Upcoming Council Legislation

Got a copy of the Dec. 4 Tribal Council Agenda today. Some things have caught my eye and I have a few questions and comments.
* At 9:50 a.m. Editorial Board – submitted by Manager of Marketing & Promotions. I thought that legislation had been passed that was submitted by the director of Marketing & Promotions making the staff of the One Feather and Director of Marketing & Promotions the Editorial Board as required by the Free Press Act. When the tribe opens for business Monday, I'll inquire further. Assuming that nothing has been passed on this, my comments are, passing this legislation undermines the Free Press Act since the One Feather would be put back under the supervisory scope of the principal chief. Any hope of independence for the One Feather will be shot to hell. The other problem is it's based upon the idea that the One Feather will always be under Marketing & Promotions (a huge conflict of interest) and that whoever replaces Michell Hicks, by law, would be stuck leaving the One Feather under that division. As much as he wants it, Michell Hicks will not be chief forever. Since finding professional and ethical individuals to sit on this board that would oversee the One Feather appears to be so problematic, and since tribal government has shown no intention whatsoever of enforcing the Free Press Act, then why not just rescind the Free Press Act? It's not as though the One Feather is a real newspaper at this point anyway. How about being honest about it?
* 11:40 a.m. and 2:10 p.m. - There are two proposals from Wolfetown Rep. Susan Toineeta to have a referendum question on whether to allow the practice of brown bagging (bringing your own alcoholic beverages) in business establishments on tribal land. First of all, understand that the referendum regulations passed by Tribal Council and ratified by the chief do allow council members to introduce referendum requests through legislation, without obtaining a number of signatures. There currently is a move from individuals seeking to hold a referendum to allow the sale of alcoholic beverages in the casino, something that Toineeta has opposed. If her legislation passes, it's a slap in the face to at least nearly 1,400 voters at this point who've signed the petition, a good number of them from Toineeta's community. While Old Antioch Baptist Church Pastor Denny Crowe may praise Toineeta's proposal, that's hardly representative of the tribe as a whole, or Wolfetown for that matter. Another question is she refers to the first question on the referendum. What referendum? The chief vetoed the last referendum proposed through council legislation. And let's not change the wording on any referendum sought by those currently petitioning to make another one happen. Why this is on the agenda twice also is a complete mystery.
* Toineeta has a proposal to establish a "Charter Committee." Any ethical legal professional would tell you that the 1986 Charter is a load of horse fertilizer. It holds no water as a legal governing document in accordance with the Indian Reorganization Act, of which the Eastern Band of Cherokee agreed to comply. Tribal Council in 1993 even conceded that the Charter isn't valid. Once again, I'll have to seek clarification. If Toineeta is seeking to legitimize the Charter then is a that a confession that the very document she and the rest of the tribe's elected officials, judges and justices swore oaths to uphold is invalid? Or is she seeking to further legislation introduced by then Wolfetown Rep. Carroll Crowe that sought to establish a constitution committee and possibly get that process started? In either case, such a committee should not come from Tribal Council, nor the chief. It should come from the communities. There was a time when the tribal community clubs played a larger role in the governance of our tribe. Some incredibly wise decisions have been made at that level. In fact community clubs nominated candidates for Tribal Council. It's time to go back to that, especially for an issue this important. Furthermore, a constitution/charter committee established by Council parallels a Colonial Independence Committee established by the British Parliament with the king's approval. Some of us don't feel that a council/chief-appointed committee would respect the ideals of a democratic constitution.