Executive Order: AT THE REGULAR SESSION OF COUNCIL OF THE SENECA NATION OF INDIANS HELD ON JUNE 14, 2025, AT THE WILLIAM SENECA BUILDING ON THE CATTARAUGUS TERRITORY.
CN: R-06-14-25-01
EXECUTIVES PRESENT:
PRESIDENT – J. CONRAD SENECA
TREASURER – AL E. GEORGE
CLERK – LENITH K. WATERMAN
TO APPROVE EXCLUDING KELLY LUKE FROM SENECA NATION TERRITORY
MOTION: By Rickey L. Armstrong, Sr, seconded by Kevin Seneca, that the Seneca Nation Could approves the following resolution:
WHEREAS, the Seneca Nation has the inherent right to exclude individuals from the Territories of the Seneca Nation who cause harm or pose a threat to the health and safety of the Seneca Nation and its community members; and
WHEREAS, it has been determined that Kelly Luke, a Seneca Nation member, has a long-standing and well-documented history of bringing harm to the Seneca Nation and presents an ongoing danger to our Seneca community members due to ongoing drug-related activities occurring within his residence on Seneca Nation Territory, activities which are known to have directly resulted in the deaths of at least two Senecas; and
WHEREAS, on January 30, 2024, former President Rickey L. Armstrong, Sr. issued an Executive Order prohibiting Kelly Luke from entering Nation buildings or conducting commercial activity on Nation lands and suspending payment of any Nation benefits; and
WHEREAS, on April 11, 2024, and October 24, 2024, an action plan was presented to Kelly Luke, providing opportunities for treatment and rehabilitation, and consequences for not following through with all steps outlined in the action plan; and
WHEREAS, Kelly Luke did complete a 28-day inpatient treatment, but failed or refused to continue with appropriate follow-up services and to submit to regular drug screening throughout the process, all key requirements of the plan offered to him; and
WHEREAS, notwithstanding the consequences noted for flailing to follow through, Kelly Luke has failed to fulfill the action plan he committed to following and continues to engage in drug-related unlawful behavior, including several recent and documented encounters at his residence with persons known to engage in the manufacture and distribution of controlled substances who are also subject to exclusions orders barring them from coming onto Nation Territory in light of their drug trafficking activities; and
WHEREAS, the Nation Council has determined that Kelly Luke’s continuing presence and associated unlawful, drug-related activities on Nation Territory pose a clear and present danger to the Nation and its members, justifying the extraordinary step of compelling his exclusion from Nation Territory,
NOW THEREFORE, BE IT RESOLVED, that Kelly Luke is hereby excluded from all Seneca Nation Territories, effective immediately; and
BE IT FURTHER RESOLVED, that should Kelly Luke fail or refuse to leave within 48 hours of service by personal delivery or posting of a certified copy of this resolution, the Utilities Department is directed to take all necessary and appropriate steps to shut off those utilities provided to residences that Kelly Luke lives at or frequents, including where said utilities use a Nation right-of-way; and
BE IT FURTHER RESOLVED, that any member of the Seneca Nation who is determined to have knowingly harbored or assisted Kelly Luke to remain on or return to Seneca Nation Territory in violation of this resolution may be charged in the Seneca Nation Peacemaker’s Court with aiding and abetting in violation of this resolution, with potential penalties including the withholding of Nation Annuity and other direct benefit payments; and
BE IT FURTHER RESOLVED, that any person holding an interest in the lease of Seneca Nation lands who is determined to have knowingly harbored or assisted Kelly Luke to remain on or return to such leased premises in violation of this resolution may be charged with a breach of their lease, with potential penalties including lease termination; and
BE IT FURTHER RESOLVED, that upon Kelly Luke’s entry into or presence on the Seneca Nation Territories in violation of this resolution, the Seneca Nation Marshal’s Office, in cooperation with local law enforcement agencies, is authorized and directed to remove him from the territories and to continue to remove him should he return; and
BE IT FURTHER RESOLVED, that Kelly Luke may petition the Council to have this resolution modified or rescinded no sooner than one year from the date of adoption hereof, said petition to include such information as is necessary to establish that he is pursuing or has successfully pursued treatment and rehabilitation, is committed to continuing with and maintaining any such treatment and rehabilitation, and has avoided drug- related legal entanglements for at least 12 consecutive months.
ALL IN FAVOR MOTION CARRIED
I hereby certify the foregoing extract is a true and correct copy from the minutes of the Regular Session of Council of the Seneca Nation of Indians held on June 14, 2025, on the Cattaraugus Territory, original of which is on file in the Clerk’s Office of the Seneca Nation of Indians.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and caused the seal to be affixed at the William Seneca Building, on the Cattaraugus Territory, on the 18th day of June 2025.
ATTEST:
LENITH K. WATERMAN, CLERK
SENECA NATION OF INDIANS
PRESIDENT’S OFFICE – EXECUTIVE ORDER
WHEREAS, it is the responsibility of Nation leadership to ensure that Nation employees and citizens are generally protected from unwarranted contact or interaction with individuals convicted of crimes such as sexual assault, molestation, exploitation, or offenses committed against children, and
WHEREAS, there have been instances reported to the Nation Executives of convicted sex offenders, both Nation members and non-members, being present in Nation public buildings and facilities where vulnerable members of the Seneca community, such as children and the elderly, may congregate,
NOW THEREFORE BE IT ORDERED, that any individuals who have been convicted of a crime that requires the individual(s) to be classified as Level I, II or III sex offender, are hereby prohibited from entering into, or being present at the following Nation facilities: (i) Nation Community Centers; (ii) Nation ECLC Facilities; (iii) Nation education department buildings and outdoor facilities (e.g. pool, playground, etc.); (vi) Gil Lay Arena; (vii) the Allegany and Cattaraugus Libraries; (viii) the Nation facilities at 44 Seneca and (ix) housing facilities for Nation elders, including the surrounding parking lots of each referenced facility, if any, and be it further
ORDERED, that Nation Directors and Supervisors, working with the Seneca Nation Marshals, are directed to take all necessary and appropriate steps to secure access to the Nation’s governmental office buildings in order to prevent entry of the above described individuals; and be it further
ORDERED, that should an individual described above violate the provisions of this Executive Order, by being present at a covered Nation facility and refusing to comply with a directive to leave requests to leave, the individual shall be considered to be trespassing and the Nation Marshals shall immediately take the individual into custody and remove him from the property on which he or she is trespassing, and contact outside law enforcement agencies for the purpose of coordinating the arrest of the individual for trespassing.
Dated: June 18, 2025
cc: Marshals Chief of Staff
Education Director(s) Recreation Directors(s)
J. Conrad Seneca, President
