The Waccamaw site has an account of the split quite different from Hatcher's.
(Click ticker tape to read this. I'm posting the most relevant parts. Bolding is mine.)
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http://www.waccamaw.us/FRAME_HOME.htmPlease Note: This synopsis is an attempt for the tribal government of the Waccamaw Indian People to bring you the truth about the turmoil that still plagues our tribe. We are well aware that individuals in the tribe and far beyond have been victimized by repeated assaults on the truth, misleading tribal members and other interested individuals. So that you may see proof of what you will read, the statements herein are backed up by documents for clarification and verification whenever possible. Legal matters will also be updated. However, this effort is a work in progress. Many additional documents will be added as they become available (*note asterisks). Please check back from time to time to read these updates....
SYNOPSIS
In 2006 Harold “Buster” Hatcher stated in a Waccamaw Indian People tribal newsletter that he no longer wished to be chief and he would not be running in the October 2006 election. Per the Waccamaw Indian People Constitution and By-Laws [then click on Executive Branch], elections for chief are held every four years in October.
Hartland “Tubby” West won the tribal election in 2006, and the seat will not be open for election until October 2010. Chief West was sworn in at the annual Pow Wow the first weekend in November, 2006. In April of 2007 Chief West resigned his position and from the tribe. The Waccamaw Indian People Constitution and By-Laws states that, in the event a chief leaves office prior to the end of his/her term, the first appointed Second Chief [then click on Filling a Vacancy}will assume the office and serve the remainder of the term. The first appointed Second Chief to Chief West was James Webb. He was sworn into office as the Tribal Chief in April of 2007.
The Turmoil Begins
Sandy Cox was chosen as Pow Wow Director for the November 2007 Pow Wow. She asked for input from the committee when scheduling meetings. She carried the budget request to the Tribal Council. The Pow Wow budget was set at a little over $18,000.00, and unless the budget went over, no other vote was required from Council*. Expenditures were discussed in committee and the Director had discretionary spending powers. Ms Cox took three major expenditures to Tribal Council, however. She asked that Council approve the purchase of several tents that could be used year round, not just for the Pow Wow, a large towable pig cooker that could also be used year round to raise funds or for gatherings, and for a fish fryer, which also could be used for fund raising and gatherings. Council approved the expenditures unanimously as Tribal expenditures, removing them from the Pow Wow budget. The 2007 Pow Wow was the largest ever held by the Waccamaw Indian People*.
The Turmoil Escalates
Due to grant funds not being received until the end of January and to the fact that bills for lodging, advertising, etc, generally come in over the next two months after the Pow Wow, the Pow Wow report had not been being given until the February open meeting*. Mr. Hatcher was “demanding” . the report at the open meeting the first Friday in December. Cox refused to give him any information, not because she did not want anyone to have the information; but because of the demand rather than a request and because all information was not available.
Mr. Hatcher then accused Ms Cox of hiding expenses, misappropriating funds, making arbitrary decisions as to meetings, not holding committee meetings, and various other acts. At least two persons contacted Mr. Hatcher with information that meetings had been scheduled by agreement, votes had been taken, minutes had been kept and all expenditures were noted. Mr. Hatcher did not accept either statement and in January “demanded” an investigation into the Pow Wow. Per the Waccamaw Indian People Constitution and By-Laws, investigations [then click on Legislative Branch] are conducted by Tribal Council. Mr. Hatcher included the Chief of Council in his call for an investigation and also included Chief James Webb. Chief Webb, Chief of Council Joe Dozier, and Council Member/Pow Wow Director Sandy Cox, all immediately reclused themselves from the investigation*.
The Investigations Begin
Tribal Council investigations [then click on Legislative Branch] are lead by the Chief of Council. Since the Chief of Council had reclused herself, the assistant Chief of Council stepped in to the lead on the investigation. Mr. Hatcher objected to this and “demanded” that the tribal constable, Ronnie Floyd, run the investigation. The three accused and some others objected to Mr. Floyd, because The Constitution defines who conducts investigations. He was not even legitimately the tribal constable. His appointment had been made by Mr. Hatcher and he was sworn in as constable by Mr. Hatcher. Afterward Mr. Hatcher ceased to be Chief*. Even if he had been constable, appointments are vacated with the office, so when Mr. Hatcher ceased to be Chief, anyone he appointed, other than Elders or Judges, were no longer in office. Mr. Floyd was also on record as saying that “right or wrong,” he would support Buster Hatcher.
Since two members of Council had reclused themselves from the investigation, the Council was in effect not fully seated. Assistant Chief of Council, Kui Clearwater, asked that Ronnie Floyd, Second Chief Phil White, Elder Jerry Vann and Chief of Elders Pete Bryant join the investigation. Ronnie Floyd and Phil White refused *. Ms Clearwater then requested that past Council Member, Charlie Dew, take part. The three persons who had reclused themselves did not take part in the investigation unless asked to identify an item that was unclear. They did not attend the investigation meetings, nor did they prepare any reports. When Mr. Hatcher could not name the people he wanted to do the investigation, he included Ms Clearwater in his accusations.
At the end of the January 2008 meeting, Mr. Hatcher handed Ms Cox and Chief Webb documents calling them to appear before the Tribal Judge on a Sam’s Club issue. This issue had been investigated by the Tribal Council in October of 2007*. There had been a unanimous vote that there had been no wrong doing on anyone’s part and it was a non-issue. Each member of Tribal government and each Tribal member takes an oath that they will abide by a majority decision of Tribal Council. Immediately after the Sam’s Club investigation and vote, Mr. Hatcher’s sister, Iris Ewing, who was also a Second Chief, stated she would not let it go and did not accept the decision. This was a violation of her Oath of Office and her Tribal oath.
Procedure for Filing Charges Given
Judge Bernard Hamilton had issued a directive on the proper, and only, procedure for filing a case in Tribal Court. Once a document had been drawn up making charges, it is to be given to the Second Chief Judicial. That was Phil White. He in turn is to give it to the Chief of Elders. That is Pete Bryant. Chief of Elders Bryant is to read it and determine if it is complete and ready to be filed. It is to be accompanied by a filing fee of $50 and cannot go further until the fee is received. Once the fee is paid, the Chief of Elders forwards the charges to the Tribal Judge. The Judge then has the papers served on the defendants. Mr. Hatcher bypassed Second Chief White, Chief of Elders Bryant, and the paying of the fees. He served the papers directly on Ms Cox and Chief Webb prior to paying the fees and without proper procedure. The Judge should have thrown it all out at that time; but he did not.*
After the fees were paid, Chief Webb filed through proper channels for a Summary Judgment. Since the entire Tribal Council had already investigated and voted, the filing of the charges was improper by Tribal rule. He also filed for a speedy trial. Both were ignored and no response given* for months.
Harassments and Disrespect
Disturbances during Tribal Council meetings became severe. A hearing was requested before the Elders. It was scheduled for May 31, 2008. Charges were filed by members against Judge Bernie Hamilton for failure to hold court (no other cases were pending), yet he found time to go to a Pow Wow and interact for long periods of time with Mr. Hatcher and Susan Hayes. This showed blatant partiality. He had also failed to respond to two filed requests, one for a Summary Judgment and one for a speedy trial. Other charges against other persons were also filed by both Mr. Hatcher and his supporters and against them*.
Elders Hold Hearings to Maintain Order and Tribal Integrity
The First Hearing
Pending the hearing and its outcome, the Elders issued an order that no one with charges against them could act in his/her official capacity. They also directed that a gag order was in place and no meetings were to be held until they rendered a decision. Hamilton himself acknowledged the orders.
On the day of hearing, two persons with charges against them failed to appear. This showed a marked disregard for the Elders and the Constitution of our Tribe. Everyone had been served via certified letter, return receipt requested*.
During the first part of the hearing, Ronnie Floyd stated that he needed to testify first because he had to go to work. He is a game warden. He did not go to work. He went to the Horry County Museum to represent Mr. Hatcher in doing a presentation*.
Susan Hayes was next because she stated she had made arrangements to go out of town, and she was leaving whether they talked to her or not. Through a closed door, she could be heard yelling at the Elders. This was gross disrespect. Susan Hayes walked out and Buster Hatcher took her place to testify for her. This is a breach of conduct. No court in the land allows a person to testify in another person’s place. Again, Mr. Hatcher’s raised voice could be heard through the closed door.
Hatcher Presents Petition
Mr. Hatcher presented a sealed envelope to the Chief of Elders making him promise not to open it for fear of “retaliation” by Chief Webb. He said it contained a petition with enough signatures calling for the removal of Chief Webb, Sandy Cox, Joe Dozier and Kui Clearwater. He said it was a “done deal” and those named above were out*.
The Constitution and By-Laws of the Waccamaw Indian People does provide for petition. If a petition is signed by at least 30% of the voting members of the Tribe, it is to be turned over to the Chief for verification. Once verified, it is turned over to the Elders. The Elders then call a referendum [then click on Referendum]. The only thing on the referendum is one question: “Do you accept the petition or deny it?” Once the referendum is held, at least 40% of the eligible voting members MUST vote in order for the referendum to carry. If 40% or more vote, the majority decides the referendum.
Elders Attempts to Verify Hatcher’s Petition
The Elders attempted to verify the petition. One woman mailed a copy of the petition to the Chief of Council. The petition stated that “Fact”…”Fact”…”Fact”…and related a long line of offences alleged by Chief Hatcher as though the instances were proven and undisputed. A member stated that the petition had been mailed to her minor son. She was furious. Another woman emailed the Chief of Council stating that someone had called to verify her signature. She had not signed it and stated that she intended to pursue legal recourse. There were letters mailed to every name on the petition. Eight were returned * “addressee unknown.” Telephone calls to several reached “disconnected” or “not in service” numbers. Not one signature was notarized, nor was ID given*. The Elders concluded that since none of the “facts” were proven to be facts and had been proven to be untrue, since the signatures could not adequately be verified, and since questions had arisen as to the authenticity of the petition, the petition was null and void [Scroll down to page 2].
Back to the Meeting
While waiting outside of the meeting room, John Windburn made several threatening remarks against the Elders. With a clenched fist he stated, “Let me in there and I’ll bust their heads!” This was a threat against five of the oldest and wisest members of our Tribe. It flew in the face of Tradition*.
Joe Dozier, Kui Clearwater, and James Webb were called into the room to give statements. Mr. Hatcher shouted over everyone and would not allow anyone else to talk. He kept waving a small, folded booklet. He referred to it saying it was a “done deal.” He then attempted to quote from it, but he was told to identity it. It was The Rules and Regulations of the South Carolina General Assembly. He was using it in place of the Waccamaw Indian People Constitution and By-Laws.
One of the Elders had to leave and had to be driven by another. They left proxies with Elder Willie Ree Rogers and Elder Pete Bryant. When they (the two who had to leave) rose to leave, Mr. Hatcher said, “Let’s just adjourn the meeting. Meeting adjourned!” He then smacked the table with both hands, clapped his hands together and walked out. He and his followers then left the building. The meeting could not be adjourned by Mr. Hatcher. It was an Elder’s meeting and only the Elders could close it. It continued without him.
The meeting room had to be vacated before the Elders completed their hearing, and so they adjourned the meeting with an understanding that they would conclude their hearings at a date to be determined.
The Elders Second Meeting
The Elders met at Lake Waccamaw on July 9, 2008, and continued to look over documents and emails concerning all the accusations. They met until the facility closed*. They did not want to leave the issue unsettled any longer, and so they asked if another facility might be open nearby. It was after 5 pm. The closest location was Chief Webb’s home. The Elders asked if the meeting could be moved there but advised Chief Webb he could not be part of the meeting.
The Elders continued their meeting at Chief Webb’s home with Chief Webb outside. The Elders met until 3 am the morning of July 10th. Tribal Judge Winnie Lloyd acted as facilitator at all of the hearings and agreed to type up their findings. Findings were then mailed by certified mail, return receipt requested*. Chief of Council Dozier was asked to prepare a letter for all Tribal members letting them know the outcome*.
The Elders heard numerous charges against numerous members and decided whether those persons did or did not commit the offenses.
NO ONE was punished in any way for any offense. No action was taken on any charges filed on any person for any reason*.
The Elders discussed several things not charged by any member. Although a gag order had been issued, numerous persons had violated the order. Mr. Hatcher, Ms Hayes, Ms Ewing, and others were noted with violating the Elders’ order*. The Elders had also ordered that no one with charges could act in his/her official capacity (see page 2) until after the Elders had held their hearing and issued their findings.
Hamilton Illegally Holds Court
Bernard Hamilton had held Tribal court on the case filed by Mr. Hatcher without properly notifying the defendants. There were two defendants (Chief Webb and Ms Cox) and only one charge. Three persons were found guilty: Ms Cox, Chief Webb, and Chief of Council Dozier, who had no charges filed against her in tribal court. Judge Hamilton then ordered their resignations, although he lacked the authority*. The Constitution and By –Laws plainly states that only the Elders can hear issues of Tribal Government. The Tribal Judge hears one person against another person only [then click on Judicial Branch, page 6, item 5]. The Elders had also called a stay on all meetings. Mr. Hatcher had appointed his own Council, named his girlfriend/wife, Ms Susan Hayes as “acting chief” and had been holding meetings at his home. He had asked Chief of Elders Bryant to attend his “council meetings.” Elder Bryant declined.
Removal of Persons from the Waccamaw Indian People
The Elders determined that Mr. Hatcher had established a government, was holding meetings, was using a document other than the official Waccamaw Indian People Constitution and planning elections. In the Elders’ opinion this constituted forming a new tribe. Per the Constitution and By-Laws, persons found to be members of two tribes [then click on Members, page 2, item 6] loose their membership in the Waccamaw Indian People. Therefore, fourteen people were removed* from the tribe due to being in two tribes at the same time and were so notified*. Forcible Take-Over Attempts
Mr. Hatcher then began a forcible takeover by having the locks changed on the Tribal Office. When the locks were replaced, he again had them changed. They were again replaced by Chief Webb. Then Susan Hayes placed a notice on the tribal office door stating that Chief James Webb, Sandy Cox, Joe Dozier and Kui Clearwater were barred from the grounds. When Chief Webb and Kui Clearwater saw the locks had yet again been changed and saw the notice, they called the police*.... Outcome of the Trespassing Charges
The criminal trespass case has been before a judge. All four that were charged, James Webb, Joe Dozier, Sandy Cox, and Kui Clearwater were there. No one from Mr. Hatcher’s group was there. The bailiff went through the building calling for Iris Ewing. The judge could have postponed or rescheduled the trial but decided not to do so. He saw documents proving who the rightful leaders were.
The charges were dismissed and the arrest was ordered to be expunged. The judge refused to prosecute stating the charges were “… the vindictive act of someone who did not want to give up power…” Statements have been made by Mr. Hatcher that the case is being appealed. A criminal case can be appealed only by the defendant. It would be double jeopardy for it to be appealed by the prosecution. The web link Mr. Hatcher refers to in his missives takes the reader to the original filing of charges and to the original transfer to a jury trial. This is proven by the date on each document link. Both are prior to the court date where the charges were dismissed*. A search of the Public Index under the defendants names show the more recent court date and that the charges were dismissed.
Hatcher’s Further Take-Over Attempts
Mr. Hatcher continues to place himself in the limelight and push for publicity. He has gone outside of SC to perform “traditional weddings.” He is attempting to sign contracts*, in spite of a law suit being filed. Until this suit is settled before a Judge, neither he nor Chief Webb can sign a valid contract.
To Date:
Mr. Hatcher has attempted to take over the Tribal Charter – attorneys for the State of SC Secretary of State have found that he cannot. Joe Dozier is listed as the Registered Agent for the non-profit and Chief Webb for the Charity*. Mr. Hatcher’s group has attempted to take over the Post Office Box – the Consumer Affairs and the branch of the FBI that handles the Post Office has determined that Chief Webb is the official leader and Mr. Hatcher’s group is not entitled to the box.
Mr. Hatcher’s group attempted to take over the Conway National Bank Tribal account – the banks attorneys determined that Chief Webb is the official leader and Mr. Hatcher and his group was not allowed to take over the account*.
Mr. Hatcher claimed that he had contacted the IRS and he was in control of the 501 (c) (3) – letters from the IRS to the Tribe are addressed to Chief Webb. Mr. Hatcher’s group grabbed the website, www.waccamaw.us , but domain services for GoDaddy (the web host) reviewed proof that Hatcher’s group was not the official one. They determined that Chief Webb was the official leader and returned the official Waccamaw Tribal website (See http://www.waccamaw.us ) to the rightful tribe and webmaster. In every instance above, the attorney or official was working for someone else. He/they were not influenced by either side. In every instance Chief Webb was found to be the official leader of the Waccamaw Indian People. It has been stated that “…if the US Post Office, the Secretary of State for South Carolina, and the IRS are recognizing James Webb as Chief, it is highly unlikely that a judge will tell them they are wrong…” This statement was made by a member of Mr. Hatcher’s group....
