- The Rundown
April 27th Bad River Housing Hearing
Meeting called to order. All seven Council Members present.
Moment Of Silence.
After a brief moment of silence Chairman Wiggins offered a brief recap of the events which led
up to the Special Meeting. Retouched on issues brought before Council; Procurement
Procedures, Personnel Issues, etc. There is a request to Council on the table in regard to
removal of the Housing Board.
At the advisement of our Tribal Attorney, it was indicated that there is a current Policy in the
Housing Board’s By-Laws which gave the Housing Board at least 10 days to respond after
written notice is made available. At the last Meeting it was found that asking an immediate
response from the Housing Board would have been unfair as they were just made aware of the
allegations at that time. It was also found the Housing Board’s Policies & By-Laws do provide
the framework in dealing with the removal of an individual, but not the entire Board. However,
this Procedure will be utilized as the framework for this process (hearing) and Council action. It
was further indicated that in addition to the ten day timeframe for an official response, the
Housing Board does retain the right to seek Legal Counsel (at their expense) and the right to
call witnesses.
Chairman Wiggins stated the outcome we are looking for from this, is to give the Council the
opportunity to collect and gather as much information as possible from this to make a
determination.
Chairman noted there isn’t a lot of information and things in writing in regard to how things
should proceed, so this is something the Council and Housing Board should take note of and
work together to resolve.
Chairman called for the Hearing to proceed.
It was the advisement of Tribal Attorney, Erick Arnold, the three ex-employees of the Bad River
Housing Authority sign a consent of information waiver which was drafted by our Tribal Legal
Department.
The three ex-employees declined signing consent waiver.
Chairman stated a large portion of the ex-employees complaints centered around their
personnel issues which had been presented in written form at the previous open meeting.
The ex-employees again declined to sign the consent of information.
Chairman continued the Hearing with as much as the Board response would allow, but did
reserve the right to go into Executive Session.
Housing Board’s Legal Representative (LaCount) addressed the four issues mentioned in the
complainant’s letter and the surrounding allegations of mishandling in regard to Procurement
Protocol.
1.) Architectural Resources Incorporated (ARI) contract - The Housing Authority received $2
million (ARA)Grant for the rehab of the Bad River Nation’s housing (18 units). The Housing
Authority is authorized by law to follow the Federal Guidelines in regard to Procurement of bids
(43CFR-1276). The contract was awarded to ARI without RFP due to time constraints and
because it was the belief ARI could meet the contract requirements in the required timeframe.
Because this was such a huge contract and due to time constraints, Housing Board Chair
contacted Kevin Fitzgibbons (HUD E/WONAP, Chicago). Mr. Fitzgibbons stated to the Housing
Chair, he would work with the Bad River Housing and in this situation RFP didn’t necessarily
prohibit this process and the awarding of the ARI Contract would not be a violation of law. The
Federal Regulation does allow the Housing Authority to use there discretion in certain
instances involving time constraints that doesn’t cause detriment to the Community.
Furthermore, there weren’t any Native American architectural firms that were affected by the
Housing Board’s decision.
2.) General Contract (Donald Moore’s Fire Unit) - Board Representative stated this Contract
involved a housing unit which suffered three separate fires within a short time span of each
other. It was determined by the contractor the root of the cause was inadequate wiring by fans
previously installed. It was alleged one of the Board members was related to the Chippewa
Contractor (sub-contractor) who did a final punch-list of the project. When actually another
individual (F.L.) did the final punch list for the contract to be paid out. This was an extra
expenditure ($1,200) that nobody was aware of until the fans were removed and the wire was
exposed.
3.) Housing Storage Shed Contract - Bid packet called for the construction of a metal storage
shed with a concrete slab 28ft x 72ft. Cedar Brook Construction was awarded the bid as their
proposal came in at $37,840. CBC issued a response to the RFP dated 12/14/2009. The RFP
did not specify any ground thawing. In the response contained notation which stated if the
ground needed to be thawed there would be an additional charge on top of the bid. Because it
was during the winter months, indeed the ground had to be thawed and an additional $9,600
was charged.
The ex-employee’s argument is the $9,600 expenditure wasn’t bid under the procurement
policy and the other bidders weren’t given the opportunity to bid on the ground thawing.
The Board’s stance is their loyalties lie with the best interest of the Bad River Nation and not
with the Contractor’s. Even with the $9,600 expenditure, Cedar Brook Construction still was far
and near the lowest bid and it would have been asinine and in all probability more costly to halt
construction and re-bid the ground thawing when there was already a Contractor on site.
Question raised as to why the need to construct the storage shed. Housing Rep. Stated it was
a cash revenue producing entity for the Tribe. The shed would be used for tenants of Housing
Program in transition (relocating). This would create revenue for our Tribe. Housing did look
into renting space in town and the cost far outweighed the cost for the storage shed.
In closing on this Hearing issue, it was determined, then Housing Director, Mr. Houle did exceed
and overexert his authority.
4) Repaving of Frank’s Field Housing Maintenance Garage - It was Ex-Employee’s argument
that RFP Procurement Policy was not followed with this contract. It was Housing’s stance that
Housing did procure three bids and executed a poll vote to proceed with chosen Contractor.
The poll vote was on Oct. 2 and the bids were accepted on August 22. The question was; if the
paving was being executed before the poll vote was taken. It was mentioned the chosen
Contractor was already on site executing another contract for Roads Dept. Furthermore there
was a clause in the funding which allowed Housing to use their best judgment as long as it is in
the best interest of the Nation.
The Chairman did state their were a couple anomalies within the allegations and responses.
There was some concern raised as to the lack of a poll vote policy in regard to Housing.
It was stated that poll votes do get ratified, however.
Tribal Attorney initiated discussion on RFP training for Housing.
Tribal Chairman Wiggins looked to close Housing Board Rebuttal.
In closing the Housing Rep summarized the Housing Board’s rebuttal and professed the Board’
s dedication in duties to the Bad River Nation. Housing Rep. Also called for better
communication between the Housing Board and the Tribal Council, as there are several
communication issues which needed to be addressed and remedied.
Again Chairman Wiggins asked Ex-Employees if they would be willing to sign waiver of consent
so Council could review the Personnel issues in Executive Session..
The Ex-Employees again declined. They did however argue there was nothing that couldn’t be
discussed in Open Session as some of their concerns were generic question’s not in depth
involving Personnel. Points of concern were; Wage increases for Housing and also Job
Descriptions. Chairman Wiggins stated the wage increases were within the scope of the
Housing Board’s authority and Job Descriptions is something that the Housing Board can be
asked of directly.
The Tribal Council moved to Executive Session to digest and discuss the Hearing information
so they may make a determination. Will reconvene in Open Session once a decision has been
made.
Tribal Council reconvened in Open Session.
It was the decision of the Council, the request for removal of the Housing Board is denied.
However the Council would like to make some directive on several key points. These points are
as follows;
1) To define the roles of the Tribal Council Liaison and to utilize the Tribal Council Liaison.
2) The establishment of a Personnel Appeals Board.
3) Provide training for each employee, Board Member, and Tribal Council in regard to
Procurement Procedures.
4) Annual review or update of Personnel Policies and Procedures.
5) Submit monthly reports to the Executive Director.
6) Quarterly review of projects and issues with the Tribal Council.
7) Flagging Procurement for review.
8) Thorough review of Housing Board’s Policies and Procedures and determine if its currently
fitting the needs of the Tribal Council.
Motion to close the Hearing made and passed.
