Shuler Throws Baby Out With the Bathwater - Possibly With Health Insurance Industry Blessings

I know full well that as a Native American I can get health care through Indian Health Service (IHS), however I would like options, and IHS coverage only exists while staying in the Eastern Cherokee service area. If I go to Asheville, I'm uncovered. If I go to Georgia, which is about 10 miles from home, or to Tennessee about 20 miles from home, I'm uncovered. That's aside from the fact that Indian Health Service is and has always been severely underfunded.
I'm one of America's uninsured. I can't afford it. Health insurance is expensive and increasingly unaffordable for most American families. That's on top of the fact the health insurance premiums continue to rise along with rising deductibles, meaning that they actually cover less. Forget coverage if you have a preexisting condition, like diabetes. And health insurance companies have a well earned reputation for abandoning clients if they should have the unmitigated gall to get diagnosed with a dreaded disease like cancer or HIV.
U.S. Congressional 11th District Representative Heath Shuler voted against the Health Care reform bill advocated by President Obama. He explains his position on his website. While saying that he supports many provisions of the bill, he said it doesn't address long-term costs or inefficiencies. “There is no question that our nation’s health care system is broken. Over the past few months, I have spoken with hundreds of constituents and received thousands of calls, letters and emails about health care reform. I thank everyone in Western North Carolina who so willingly shared their stories and concerns with me. It is clear to me that we, as a country, are failing to provide enough Americans with affordable options to manage their health care, prevent illness and treat existing conditions,” he states.
I was one of those who shared my view and stories. The cost of the bill can't compare to the cost to health care providers forced to eat the losses of uninsured patients who can't pay the bills, you know those who don't qualify for Medicaid or Medicare or some other government-funded health coverage. I was glad Shuler's office listened to my opinion, but I guess the campaign contribution from Blue Cross Blue Shield spoke louder.
If there were problems with the bill, as Shuler put it, how about addressing those problems after providing some type of reform in the process. Instead, Shuler threw the baby out with the bath water.

Cherokee Underground, a New Option for News

While I don't agree with the site's editorial stances on some issues, which is something that should be expected, I must give praise to the webmaster of Cherokee Underground. The site's goal is to provide news about Cherokee in a format that isn't under tribal control. While I didn't agree with how it presented the issue of PETA and the bear pits, I will give it credit for trying to present things fairly and objectively. The site has shown both praise and criticism for Chief Hicks, which to me is a good sign that the site doesn't intend to be one sided.
I encourage as many people as possible to visit Cherokee Underground, along with Easternband.com and any other alternative news sites as possible. They can and will report what the tribally-owned media can't, and they'll report what the Citizen-Times ignores. Check them out. And to Cherokee Underground, I applaud you. The internet truly is a legitimate medium for news reporting, and while tribal government has yet to comprehend this fact, those willing to report outside the grasp of Michell Hicks' leash have this truly free option.

Congratulations Diamond Brown and Adam Wachacha

I wish to congratulate Cherokee County/Snowbird Candidates Diamond Brown and Adam Wachacha on their victories in the most recent Tribal Council elections. The two will join six new Council members, which includes Bill Taylor in Wolfetown, Tunney Crowe in Birdtown, Terri Henry in Painttown and Teresa McCoy in Big Cove. While some of my supporters may be disappointed that I didn't make the cut, know that I appreciate your votes and your faith in me. Also understand that I'm confident that we'll have a great representative in Diamond Brown. While I don't know Adam well, the times I've met him I've found him to be a genuinely nice person. I also respect his service to our country in the U.S. Army. I look forward to what both of these individuals can do for our communities. Both Adam and Diamond ran a good race, and I applaud them both.
While I lost, we got the change we needed, and I'm certainly happy about that.

"We Can do What We Want to," Wrong!

In the ongoing controversy between tribal government and People for the Ethical Treatment of Animals, Principal Chief Michell Hicks has made the suggestion that the organization be banned from tribal land. I of course oppose such a proposal because I support freedom of speech, and such a ban is a blatant violation of not only PETA's civil rights, but the civil rights of those tribal members who may choose to associate with PETA.
What caught my eye was this statement made by Incumbent Cherokee County/Snowbird Tribal Council Rep. Angie Kephart to Smoky Mountain News, and it was this mentality that inspired me to run in the first place.
“This is the tribe. We are a sovereign nation. We can do what we want to.”
Actually, no "we" can't. Here's a refresher.
"No Indian tribe in exercising powers of self-government shall - make or enforce any law prohibiting the free exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition for a redress of grievances." 25 U.S. Code Section 1302.
This is federal law, created by the Indian Civil Rights Act. And while there are some, Kephart included, who've argued that a select group of tribal officials' interpretation of tribal sovereignty should trump federal law, tribal government itself, through a Council resolution ratified by the principal chief, recognizes the Indian Civil Rights Act. That means that federal law protecting freedom of expression is also tribal law protecting freedom of expression.
When we talk about the tribe being a sovereign, its elected leaders need to realize that it's not the government who is sovereign, it's the constituents. And as much as some tribal leaders may scoff as such a notion, Eastern Band of Cherokee Indians members are American citizens.
The chief and Tribal Council have every right to call Bob Barker and PETA full of crap or whatever response they may have to what PETA is alleging. They have every right to condemn their calls for a boycott of Cherokee, but they do not have a right to pass any legislation or order that tramples upon First Amendment rights, and they certainly cannot do "what they want to." To do so profanes what men like Charles George gave their lives to protect.

PETA and Tribal Government's Objections

I've got my disagreements with People for the Ethical Treatment of Animals, but I have even greater disagreements with the way Principal Chief Michell Hicks has been handling their objections over the bear pits in Cherokee. While the article done by the Sylva Herald has what could be expected with the retired Price is Right Host Bob Barker making his allegations and statements along with responses from those who own the bear zoos, I found this to be particularly disturbing: "Hicks also said he will ask the tribal council to ban PETA from the reservation since they have spread fliers and other materials without a business license."
I've long argued that the Hicks administration has no respect for the First Amendment rights of tribal members. When he acts in such a manner, he bolsters my point. If a tribal member wants to associate with PETA, that tribal member has every right to do so. I hope that the current Tribal Council has enough sense to oppose such a proposal, and I hope Attorney General Annette Tarnawski, who lives in an area where her First Amendment rights are protected and respected, has enough integrity to step back from such a proposal.
Freedom of expression is guaranteed by the United States Constitution and the Indian Civil Rights Act. For such a ban to happen, tribal government will have gone way too far.
For those who may feel it isn't a big deal since it's PETA and may not like what PETA has to say, remember this quote from Martin Niemöller, a German pastor jailed for opposing Nazi control of the churches: "First they came for the Jews, and I did not speak out because I was not a Jew. Then they came for the Communists, and I did not speak out because I was not a Communist. Then they came for the trade unionists, and I did not speak out because I was not a trade unionist. Then they came for me, and there was no one left to speak out for me."

Meet Joe Martin and Diamond Brown in Murphy Saturday

Voters will have a chance to meet me and Diamond, talk to us, ask us questions and share some food this Saturday from 3 - 6 p.m. at the Murphy School of Dance, 281 Tennessee St, Murphy, NC. Come join us.

Update - Diabetes and Tribal Health Funding

We were able to pick up test strips from the Cherokee Diabetes program today, however that doesn't necessarily mean the program is financially strong. Other programs in the Tribal Health and Medical division may also be facing difficulty. Staff at the Cherokee Community Indian Clinic told me that they're having budget problems as well. That's not comforting given the number of elders in our community and that there's still at least two months left in the fiscal year.

Let's Hope This is Just One Serious Temporary Setback

Easternband.com has posted that the tribal Diabetes Program is out of money. Normally when I read some things on this site, I wait to see what pans out. This time the admin of that site, Bill Killian, has experienced it himself after it was brought to light. Despite being dangerously low on insulin, his refill was left out of his regular meds when he picked them up from his dialysis appointment. Bill's always been honest with me, even with heated disagreements. So I have no reason to doubt this.
I hope this is just a temporary setback. Too many tribal members have no health insurance, and while some who don't can get Medicaid, there's still a huge gap between those who can get insurance and those whose income is low enough to qualify for Medicaid. It bears repeating that far too many tribal members have diabetes. Even a temporary setback is disastrous.
There is Indian Health Service, however, if tribal members who depended upon the tribal diabetes program had some kind of warning ahead of time, those tribal members could've prepared and made arrangements with Cherokee Indian Hospital. But tribal government seems to prefer giving tribal members the illusion that everything is wonderful rather than tell them the truth, even if it means jeopardizing their lives.
This is inexcusable. Tribal government needs to address this issue immediately, and I mean on Monday. If they don't, then every Tribal Council member needs to be removed from office, and Larry Blythe and Michell Hicks definitely don't deserve third terms.

The Price is Wrong for Bear Displays and Chief Hicks

"Injustice anywhere is a threat to justice everywhere." - Martin Luther King, Jr.
The long-time game show host for the Price is Right Bob Barker has set his sights on something that has long drawn the ire of both animal rights activists and regular tourists alike for years, the bear displays in Cherokee. Principal Chief Michell Hicks has been targeted for a letter writing and email campaign, much to his chagrin.
While there are many aspects of tourism in Cherokee that have left me with a sour stomach, the bear displays have been one of them.
I'm not opposed to displays of bears per se, but I do think they need the best living conditions they can be given, and I'm turned off by what I've seen at least at two of the bear zoos.
I do have to express irritation at one aspect of this whole issue. Alleged mistreatment of bears has gained all kinds of media attention, but losing $60 million of the tribal youth's money, violations of civil rights and elected officials disregarding the need for financial stability to pad the chief and vice chiefs' retirement plans has barely registered on the mainstream media's radar.
More power to People for the Ethical Treatment of Animals (PETA) and Bob Barker. Their efforts to shake up an irresponsible government over a perceived injustice to non humans have been much more successful than those at home who've sought to hold their elected representatives accountable for injustices against humans and even draw attention to those injustices.

Joyce Dugan to Take Over Cherokee Central Schools

Former Principal Chief Joyce Dugan has been hired to take back over the Cherokee Central School System. Dugan, when I was hired as editor of the One Feather, told me that she was dedicated to hiring educated tribal members for certain positions, and I did see a certain attention paid to hiring qualified tribal members for certain positions with certain requirements then. The tribe has gotten away from that as political connections and family ties now take precedence over talent and credentials.
I've had great concern about the quality of education at Cherokee Central Schools. Too few graduates go to college, and of those too few are attending the best colleges they can get into. Other issues about test scores, and readiness for college still remain. The school system is a remnant of a federal government-run educational system designed to make Native Americans second-class citizens. With the problems that have gone unresolved, it appears that the current way of doing things is designed to do the same thing.
Dugan has a mess to clean up, and it won't be solved by new school buildings. It will take years to undo the damage that's been done the past few years, caused by problems tribal and school leadership failed to address. I wish her the best, and I certainly hope to see real improvements.

Martin Endorses Brown

With the results of the primary election done and over, I would like to officially endorse Diamond Brown and encourage voters to cast their ballots for him along with myself.
Brown has demonstrated leadership abilities and a respect for Cherokee culture that I feel will benefit the position well. With my experience, credentials, education and background combined with Brown's drive, integrity and decency, I feel that the two of us can be a great asset for Cherokee County and Snowbird, and that we can give our two communities the representation that they deserve.

Pray for Bill Wells

Developer Bill Wells was injured in a car accident June 6 and is still in critical condition in a hospital in Chattanooga. Bill and Diane have done much for Cherokee County and have been active in the communities. I pray that he will recover fully from this accident and will return home as soon as possible. I encourage others to do the same.

The Alcohol Issue and Another Casino

I read the Cherokee Scout's coverage of the vote to approve alcohol sales in Harrah's Cherokee Casino. Angie Kephart, the incumbent Cherokee County/Snowbird Representative, said that the approval could delay the decision to place a Class II gaming facility in Cherokee County. She also said a new contract would have to be negotiated for a facility in Cherokee County.
Some clarification and questions arise from this.
For clarification, compact negotiations are only needed for Class III casinos, which is what currently exists in Cherokee. Class II, which is Bingo and some electronic games, does not need the governor's approval.
My question is why should the decision to allow alcohol sales in the casino in Cherokee delay expansion of gaming in Cherokee County? The two are entirely different and separate projects.
My other question is why hold off given that a Class II facility can be done now if the tribe really wanted to do it? The Seminoles in Florida have been operating Class II for years, without the approval of its governor, and their Class II operations have been quite lucrative.
The fact is tribal members could use the increased contributions to their per capita checks, and Cherokee County, which has one of the highest unemployment rates in the state, could use the jobs. In fact the tribe should be looking at potential gaming options in Snowbird as well. Graham County isn't much better off as far as employment opportunities go.
The time for delays is over.

Thank You Cherokee County and Snowbird

I want to thank Cherokee County and Snowbird for putting me through the primary and on to the general election this fall. I want to thank those who put their trust in me and cast ballots for me.
Our communities need a representative who can and will research the issues, understand the issues and use that knowledge to make an informed decision on the issues. Our communities also need a representative who will keep you informed, not just for the purpose of securing reelection, but just so you, the constituents, will be able to make sound decisions, take part in tribal services available and take part in our governing process.
Our communities also need a representative who will be open to feedback from you.
I can and will do that for you.

Vote Tomorrow

Please vote in tomorrow's primary. In Cherokee County and Snowbird voters will choose the top four to run in the general election in September and whether to allow the casino to serve alcoholic beverages. Regardless of your opinion, or who you support, please go to the polls and vote. Our future and democracy depend upon it.

Meet The Candidates a Great Event

Meet the Candidates in Snowbird last Friday night was a great event. All candidates for office were in attendance with the exception of Angie Kephart. The five of us who were there, myself, Diamond Brown, Carroll Ray Lambert, Adam Wachacha and Billy Brown, all conducted ourselves like gentlemen. There was no mudslinging, just efforts to convince voters why they should cast ballots for them. I wish to express my appreciation to the Snowbird Community Club for giving the candidates the time to speak.
On the same note, the Cherokee County Community club also has my appreciation for giving us time to address members of the Cherokee County community at a time when all of the candidates were in attendance.

Meet the Candidates in Snowbird, Friday at 6 p.m.

The Snowbird Community Club is hosting a Meet the Candidates event at the Snowbird Community Building at 6 p.m. Friday. All candidates for Snowbird/Cherokee County are encouraged to attend.
Voters and concerned tribal members residing and registered in those communities are also encouraged to attend.

Remember Our Veterans

The freedoms we have as American citizens are all due to the sacrifices by American service men and women. Members of this tribe have served in defense of the United States back before American Indians were considered citizens.
Freedom of speech, freedom of the press, freedom of religion, the right to bear arms, freedom from illegal search and seizure and protection against double jeopardy are all because brave men and women risked their lives in protection of the ideals that make democracy great.
I express my gratitude to our armed services, and know that your sacrifices are not in vain.

The Tribal Supreme Court and Rob Saunooke

Rob Saunooke, pictured in the center on the steps of the U.S. Supreme Court, can argue cases in that same court. Yet the tribe's Attorney General Annette Tarnawski is trying to argue that he isn't fit to argue cases in the Tribal Court, and the tribal Supreme Court is actually giving her baseless case credence. Two judges in the lower court based a decision on precedents set by North Carolina courts and ruled that the law passed by Council couldn't apply retroactively to Saunooke.
Rob Saunooke has represented me, and he's represented me well. I have no complaints about his competence nor his professionalism. I congratulate Saunooke on his achievement, even if his representatives in tribal government want to stand in his way.
The actions being taken against Saunooke smack of ex post facto, which is prohibited in the U.S. Constitution. In fact it's even prohibited in Iran's constitution. It should also be prohibited in any tribal consitution or governing document.

Tribe Approves Wal-Mart

Tribal Council approved a lease for Wal-Mart to be located on Hospital Road in Cherokee. I'm opposed to this plan for two big reasons.
The first is that the tribe is building their store. I'm opposed to tribal money being used in any way for what should be private enterprise developments. Wal-Mart is one of the world's top retailers, if not the world's top retailer. Why in the world should tribal money be used to build a store for this corporation?
The other is Wal-Mart's effect on local economies. It destroys them. While the chief mentions that there aren't a lot of mom and pop stores in Cherokee that could be effected, the tribe could well find itself in the same situation as the city of Clyde. Wal-Mart decided they needed to expand, which meant a whole new store built. However Wal-Mart tends to keep their leases, at least for a while, on the old locations, preventing new businesses from locating in them. The city of Clyde is left with a giant empty store where Wal-Mart was. The same could well happen to Cherokee. Even in situations where other businesses can locate to old Wal-Mart locations, those typically end up being terrible locations, as when Wal-Mart left, the businesses connected to them typically fail. What happened in Murphy is a prime example.
A protest should be filed and Council should uphold that protest for these reasons.

Voters Can Vote for Two

While on the campaign trail, some of my meetings with various voters in Cherokee County and Snowbird revealed to me that some are under the impression they can only vote for one candidate. I wish to remind all voters that they can vote for two candidates.
Get informed. Learn what you can about all of the candidates, and cast your ballot for who you feel best fits what you think is best for the tribe. Above all else, vote. You can vote for two.

Economy and the Minors Fund

At the last Cherokee County Community Club meeting, Principal Chief Michell Hicks made the statement that he felt as though we'd found the bottom of this economic slump. I hope he's right. However, President Obama has wisely stated that we're not out of the woods yet.
Optimism is fine, but it needs to be tempered with reality and caution. Yes there are positive signs that could be forecasting a turnaround, but there still are plenty of negative aspects to the economy as well.
Some positives - the tribe hasn't laid anyone off yet. The casino so far is still making profits to the point where tribal members can get per capita payments from it.
Negatives - casino revenue obviously has been down, and the casino has had layoffs. Hotel occupancy has been down, and Cherokee's surrounding attractions have shown decreasing visitation. Decreases in visitation and hotel occupancy mean decreases in tribal revenue.
Even in good times, there still exists a need to protect the tribe's assets and the children's assets as well. The fact that many adults, myself included, lost their own money due to the market conditions is hardly comforting. Nor is it consolation to say, "The kids were just going to blow it when they turn 18." At least it was theirs to blow, and at 18 they had a choice in the matter. The losses to the minors was put upon them through no fault of theirs, and they had no choice.
There's nothing wrong with diversifying investments to grow the kids' per capita disbursements, even if it included stocks. However, as it is with many retirement plans, account holders have the option to change their investment strategy in a manner that protects the interest added to the principal (some kids did lose principal in contrast to the political rhetoric produced by the status quo) as the account holders get closer to withdrawal age. The kids are entitled to interest grown on their accounts just as much as the principal. And in contrast to the opinion that there was no way to avoid these losses, there was. Just ask Donald Rose, an accomplished businessman who actually made money from his investments last year.
There are going to be ups and downs in the economy. While it's fine to maximize growth in assets for the tribe during good times, the assets built in those times need protection during the bad times. Sound financial planning will be crucial for the future of the tribe.

Minors Fund Losses and Politics

WLOS reported on the outrage among parents. I'm sorry to have missed last night's meeting in Birdtown last night, but I did see the noted report. Principal Chief Michell Hicks called it a political ploy. "There are individuals that are trying to get some mileage making tribal leaders look bad," he said. Well yeah, those seeking to unseat incumbents are going to campaign on this issue. If one recalls, Obama and other Democrats got into office campaigning on the poor economic situations caused in part by his predecessor. However, the writing was on the wall before the crash, particularly with real estate, and those with the power to do something chose to do nothing. As one parent noted, tribal leaders made themselves look bad.
When you hand your enemy a loaded gun, don't be surprised if they shoot you with it. Tribal members have every right to be angry about this issue, and the status quo is giving opponents plenty of ammunition, with this, with padding benefits during hard economic times, with downplaying how bad things really are.
The fact is the kids' money was being invested in incredibly risky ventures, which is fine with part of a retirement portfolio designed for withdrawals in 30-35 years. With retirement portfolios, account holders have the option to rearrange their investments into low risk investments to protect their assets. These children, whose investments were to be 15-18 years in most cases, didn't have that option. Some kids were planning to use that money for college, and for most people $20,000 is a lot to lose. There were and are less risky ways to invest this money that not only with grow the money but will minimize, even prohibit losses.
Yes this is a political issue, but the anger is real.

Hey Folks, This Minors Fund Fiasco Has Happend Before

Check out this story done in 2003, back in good economic times, about the Minors Fund. How the years have flown by. It gives true credence to the statement, "Those who fail to remember the past are doomed to repeat it." Let's not make it a threepeat. Encourage your Council members to correct this problem. If they choose to do nothing, vote them out.

Got Children? Want to Know What to Do About Their Minors' Fund Losses? Attend This Birdtown Meeting

A meeting has been scheduled to discuss the Minor's Fund Fiasco. It takes place at 6 p.m. at the Birdtown Community Building. I've got to hand it to the community clubs. More action happens at this level than ever happens at the Tribal Council or executive level. So far on this issue they're the only ones taking it upon themselves to address this Minor's Fund issue whereby tribal government had essentially taken the children's money and blew it on a craps table. $60 million total lost at the end of last year, and that total is probably much more now. Yes the stock market, where much of the money was invested, was bad, but there were plenty of indicators well before the big crash last fall that would've shown that maybe some of this money should've been placed in less risky investments.
Since so many of my fellow community members in Cherokee County have not received statements about the state of their children's accounts I particularly want to encourage tribal members in Cherokee County to attend this meeting. Bring your questions. I of course would like to ask why members in Cherokee County have had such a delay in receiving their children's statements, especially when those in other communities, including Snowbird, have.
Three members of the investment committee have reportedly resigned. So far Tribal Council's response has been to throw the Investment Committee under the bus, no suggestions yet or any concrete proposals on how to fix the problem, let alone prevent it from happening again. As a soon-to-be-parent, I'd like the option to invest my child's account as I see fit, which right now is in T bills, CD's and high interest Orange accounts. I don't trust tribal government to manage my child's account appropriately, and if the tribe had a right to recall elected officials, this certain would be just such cause for those at the executive level.

The Furor Over Losses in the Minor's Fund

If one visits easternband.com one will see the anger over the losses in the minors and incompetents' fund. Don Rose, a candidate for Tribal Council in Painttown has also noted the losses before in an oped piece for the Cherokee Times.
The anger is clearly justified, however, it does need to be noted, tribal government didn't "steal" this money from the the children, but it may as well have. The fact is tribal government was well within its power to stop the losses from happening. It chose to do nothing, to leave the investing up to a broker, who has no stake in anything with the tribe other than to keep a client.
The minor's and incompetents' fund never should've been invested in the high-risk, extremely volatile stock market to begin with, but when the trouble with Fannie Mae and Freddie Mac started, that should've been an indicator to move this money to low-risk or no-risk investments. Anyone with any sense with investing would've seen the writing on the wall. Yet, nothing was done. When the markets went to hell last fall, much of our children's money went with it. Tribal Council and the chief bear just as much responsibility as the investment committee and broker in what happened. They're all privy to such information in which they could've made wiser investment decisions.
Now tribal government is playing the blame game. I'm not so much interested in who's to blame. I want to know what do our leaders plan to do about it. I for one think parents should have an option in how their children's money is invested. I have a child on the way, and I don't trust tribal government to properly manage his or her money. If tribal officials insist on us as parents having no input, than they should at least have the courtesy of placing only financial planners on the committee, who can and will grow the children's money conservatively but surely. You don't go to a plastic surgeon to remove a cancerous tumor, and you shouldn't go to an accountant and broker for investment advice.
We can talk about who's at fault for this later. Right now, fix the problem so it doesn't happen again.

What Does the Citizen-Times Consider Appropriate?

I recall the furor over "Rants and Raves" at the One Feather as Chief Hicks and others felt as though some of what was published was inappropriate. I did have standards for this anonymous forum. I certainly never published any of the types of remarks that appear on the Asheville Citizen-Times' anonymous online forums through topix.net. I'll spare republishing the disgusting remarks made about tribal member Anita Vestal who will be facing charges of helping a murder suspect escape. Anyone who wants to see them can click this link. The Citizen-Times rightfully refuses to publish remarks that are racist or just mean spirited in its letters to the editor, but the topix forums appear to allow anything. Remarks made about Vestal and the escaped suspect have been centered on the escapee's race and Vestal's weight, truely classless, tasteless and racist remarks that add nothing of value to the debate.
I'm not advocating censorship. The Citizen-Times can do what it wants, but given the ever strengthening significance of the internet, the publication would do well to have the same standards it has for letters to the editor, better police what comes through its online forums and keep this kind of garbage out. Publishing remarks like these cheapens the publication.

Vice Chief's Niece Sought With Murder Suspect

A capital murder suspect Jeffrey Miles escaped from the Swain County Jail, allegedly with the help of guard Anita Vestal. Vestal is the niece of Vice Chief Larry Blythe.
Miles is charged with first degree murder in the killing of James David Scott Wiggins and Michael Heath Compton Aug. 8 last year.
Law enforcement is on the lookout for a red 2001, Ford Ranger pickup truck with a maroon camper top. It should have North Carolina plates. Miles is black, 6'2" and weighs between 180-190 pounds. Vestal is Native American 5'3" and 275 pounds.
I've had my political differences with Vice Chief Blythe, but I certainly don't want to see any harm done to him or anyone in his family. Vestal is in considerable danger, and I hope she returns safely. We should all pray for her safe return.

Persian Gulf Comes to the Mountains

Not much I can add to this post. I think the photos are self explanatory. I also think it's an insult to the sacrifices of tribal members who served in Desert Storm and the current war in Iraq. It's nice to know that we're paying the Goss Agency in Asheville to do it too.

New edit: There is something I can add. Michell Hicks' "Sequoyah clothes" became fodder for a lot of jokes. The clothes aren't the point. The fact is the Goss Agency in Asheville was paid to put this crap up in Cherokee. To the tourists passing through it looks like some anonymous Cherokee man promoting tourism. To those who live under Hicks' rule, it smacks of the type of narcissism displayed in Syria and Saddam Hussein's Iraq. It sends the message, "I'm in charge and there's nothing you can do about it."
Last I checked, the Eastern Band of Cherokee Indians was a democracy. The chief even said so to angry Snowbird residents seeking to separate from Cherokee County because of feelings of disenfranchisement. There is something we can do. We can elect representatives who will actually give the people a voice and put a stop to the self-serving madness that is every bit on the same scale as AIG.

Tribal Leadership Loses Millions of Our Children's Money - Where's the Outrage?

Don Rose, a candidate for Painttown, wrote an op ed piece for cherokeetimesonline.com pointing out that the tribe's endowment and per capita fund for tribal members under 18 years of age lost $60 million as of Dec. 31, 2008. He also notes that given January and Feburary were some of the worst months for the stock market, that figure may now be more than $80 million lost. Who's going to take responsbility for this? Apparently no one.
The chief, Tribal Council, the Investment Committee (made up of appointees approved by the chief and Tribal Council), and the broker in control of the funds all point the finger somewhere else. He points out that your broker doesn't always have your best interest at heart. He also points out the lack of outcry from tribal members. That's what's so disheartening. It makes me wonder how bad it has to get before the people get angry enough to rightfully dress down our leaders.
I'm outraged. For one, I haven't even become aware of this until Don's column. I've suspected that the tribe lost great amounts of money because I knew the committee, with the chief's and Council's approval, invested the children's funds heavily in the highly volatile stock market. However this seems to be par for the course for the current tribal leadership who feels we're better off being kept in the dark. Case in point, Cherokee County/Snowbird Council Rep. Angie Kephart stated to the Cherokee County Community Club last Tuesday, "The economy's been weakened a little bit." This statement was made to folks who live in the county with the fourth highest unemployment rate in the state, a rate of 12.7 percent as of last December, a rate well above the national average.
The other reason we should be outraged is no one was minding the store while a bear's been on the lose. The one's who should be the first to accept responsibility are playing the blame game instead.
Folks we should be outraged. This is your children's money, and the tribe's leadership has allowed it to be managed recklessly. It's very clear that when voters go to the polls, we have to elect leaders who will ensure that the Investment Committee will play a more active roll in investing these funds that will offset potential losses in the stock market and actually make our children money. With a child on the way, it's certainly of great concern to me what happens to these funds. If the current leadership isn't going to take ownership of this problem, then they need to hit the road.

I'm Running For Council Not Against Another Candidate

I've gotten some commentary during my talks with people when I've told individuals in both Snowbird and Cherokee County that I was running. Among the comments I've gotten, from both communities, is "We need to get rid of Angie (Kephart) and Abe (I hear he's not running. His son Adam is supposed to be running in his place)." I understand frustration with the status quo. Also, if things were fine they way they are, I wouldn't have decided to run.
However, I'm running for Tribal Council, not so much against Angie Kephart or against anyone else. I want voters in Cherokee County and Snowbird to vote for me. Whoever else gets their votes is their business. I'm not so arrogant to insist that my potential constituents have to vote in a manner for which I approve. I'm certainly not going to try to monitor the polls to see who votes how, nor will I attempt to punish those who choose to either vote for candidates with whom I disagree or choose not to vote for me, and I will represent my constituents equally. I will not practice selective representation.
Here's why I feel I'm qualified to serve:
* I'm educated. I hold a B.A. in Public Relations from Auburn University. With the challenging and complex issues that confront the tribe, we need a candidate who can handle these issues with wisdom and understanding. Furthermore, I have vast experience dealing with the media, which is of the utmost importance.
* I'm accomplished and experienced. While I've never held public office before, I've worked with the tribe for 11 years. I understand well how tribal government works, and I've proven my abilities to work with every tribal program. That's important when it comes to funding for programs in Cherokee County and Snowbird who've been fighting for scraps for decades.
* I'm ethical. I've been faithfully married to my wife for seven years. I've never been charged with a crime, and I've always conducted my work with the highest of ethical standards in mind. My wife and I are expecting our first child in October, and it's important to me that I set a positive example in this area.
* I was raised with strong Christian, moral values, and will make decisions based upon those values. I attend services at the Episcopal Church of the Messiah in Murphy where my wife and I are members. The lessons taught from the Bible and what it means to be a Christian not only give me comfort during trying times, they guide me in making tough decisions. I will rely upon my faith in making decisions for the betterment of the tribe.
* I bring an agenda that is right and just for the tribe, accountability, transparency in government and respect for individual liberty. We as tribal members are Americans, and we need elected officials who are going to act like Americans. Too many tribal members have risked and even lost their lives defending the ideals upon which the United States was founded only to have elected officials profane everything for which they sacrificed by trying to squelch dissent, hiding the truth from them and denying them a voice in their government.
I've got no doubt that some voters will be approached about me by some who will argue that they shouldn't vote for me. When approached, it's perfectly appropriate to suggest that instead of why they shouldn't vote for R. Joseph Martin, or anyone else for that matter, ask them why should they vote for whatever candidate they're advocating. If they can't or won't answer, then they don't deserve your time.
While I think you should vote for candidates who represent a positive change for the tribe, I won't get in the business of asking you to not vote for a particular candidate. I represent positive change and balance for tribal government, and that's why I should be elected.

Why Worry About the Executive Retirement Plan

There are some who may ask why we should bother with the executive retirement plan. Another notion is that Council members knew what the intent was. While some will argue that the matter is trivial consider this, and Wolfetown Rep. Susan Toineeta even noted this in her proposal to rescind the plan passed in January, the tribe will be facing some seriously challenging times financially. The situation is worse than many currently in the tribe's leadership are willing to concede. The plan passed in January has the potential to break the tribe, already stretched to the limits on retirement benefits for employees.
The plan passed, as written, does pay Chief Hicks $70,000 per month upon his leaving office, assuming he's done in 2011. That may not have been the intent, and Michell Hicks may only take $70,000 yearly as may have been the intent of the legislation. There are serious problems with relying upon intent. One is no one really knows what that intent was with the exception of the one who authored the proposal. When the law has been on the books for 100 years, no one can ask the attorney general what the intent was, because in all likelihood she'll have died. The other major problem is that it may be the case that this chief would only take $70,000. But that doesn't mean that another chief with the same amount of time vested wouldn't take half the yearly salary per month, and guess what, the way the law is now currently worded, it would be legal.
The tribal Supreme Court ruled on the issue of absentee voting that the way the law was worded was problematic. It was worded to mean that tribal members had to meet every single criteria. Sure we knew what the intent was, but the wording had to match that intent.
Toineeta's proposal is a sensible one, and Tribal Council needs to pass it. This is an important issue. The economic future of the tribe depends upon it.

Don Rose Candidate for Painttown

I've gotten to know Don Rose over the past few years since he returned to Cherokee. He's an accomplished business man who hasn't made any demands of the tribe. When I was fired from the One Feather, he was among the first to offer moral support. He also helped to establish Martin Publishing, which published the Cherokee Times.
He's served the U.S. in war time, both in Korea and Vietnam, which means he understands what it means to be an American as well as the ideals upon which this country was founded. He's been working much of the time with BalsamWest trying to expand high speed internet access in western North Carolina.
While I may have certain differences of opinion here and there with Don, he's a true man of integrity who can bring professional and ethical leadership as well as real world business sense to Painttown, something that's sorely needed right now.
I'm proud to know this man, and urge all who live in Painttown to vote for him. He certainly has my endorsement.

Joe Martin is Running for Council

Alas, I've decided to join the dark side. I've crossed over from journalism into politics. Let's just say it's been a calling. I'm running for Tribal Council to represent Cherokee County and Snowbird.
I could no longer stand on the sidelines. While I felt I did my best to keep tribal members informed so they would make informed decisions, I really feel as though my efforts weren't enough. Plus right now, newspapers are struggling to survive, and who knows how long I could keep it up. The only printed newspaper right now is the One Feather, tribally-owned and funded, with strings attached. So whatever information is being presented in that publication could be questionable, particularly since it falls under the leadership of Marketing & Promotions, whose goal is to "put the best foot forward," which means those goals conflict with those of a newspaper.
My platform consists of much of what I advocated as editor of the One Feather and publisher of the Cherokee Times, freedom of the press, open government, accountable government, and now ethical government. I also want to put tribal government back in the hands of the people. The current leadership seems to have forgotten why they're there, and who they work for. I will never forget.
I plan to keep tribal members informed of my campaign, the issues of importance to them, and where I stand. I will be honest, open and accountable and I encourage all other candidates to do the same. To those residing in and/or registered to vote in Cherokee County/Snowbird, I'll appreciate your support and I will be a strong representative for you.

The Council Way of Doing Business

Tribal Council passed legislation to call for a referendum vote to allow alcohol sales in the casino. It was the right thing to do, but Chairman Mike Parker broke protocol by calling for the vote immediately after the move to pass and second.
Wolfetown Rep. Susan Toineeta was visibly upset as she wanted to express her opinion as to why the proposal should be defeated.
I likely wouldn't agree with what Toineeta was going to say on two fronts. One is many of her constituents, along with voters in other communities signed a petition asking for this referendum. The other is it's fine if Toineeta has a moral objection to alcohol consumption, in fact I actually respect that, but I don't share her moral objection, especially since wine is a part of the Communion I take in church, and I do distinguish between consumption and inebriation. I don't feel it's right for someone's moral objections to be forced upon me.
However, I will always support the free exchange of ideas and freedom of expression even for opinions I don't agree with. This isn't the first time Chairman Parker has disrespected tribal members' right to express themselves. Remember Snowbird? I'm just surprised that he did it to a fellow council representative.
So protocol was ignored to squelch opinions those in charge may not want to hear. Susan, welcome to the club. It's one that's becoming more and more prestigious.

Noting Those Who Voted Against the Chief's Ridiculous Retirement Plan

I can't express how much I appreciate Tribal Council Wolfetown Rep. Susan Toineeta's diligence. She did her research, and of course caught a major issue with the way Ordinance 607, which boosted the chief and vice chief's retirement benefits, was written (an issue the tribe's legal division missed, just as it did with the requirements for voting absentee, which took a tribal Supreme Court ruling to get them to amend). If 607 stands, Principal Chief Hicks stands to make more in retirement than he made while principal chief. In face he'll make more than some professional athletes. Given that he is the most unaccomplished principal chief, given that he's shown no remourse for the harm he's done through the misuse of his office, given that the Eastern Band of Cherokee Indians has been goosestepping in the wrong direction ever since he took office and given that he's done plenty to warrant impeachment from office (which would make him ineligible to receive his beefy retirement), he certainly doesn't deserve such reward.
Also for anyone to be able to receive retirement prior to reaching age 50 when average, hard working employees have to wait until after the age of 60 is just plain wrong, and it's indicative of the type of elitism advocated by the Hicks administration. Chief Hicks isn't the only one bearing responsibility for the most reckless and irresponsible action to come out of the Council chambers. The council members who voted to pass this ordinance also bear responsbility.
The following voted against the ordinance: Yellowhill Rep. David Wolfe; Yellowhill Rep. Alan B. Ensley; Cherokee County/Snowbird Rep. Angela Kephart; Wolfetown Rep. Susan Toineeta
As for those to voted with Michell Hicks on this one, I hope you have a change of heart when Rep. Toineeta's proposal to rescind Ord. 607 hits the floor. If not, then start updating your resumes.

Is Alcohol Consumption In and Of Itself a Sin?

Petitions have been gathered, enough to call for a referendum, on whether to allow alcoholic beverages to be served in the casino. Of course given many tribal members' battles with alcoholism, the issue is controversial. Of course one needs to remember that alcoholism is not a problem unique to the Cherokee or Native Americans.
Many of those who've come out in opposition to alcohol being served in the casino will cite Scripture. While there are passages taking a stand against drunkeness, there are passages where Jesus himself had consumed wine and others calling for the drinking of wine in remembrance of Christ's sacrifice.
Don Rose, one of the petitioners and advocates to call for this referendum vote, had spoken before Tribal Council and was called a blasphemer by one clergyman for calling attention to this fact.
Here's what the Bible says: Luke 22:17-20:
"And he took the cup, and gave thanks, and said, Take this, and divide it among yourselves: For I say unto you, I will not drink of the fruit of the vine, until the kingdom of God shall come."
"And he took bread, and gave thanks, and brake it, and gave unto them, saying, This is my body which is given for you: this do in remembrance of me."
"Likewise also the cup after supper, saying, This cup is the new testament in my blood, which is shed for you."
I'm an Episcopalian and a Baptised Christian. I take communion where in addition to eating the wafer, wine is sipped. The following passage is read by the priest:
"After supper he took the cup of wine; and when he had given thanks, he gave it to them, and said, 'Drink this, all of you: This is my Blood of the new Convenant, which is shed for you and of many for the forgiveness of sins. Whenever you drink it, do this for the remembrance of me.'" Catholics and some other denominations may also be familiar with this sacrament.
I have no problem with members of the clergy opposing the use of alcohol. What I have a problem with is their lack of distinction between consumption and inebriation. There's a huge difference, just as their is between eating and gluttony.
When this issue comes before, please keep that in mind, and vote based upon what you think is best for the tribe. Don't allow politicians and doublespeakers to taint your thoughts.

Rep. Toineeta Attempts to Right a Wrong

Tribal Council Wolfetown Rep. Susan Toineeta certainly has taken her lumps from the public. She often appears indecisive though abstentions, even at times when it has behooved her to make a decision one way or the other. She's also been accused of being a Michell Hicks puppet.
Where she deserves some credit is the fact that she, unlike too many of her colleagues who've mocked her, takes the time to educate herself on what is coming before Tribal Council. Cherokee County/Snowbird Rep. Abe Wachacha, even admitted in front of me on one particular issue that he had no idea what he was voting on when he cast his vote in favor of a horrible proposal from Chief Hicks to remove tribal levy funding for higher education. So in that aspect, Rep. Toineeta's approach is refreshing, even if on occasion she's wrong.
She's submitted a proposal to rescind recent retirement enhancements for the chief and vice chief introduced by Chief Hicks, and passed by a majority of Tribal Council members without question. It turns out that the plan passed by Tribal Council would allow Chief Hicks, after two terms, to actually earn more in retirement than he has as principal chief. She also has other objections listed separately in a letter.
Of course the issue of the chief making more retired than while in office is a good objection. The other is that this proposal was wrong to begin with. Tribal members are feeling the pinch of the economy (despite the tribe's propaganda machine claiming there is no depression). Individual tribal members are having to sacrifice. Shouldn't the tribe's leadership set an example by sacrificing themselves? I was running a business when the economy totally went to hell last fall. The first salary to be cut was mine. Yet here stands the majority of our elected officials boosting their own benefits. There's even talk of another salary increase.
What the chief did in this instance was shameful and embarrassing. I'm glad that at least one elected official is trying to do something about it, even though it probably stands no chance of passing.
Susan, I have my doubts that you actually read this blog, but if you do, know this, it's better to stand alone on the righteous path to go along with a mob mentality. I support this proposal, and I hope that the majority of Tribal Council will have a change of heart.

Chief Hicks' Top 10 Initiatives

On easternband.com, Bill Killian had readers vote on how well Michell Hicks was doing with his top 10 initiatives. While I'm sure plenty voted on each one. I will comment on each and give a grade from A-F, with F of course being failing and A being excellent.
* To further enhance a judicial system that will provide equitable, fair, and competent (sic.) I assume there's to be added "treatment." I have a wrongful termination lawsuit against Hicks and tribal government pending, so I have a "wait and see" attitude to make a full judgment. That the court hasn't thrown my entire suit out is a good sign. But the court, particularly the Supreme Court, has made two bone-headed decisions, in the 2003 and 2007 elections. In 2003 it ruled it was o.k. for Michell Hicks to violate election laws. In 2007 it ruled that it was o.k. for an election board made up of Michell Hicks puppets to disenfranchise registered voters, resident ones at that. The court still lacks independence needed to truly provide the level of justice needed and to truly separate the powers of tribal government. Chief Hicks hasn't been in a hurry to rectify this problem and would likely even deny that it is a problem. At this point, I give Hicks a D+.
* To preserve and protect our natural resources. The tribe needs to have a natural resources program. There are some good programs, Fish & Game for example, but can Chief Hicks really take credit for that program's success? There are a couple of areas to note where the chief has failed miserably. One is with the water quality of Soco Creek. The other is, ahem, the Painttown Water Tower, never functional because its placement was based more upon what would benefit the chief's family rather than functionality and practicality. The water tower never came into use, something that could've really helped the tribe when gasoline leached into the main water source intake and during all the times of drought. Based on the water issue alone, Chief Hicks gets an F.
* To provide strategically planned infrastructure for economic and community development. Housing still remains a problem due to the bureaucracy in the process. He hasn't rectified that. Nice townhomes were built next to a major federal highway designed to make Indians used to living on their own homesteads live in clusters, which most don't want to do. That's not to mention they're charging well below the cost of construction for these homes. In the development of townhomes in Soco, which were completed a couple of years ago, they haven't even filled half of the project. Traffic flow still stinks. No road widening has occurred, not even by the proposed Wal-Mart location, so far the only tangible idea for economic development the Hicks administration has conceived. The wonderful two-screen theater complex which cost the tribe who-knows-how-much, typically has less than 10 vehicles parked there at night, even on weekends. The chief faced legal action over a proposed location for the new Women's Wellness building which turned a neighboring campground into a mud hole when it rained. While the chief can't be blamed for the downfall in tribal levy, occupancy and casino revenue, his administration certainly deserves jeers for painting a rosy picture for the public, which anyone doing a little bit of research could've found out the truth. For this initiative, Chief Hicks gets an F.
* To enhance the quality of life for enrolled members who are senior citizens. For starters, the seniors in Cherokee County certainly have been forced to take a back seat. The senior center promised to them took more than four years while the chief and current Cherokee County and Snowbird council members sat on their hands. A major issue for senior citizens, health care, continues to be plagued with problems, and tribal side of managing health care has been disastrous, particularly with closing programs that actually worked well. Tsali Care Center, the tribally-operated nursing home, received poor ratings from Medicare and made one senior citizens advocacy organization's watch list. The chief even had the gall to call for the removal of Cherokee Times from Tsali Care Center, which had been donated to the residents free of charge. His argument to Painttown Rep. Tommye Saunooke was that it wasn't a tribal publication. Chief Hicks again gets an F.
* To provide comprehensive health care for all enrolled members. He's not quite there is he? Not even close. Granted this has long been a tough issue with the tribe's dependence upon an underfunded Indian Health Service program, and with decreases in levy and casino funding that can be expected the tribe can't be expected to accomplish this goal. However, under Chief Hicks, the tribe lost its own pharmacy that would fill prescriptions that Cherokee Indian Hospital wouldn't. It also lost the Urgent Care Center that was turned over to the casino. There also is of course the aforementioned Tsali Care Center matter that neither Hicks nor his Deputy of Health and Medical Susan Leadingfox seem to want to address, at least not publicly. One plus, the Cherokee County Indian Clinic does have a doctor there two times a week, and has a great dental clinic. Here, the chief gets a D+.
* To continue state gaming compact negotiations without compromising tribal sovereignty. This is what led to the infamous Chief Hicks Temper Tantrum. The chief tried to expand the tribe's gaming compact to include table games and a second casino (likely in Cherokee County). Former Gov. Mike Easley asked for concessions from the tribe that intruded upon its sovereignty. While Chief Hicks was right to refuse, his reaction was embarrassing. He had the tribe's PR coordinator Lynne Harlan (I'm using the term PR loosely here), draft up a hate letter targeting Easley disguised as a press release and sent it to all of the area media. Easley criticized Hick's professionalism, to which he responded paraphrasingly "I know you are but what am I." Sure Chief Hicks didn't compromise the tribe's sovereignty. But he did compromise its integrity and its dignity.
When I posed the question about gaming compact expansion to then candidate Beverly Perdue, she wouldn't answer what she would do. Now Gov. Perdue is supportive of the tribe. She's even made trips to Cherokee personally. But it's hard to believe that she wouldn't ask for some kind of concessions from the tribe, especially given how cash-strapped the state is. Will the chief act more maturely then? We can hope, but so far tribal government under his direction has been hopeless. Chief Hicks gets an F in this initiative.
* To provide access to adequate, safe and affordable housing for enrolled members. Some of this has been addressed in the economic and community development initiative. All that can be added is that Qualla Housing was selling formaldehyde-riddled FEMA trailers, and Hicks said nothing. His housing division demolished a Snowbird woman's home, leaving her homeless, in hotel rooms, forced to rent some locations and even a formaldehyde-riddled FEMA trailer. It took major exposure in the media and embarrassment before any action was taken to fix her home. Chief Hicks gets an F here too.
* To revitalize cultural identification through language and traditions. There's not much that can be said here other than he separated the tribe's language preservation programs from the tribal historic preservation office, and the two really are intertwined. The only attempts at tradition from him have been what have been laugingly referred to as his "Sequoyah clothes" and a half-assed attempt to appear to speak Cherokee. Chief Hicks gets a D here.
* To enhance and expand educational opportunities for enrolled members. There are some new programs that students can use to pay for education. A couple of universities, most notably the University of Tennessee, have agreed with the tribe to drop non-state-resident tuition for tribal members. The Hicks administration deserves some credit for that. However, he introduced and had passed legislation that removed tribal levy funding for higher education and placed it into Marketing & Promotions. He likes to hire unqualified individuals for certain positions as well, even when qualified, educated tribal members apply. Here Hicks gets a C-.
* To eliminate illicit drug use and sales from the reservation. It's not fair to judge the chief on this one. Drugs were a problem long before Michell Hicks was chief, and they'll continue to be a problem long after his term ends. He certainly isn't anywhere near accomplishing this goal, but I can only give the chief an incomplete on this initiative.
If this were college, the chief would be given an overall grade point average (GPA), and based upon his marks here, that gives him a 0.56 GPA. That's a failing cumulative grade folks. A student at any university usually is kicked out for doing so poorly. In 2011 we need to remember this "student's" performance. The last thing he or we need is to keep him pulling down the curve. We can and should do better.

Legal Professionals Who Are Subject to Tribal Jurisdiction

The following who practice law in any form (attorneys, judges, justices, lobbyists or giving any legal advice on anything) on tribal land are subject to tribal criminal jurisdiction (if I missed any, please let me know):
* Hannah Smith
* Anita Johnson
* Robert O. Saunooke
* Patrick Lambert
* Kirk Saunooke
* Brenda Toineeta-Pipestem
* Wilson Pipestem
* William Boyum
Should Judge Bradley B. Letts return to practice law on tribal land, he also would be subject to tribal criminal jurisdiction. Any legal advice given by someone who isn't subject to the tribe's criminal jurisdiction should be taken cautiously, and a second opinion would be highly recommended.

Another Attorney General Who Cant't Be Held Criminally Liable in Tribal Court

According to easternband.com, Annette Tarnawski has been appointed the new attorney general, something most of us probably thought happened at least a year ago, especially those disgruntled Snowbird residents who had to sit through Ms. Tarnawski telling them ending their gerrymandered representation violates tribal law.
Of course I have my personal irritation with Ms. Tarnaski as her defense of the tribe in my lawsuit involves propagating the falsehood that I resigned from the One Feather as well as the fact that the Attorney General's office has yet to respond to my request for information made nearly seven months ago, despite the fact that tribal law states they had to respond months ago. I also didn't care for her ill informed assertion in front of Tribal Council that there were no tribal members who met the qualifications for editor of the One Feather. Aside from me, there are at least three. Just because none of them are willing to sell out journalistic values doesn't mean they aren't qualified.
However, the basis for my irritation goes much deeper than the fact that the Attorney General's office has now become Principal Chief Michell Hicks' and Tribal Council's personal legal counsel, a clear conflict of interest. The basis for my irritation is that Annette Tarnawski, who's a non Indian, can't be held criminally liable for her actions on tribal land. It doesn't impact her.
While that's not to say that there aren't or haven't been non Indian attorneys who've represented the tribe well and responsibly, too often I've seen the position advocated (by Indian attorneys as well) the the tribe has a "sovereign right" to govern any way it pleases, even if it disregards the inherent civil rights of individual tribal members. For non Indian attorneys there's no incentive to give responsible legal advice. Other than termination, they can't face any serious consquence.
So if Michell Hicks wants to build gulags for his political opponents, o.k. If he wants to execute his opponents for what he deems as treason, o.k. Well maybe that's extreme, but I wouldn't be too surprised to see proposed disenrollments with fabricated evidence along with a denial of due process for those who oppose the chief, all with the Attorney General office's blessings. This is the same office that drafted and got passed legislation that violates tribal employees' First Amendment rights. This is the same office that argued in front of Tribal Council that the principal chief is allowed to violate tribal law if it's in the form of an executive order.
Here's what the tribe should do. First of all, regardless of whether attorneys working for the tribal are Indian or not, it needs to be made clear that a respect for the civil rights of individual tribal members takes precedence. Attorneys who attempt to "get around" rights or act unethically should be fired immediately. The role of the Attorney General's office needs to be redefined. It should get out of the business of providing legal advice and focus on prosecutions. The executive branch and Tribal Council each should have its own legal counsel. These are supposed to be separate branches of government and having the same legal entity providing legal advice to both defeats that purpose.
The tribe's legal leadership has long been a part of the problem. It's why the "Red man" hasn't been able to "get ahead man." We certainly need to do better.

Recession, Depression - What Me Worry?

The tribe is on the cusp of an economic disaster as cash flow, spending and consumerism, the things that drive the tribe's economy, like the rest of the country, are just about coming to a grinding halt. The tribe itself has already admitted to budget problems through it's own state-owned publication that it tries to pass off as a newspaper. Programs have been asked to cut budgets. Employees are told to make do on their existing salaries while the cost of living continues to increase. They watch as their counterparts at the casino are being laid off. They watch surrounding governments cut services and jobs as well. Unquestionably they're worried, and for good reason.
So what is our leadership doing during these times of crisis? Principal Chief Michell Hicks increases his pension, and Tribal Council, with a couple of exceptions, went along with it. Teresa McCoy, a former Representative of Big Cove and two-time vice chief candidate submitted a protest, which was predictably denied. This pension, given the chief's and his wife's youth, will be ridiculously expensive. Plus thanks to a lawsuit decision in Ed Taylor's favor, should Michell Hicks be impeached, the tribe can't take his pension. He's set for life unless the court should rule that what he did violates the law, and that's not too promising.
While Wolfetown Rep. Susan Toineeta deserves credit for not going along with this through an abstention on this vote, she should be reminded that it's o.k. to vote to against a proposal if you have unanswered questions.
While it may be debatable whether Michell Hicks violated any law, as the attorney general's office would likely do since they'd rather represent Chief Hicks than the Eastern Band of Cherokee Indians, it's undebatable that the action was completely unethical. It was also completely and unquestionably selfish on the part of Michell Hicks, and I'm embarassed to have him represent this tribe.
Once again, and I'll be a broken record on this, we need ethics legislation, enforceable ethics legislation, because this is certainly an action for which an election official should be removed from office.

Park Reports Lower Visitation

Fewer visitors came to the Great Smoky Mountains National Park in 2008. This report comes after glowing reports from the Cherokee Historical Association that the tribe was defying the odds of everyone around Cherokee, and even in Cherokee. The casino's profits were down, and it showed in the per capita disbursements to tribal members. Now the National Park Service reported a decline in visitation, something that comes as no surprise.
I've stated before that I find it hard to believe that anything in Cherokee would be defying the economic odds. The two top tourist attractions, the national park and the casino, experienced declines in visitation. Cherokee businesses were closing their doors even during good times, and there isn't a single privately-owned business in Cherokee that wasn't negatively impacted by the economy (the One Feather's front page story of the tribal budget crunch is an indicator of this). But we're supposed to believe that Cherokee Historical Association attractions are bucking the trend.
The problem is nobody asks questions anymore, not even among the media, and they're the very ones who should be asking. We all know that the leadership of this tribe doesn't like questions, but that shouldn't stop us, especially when were handed a dung sandwich and told it's ice cream. Until we have leadership willing to be honest about what we're facing, we can't effectively deal with it. It's another symptom of a failing government.

Chief Hicks and the Court

The more I hear about the court system, the less faith I have in it. While I've seen actions from the trial court level that I've disagreed with, I still felt as though that level was fair. I don't have as much faith in the Supreme Court. It will be interesting to see what outcomes result from Terri Henry's case as it certainly demonstrates a double standard of the Hicks administration. How her case is handled will give me a fairly good indication of how my case against the tribe will be handled. I've certainly been done wrong, from the get go, and the Hicks administration at this point doesn't appear capable of being honest and accepting responsibility.
Regardless of how my case turns out, I still have no regrets about suing. The fact is Chief Hicks violated tribal law. He violated a tribal member and American citizen's civil rights, and he needs to be held accountable. When Tribal Council won't do it, the court is all that's left.
Whether or not Chief Justice Bill Boyum is a good friend of Chief Hicks, here's the facts that lead me to question whether anyone with a case against Michell Hicks can get a fair trial at the Supreme Court level:
* The justices are all appointed by the chief. While that's how it goes in many democracies, it still brings objectivity into question, just as it did the U.S. Supreme Court with Bush v. Gore.
* The justices are tribal employees, who ultimately answer to the chief. Their paychecks are signed by the chief. The chief has hiring and firing power over the court system.
* One of the justices Brenda Toineeta-Pipestem, is married to Washington lobbyist Wilson Pipestem. Guess who has direct control over his contract with the tribe.
While I hear things about the behavior of Chief Justice Boyum, none of which I can verify at this point, which would cause me to question his objectivity, these three facts alone bring the objectivity of the entire court system into question, and it's not necessarily a problem with Michell Hicks. It's the way the system is set up, and the flaws in the tribe's governing document. Those need to be addressed in order to build a justice system the tribal members can trust and respect.

The Other Side of Lynne Harlan's Latest

The latest piece in the Asheville Citizen-Times from Lynne Harlan once again speaks so highly of the tribe's actions to take care of its future. Why the Citizen-Times can't tell when one of its columnists, who's the tribe's PR coordinator, is not writing merely to express opinions but in the capacity of public relations is a mystery to me. Evidently the Citizen-Times doesn't have a problem with posting material that's ethically questionable.
While certainly Lynne is entitled to her opinion, the other side of her debate deserves to be heard.
Point by point refutations:
* "This year, the Cherokee Central School System will say farewell to aging buildings as it moves to the new multimillion dollar facility on Ravensford." While the schools needed a new location, and it's great that local input will be sought, the school system is a hangover of one designed to make Cherokee children second class citizens. It's a hangover from which Cherokee Central Schools has yet to recover. Too few children graduating from Cherokee High School have gone to college, and average SAT schools have been so low that they wouldn't even qualify to get in the bottom tier schools of North Carolina. That's a problem that won't be fixed with new buildings.

* "The tribe will open the Sequoyah National Golf Club. Much of the basic construction is completed. Sequoyah National will also mark a milestone in the tribe’s efforts to provide resources which can benefit our youth." This is a project that could've been done by private investors at no cost to the tribe. While they brag about Robert Trent Jones, II involvement, competition from a course designed by Tiger Woods near Asheville will be tough, particularly among younger and hipper golfers.
Harlan also speaks of language preservation, which is a good thing. But one particular aspect about language preservation, kids have to be immersed in it constantly. When they're in situations where they mostly speak English, that's what they'll learn. It's be great to preserve the Cherokee language, but it's an uphill battle, one that many among tribal leadership won't concede. We need to deal with the challenges in order to overcome them.
While writing pieces bragging on the wonderful things the tribe is doing is one thing, Harlan could at least could make them interesting. The boredom and trite verbiage makes them hardly worth debating. It would be nice if the Citizen-Times would actually seek out varying points of view other than those approved and advocated by tribal government.

Bill Killian Stinks It Up Again

No offense to Bill Killian, admin for easternband.com, but he brought up an old odor again through this posting. Then again, sometimes you have to pump out the septic tank to make it work properly, so I should thank him, especially since it keeps drawing attention to the issue of press freedom.
In 2005, the same year my sister-in-law, who's a critic of Chief Michell Hicks, ran for Council in opposition to Angie Kephart, Bill Killian paid for an advertisement to run in the One Feather urging tribal voters to vote for candidates who would oppose Michell Hicks' agenda. The ad was no different from the type of advertising run by former Congressman Charles Taylor. Sure it could be classified as mudslinging, but it's politics. That's what happens. Besides I'm always in favor of furthering political debate.
I wasn't terribly surprised to get a letter from our thin-skinned chief. I was surprised at the defamation of character accusation. When I was asked by Killian if I caught any crap over his ad, I told him the chief accused me of libel. He soon afterward posted about the chief's accusation on his site. Then all hell broke lose.
I got called into Mary Jane Ferguson's office and harshly lectured about what's appropriate to put in the paper. Michell Hicks had a temper tantrum in front of Council, even conveying a veiled threat against my job. I was written up for disclosing confidential information, which consisted of me mentioning a few words to Killian about the chief's unpublished letter, which was scheduled for publication in the next edition. What happened after that was then Attorney General David Nash submitted nearly the same letter as his own. The only difference was the chief's defamation accusation was deleted.
I'm glad to finally have the opportunity to get that out in the open, because the chief's interpretation of personnel policy on confidentiality would've been used against me. It also provides an insider's insight to what lengths the Hicks administration will go to mislead the public. It turns out that the chief would create another interpretation of the personnel policy to use as an excuse to remove me from the One Feather. Freedom of the press appears to be an ongoing issue, and Chief Hicks still seems willing to go to great lengths to keep the truth from the public and to squelch dissent.

Tribal Council Violating Tribal Law?

Someone on easternband.com noted that Tribal Council is violating tribal law by not having tabled ordinances published in the One Feather. For the record, yes those are required to be published, and more than likely Council would point its fingers at the One Feather.
While I was editor of that paper, I never liked that requirement. Requiring any publication to publish anything without compensation violates free speech and free press rights. No one seems to have caught on that this requirement conflicts with the tribe's free press act, something that Chief Hicks and Tribal Council have decided it's o.k. to violate on other occasions.
It's just another example of selective enforcement, which is par for the course for this Tribal Council and chief.
While I still don't like this requirement, Council can do better to keep its constituents informed. They can create it's own website, much like the NC Legislature where visitors can actually look up statutes and proposed legislation online. Imagine that! Plus its a great way to keep tribal members living abroad and serving in the military informed, which is why I don't think tribal government will be in a hurry to make it happen. It's much better than publishing it in a newspaper that many people tell me they never read, and has no website.

Protest Filed to Chief's Irresponsible Retirement Plan

I've got to give props to easternband.com. While I don't always approve of the way things are presented on that site, it probably does more to keep tribal members informed than tribal government can possibly hope, or desire, to do. I've noted before that Tribal Council approved an asinine proposal from Chief Hicks to allow him to draw a huge portion of his retirement upon leaving office after two terms. That means he can get his retirement benefits well before the age of 59 1/2, which is the minimum age for just about everyone else to draw retirement.
Not only is the plan smug and arrogant, it's financially irresponsible. Teresa McCoy, a former Big Cove Council Rep. and two-time candidate for vice chief, filed a protest asking Tribal Council to rescind the action, which Council can possibly make amends to its constiuents by doing. It was unwise and reckless.
McCoy and I have differed on some issues in the past, however, none of our disagreements have been taken personally, a world of difference from Michell Hicks and Cherokee County Snowbird Rep. Angie Kephart, who both advocate an absolutist and elitist position of "you're either with me or against me." It's why a number of people are so unwilling to cross either of these individuals, and why so many tribal employees and tribal business owners are scared to death of tribal government.
I've always believed in the philosophy of Edmund Burke. To paraphrase the Irish philosopher, "All it takes for evil to triumph is that good men do nothing." No good will come out of the chief's self-serving proposal. Furthermore, it would do a world of good for the tribe during these economic hard times, which are just beginning, that its leadership demonstrate a willingness to sacrifice. If Hicks, Vice Chief Blythe and Tribal Council aren't willing to do that, then they need to be booted out the door. While some will suggest that McCoy has a political motive, that doesn't matter. It's the right thing to do.

Crime and Justice on Cherokee Land

I regret that I haven't been updating the Cherokee Times website as frequently as I would've liked. I have some necessary obligations to take care of first, but I will update the site as soon as possible. I can't, however, overlook this submission for "Rants and Raves" and felt the need to post it prior to appearing on the Cherokee Times site.
"In the One Feather toilet paper on January 21, I looked at the 'Cherokee Tribal Court Judgment Summary' for the court dates of January 9 and January 13. I'm literally in disbelief at our Court system. Read for yourself people! In total, there were 17 defendants who had 36 charges. 33 of those charges were 'Dismissed by Prosecutor' or 'Dismissed at the Request of Prosecution.' My calculator tells me 91.7% of all charges were DISMISSED! Out of the domestic violence cases on January 13, there were 9 defendants who had 19 charges put on them by the law for domestic violence. EVERY SINGLE ONE OF THOSE CHARGES WAS DISMISSED. Unbelievable! Why make our people pay hundreds of thousands of dollars for expensive court salaries when everything just gets DISMISSED and CRIMINALS GO FREE in this kangaroo court."
Of course the court isn't totally to blame. These cases could've been poorly or improperly investigated, or there was just insufficient evidence. Of course it could also be that the prosecution just didn't want to do its job.
What's disturbing is the domestic violence issue, and it shows a major symptom of a sick society. Tribal government doesn't take this issue seriously, and with the two top elected officials having a history of domestic violence, I wouldn't hold my breath waiting for them to effectively deal with it.
It's clear we need elected officials who truly understand or will at least attempt to understand the terror and the suffering domestic violence victims experience. It's because of this, I will truly look upon Chief Hicks with disgust every time he signs a domestic violence proclamation.

New Hope With Stern Warning to Abusive Leaders - Pay Attention Mr. Hicks

Obama during his historic inaugural speech gave this warning to despotic leaders who govern with no accountability, who keep their citizens under a boot heel:
"To those who cling to power through corruption and deceit and the silencing of dissent, know that you are on the wrong side of history, but that we will extend a hand if you are willing to unclench your fist."
I hope that Principal Chief Michell Hicks was listening carefully and intently. Obama's election signifies a people's desire for change. It also signifies a triumph over a machine clearly designed to exclude certain segments of society. The elitist exclusionary tactics of the American political process are not unique. Tribal politics operates in much the same way. Times changed for America, and it's only reasonable to assume that tribes will follow suit. Power is like sand. Grasp too tightly, and it starts slipping through your fingers.
I've got my doubts that Hicks will unclench his fists, but this should serve as a stern warning. Chief Hicks, your leadership is on borrowed time.

Casino Announces Cutting Jobs

Monday's Asheville Citizen-Times noted Monday, what many of us knew well in advance, Harrah's Cherokee Casino is cutting jobs. Principal Chief Michell Hicks, who seems to be the Citizen-Times' go-to guy for any comment, even when it's an area in which Michell Hicks has no credentials, actually acknowledged that the tribe could be in for some tough times. He said back in November that tribal leaders started cutting costs, but that didn't stop him from introducing legislation recently to enhance his retirement benefits.
Tribal leaders have known since the casino's inception that the tribe can't only depend upon gaming as its sole revenue source. With the current turns in tourism trends, that now has happened. The tribe needs to take a good hard look at ways to develop the economy, other than Wal-Mart, which has been shown in some statistics to actually hurt local economies. In addition, the profitability of Wal-Mart isn't that rosy either.
Cherokee needs not only to look at ways to get more money out of the tourists currently coming to Cherokee, but how to attract new visitors and get repeat visitation. It also needs to look at ways to get residents spending locally. In all of these areas, tribal leadership has been failing.

Tribe Needs Tools to Effectively Deal With Unethical Leaders

It goes without saying that the country is headed for hard economic times. It's also been evident that the tribe's leadership has decided that the best course of action to prepare for these hard times has been to pretend it isn't happening. This latest endeavor during these times demonstrates the most selfish of acts and a shameful lack of ethical standards.
As it is, the tribe is already going to be between a rock and hard place over the retirement benefits it offers to tribal employees now, in addition to the benefits to elected officials, neither of which it can afford. Sooner or later the tribe is going to have to make tough decisions.
Now is the time for the tribe's leadership to truly demonstrate much needed leadership qualities, the type of selfless qualities demonstrated during Franklin Roosevelt's days.
That's why it utterly incredulous that Principal Chief Michell Hicks would introduce a proposal that would allow him and his wife, along with the vice chief and his wife to get 75 percent of their already outrageous salaries upon leaving office. Keep in mind, assuming this is the chief's last term in office (if the elections are fair and we even have elections in 2011), before being anywhere near the age of 59 1/2, he, or his wife who's a good deal younger that he is, can draw a good portion of his retirement. Council members wanted the same deal.
I've got to give kudos to Wolfetown Rep. Susan Toineeta. I've had my disagreements with her, but she at least wanted to research the issue before diving headfirst into a cesspool.
Not only is this proposal selfish, it's a conflict of interest and unethical. It brings up, once again, the need for ethics laws, which no one in tribal leadership at this point seems in a hurry to pass. There are governors who are now convicted felons who had higher ethical standards then this administration and council. It's not the first time Chief Hicks has used his authority to benefit himself and his family personally. Those of us who were tribal employees at the time remember the executive order requiring the tribe to use a hardware store owned by his wife. He sat on a committee that approved a water tower lease on land owned by his father.
This is disgraceful, and Tribal Council has been unwilling to hold him accountable or to any kind of standards. We need Tribal Council members who know the role of Council. Sometimes it means having to hold the chief or other elected or appointed officials accountable when they behave illegally or unethically. It also means adopting legislation that provides the tools to keep elected and appointed officials in line. It means we have to elect council members who won't be another cast member in the executive's twisted puppet show.
I won't hold my breath waiting for this council to grow backbones, but council does need to follow the example set by the Illinois legislature and properly sanction elected officials who abuse the public trust.