ----
> > From: Char Diaz <cdiaz@perfmech.com>
> > To: JOHN C HERTHEL <jherthel@sbcglobal.net>
> > Cc: ALFONSO RODRIGUEZ <alfonsorod@verizonmail.com>;
cactusm@mbay.net; JANETTE RITTER <gardengraces@sbcglobal.net>
> > Sent: Friday, July 28, 2006 3:37:22 PM
> > Subject: RE: Leave of Absence
> >
> > Cari,
> >
> > Per your letter keep me on a four month leave of absence. If possible
I will make the trip out to attend the GATHERING. I will talk to you then.
> >
> > See you soon. I have sent you a copy of your letter.
> >
> > Anthony
> >
> > If we do not receive clarification from you by August 1, 2006, we
have no other option but to presume that your four month leave of absence
remains as it is now established. Otherwise, we will expect to see you back at the
council in September
> >
> > Char Diaz
>
> -----Original Message-----
> > From: JOHN C HERTHEL [mailto:jherthel@sbcglobal.net]
> > Sent: Sunday, July 09, 2006 2:17 PM
> > To: Al Rodriguez; cactusm@mbay.net; cactusm@mbay.net; Janette Ritter;
lescobar9282@charter.net; lescobar9282@charter.net; Char Diaz
> > Subject: Fw: Leave of Absence
> >
> > For your record
> >
> > Cari Herthel
> >
> > ----- Forwarded Message ----
> > From: JOHN C HERTHEL <jherthel@sbcglobal.net>
> > To: Char Diaz <cdiaz@perfmech.com>
> > Sent: Sunday, July 9, 2006 2:12:53 PM
> > Subject: Leave of Absence
> > Dear Anthony,
> >
> > I have attached a letter to this e-mail. Please read it and respond.
> >
> > Cari Herthel
32 Resignation
>
> > ----- Forwarded Message ----
> > > From: JOHN C HERTHEL <jherthel@sbcglobal.net>
> > > To: Janette Ritter <janette_ritter@sbcglobal.net>;
cdiaz@perfmech.com; Kathy Clack <clackk@sbcglobal.net>;
lescobar9282@charter.net; Dorene Mathews <dorenecrmc@redshift.com>; Al
Rodriguez <alfonsorod@verizonmail.com>; Pam Tanous
<cactusm@mbay.net>
> > > Cc: Robert Ritter <brit1876@yahoo.com>;
esselennation46@aol.com
> > > Sent: Monday, August 7, 2006 1:07:52 PM
> > > Subject: Re: Fwd: Message from Chairperson
> > >
> > > Dear All
> > > The Tribal Post Offfice mail and key have been turned over to
the mediation center,
> > > I will forward all incoming phone messages to the Vice Chair,
and will forward all incoming email to the Vice Chair as well.
> > >
> > > Cari Herthel
> > >
> > > ----- Original Message ----
> > > From: Janette Ritter <janette_ritter@sbcglobal.net>
> > > To: cdiaz@perfmech.com; Kathy Clack
<clackk@sbcglobal.net>; lescobar9282@charter.net; Dorene Mathews
<dorenecrmc@redshift.com>; Al Rodriguez
<alfonsorod@verizonmail.com>; Pam Tanous <cactusm@mbay.net>
> > > Cc: Cari Herthel <jherthel@sbcglobal.net>; Robert Ritter
<brit1876@yahoo.com>; esselennation46@aol.com
> > > Sent: Monday, August 7, 2006 12:53:16 PM
> > > Subject: Fwd: Message from Chairperson
> > >
> > > Dear Council, Non Profit and Others,
> > > I just received this message from Chairperson, Cari Herthel.
> > > Janette
> > >
> > > JOHN C HERTHEL <jherthel@sbcglobal.net> wrote:
> > > Date: Mon, 7 Aug 2006 08:17:50 -0700 (PDT)
> > > From: JOHN C HERTHEL <jherthel@sbcglobal.net>
> > > Subject:
> > > To: Janette Ritter <janette_ritter@sbcglobal.net>
> > >
> > > Dear Vice Chair,
> > > Please inform the government and membership as of this date in
2006, that I resign as Chair of O.C.E.N
> > > I am not longer able to conduct business that I was elected to
due as a result of absenteeism and participation.
> > > The last meeting of the Nation with the majority of the Council
present to due bussiness and participate fully in tribal goverment was april
2006. With due respect , I have found this situation to undermine the
foundation of the Nation.
> > > I will attend the gathering and participate with tribal members
on a vision that I still hold so dear to my heart.
> > >
> > > Cari Herthel
33 Resignation
>
> Date: Tue, 08 Aug 2006 12:38:35 -0700
> > Subject: Re: Administration
> > To: "Janette Ritter" <janette_ritter@sbcglobal.net>,
lescobar9282@charter.net,
> aleventh@email.sjsu.edu
> > From: "Susan Morley" <Susan_Morley@csumb.edu>
> >
> > Dear Vice Chair,
> >
> > Please inform the tribal council that I am resigning my work as
tribal administrator, tribal archaeologist, and tribal liaison effective
immediately.
> >
> > Respectfully,
> >
> > Susan Morley, M.A., R.P.A
> > Instructor in the Social and Behavioral Sciences
> > Division of Social, Behavioral, and Global Studies
> >
> > 100
> >
> >
> > "and justice for all."
> >
34 Resignation