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.

Embezzlement at Cherokee Historical Association

An embezzlement scam was uncovered from two ticket sales staffers at Cherokee Historical Association (CHA) operated Oconaluftee Indian Village. The organization also operates the outdoor drama "Unto These Hills."
Let's hope the organization can regain its lost money. Furthermore, let's hope that charges actually result. One interesting point to note, WLOS reported that the CHA has struggled to keep operating the drama. It wasn't that long ago that CHA stated that it was bucking the trend of declines in visitation.

Arrests Made in Connection to TOP Fire

The Asheville Citizen-Times reported that three have been arrested in connection to the fire that destroyed the Tribal Operations Program office. None have been charged with arson in the fire, which is what Cherokee Police have stated was the cause, but they have said that items from the TOP office were found in their possession. Hopefully an arrest for the arson will be made soon. It would be the first in a long time, since a number of suspicious fires have occurred at businesses and properties in Cherokee with no resolution. The case is still unsolved and those with information are encouraged to call the Cherokee Police Department. 828-554-6168. There is a $5,000 reward for information leading to a conviction.

US Attorney Appointment to Happen

Gretchen Shappert, the U.S. Attorney for the western district of North Carolina, will be up for replacement as President-Elect Barack Obama takes office. Shappert oversees prosecutions of federal level crimes and most felony crimes committed on tribal trust land for the Eastern Band of Cherokee Indians.
Shappert has been a great asset, not only to the western district, but to the Eastern Band of Cherokee Indians as well. She's advocated for domestic violence victims, and has been a dedicated crime fighter on tribal land. Recently elected Sen. Kay Hagan (D-N.C.) will recommend an appointment to replace Shappert, a Republican appointed by President Bush in 2003.
I hope that Hagan will recommend someone who will continue what Shappert has started. I, along with many other tribal members, will miss her, and I wish her the best.

Harrah's Rates Among Worst Employers

Glassdoor.com, a career and workplace community that posts real-time reviews, and salary details about specific jobs for specific employers basing their ratings from information coming from employees of these companies has rated Harrah's Entertainment among the country's worst employers. Harrah's CEO Gary Loveman received a 30% approval rating.
This is a major concern as Harrah's manages the casino for the tribe, and General Manager Darold Londo is a Harrah's employee. While Harrah's Cherokee Casino likely pales in comparison to the hostility of the work environment for the Eastern Band of Cherokee Indians (I'd love to see what Principal Chief Michell Hicks' approval rating among employees and tribal members in general), the work environment has been growing increasingly hostile, and Londo is directly responsbile for that environment.
Let's start out for one particular VP position that came open. Londo passed up two highly qualified tribal member applicants for the position, basing his decision on their lack of expereience in all the areas for which they would supervise, and he hired a non Indian applicant, who had similarly lacking qualifications. I've seen first hand his "employee engagement," which consisted of family events whereby he and his wife would separate themselves from the employees at these events.
Let's also not forget the undercover downsizing that happening despite the fact that the casino is still profitable, and of course we've not heard one word from Londo about what Harrah's is doing to honor its contractual obligations to get tribal members ready to run that property.
The casino business is a demanding one, which often requires sacrifices of personal time and time with family. Add the hostility that's existed unabaded and even created by Londo, and the casino stands to lose some of its most valuable employees. People tend not to want to work in places where they clearly aren't appreciated.
The Tribal Casino Gaming Enterprise seems unwilling to address the workplace environment issues. Neither Tribal Council nor Chief Hicks seemed concerned, and why should they be? These two entities have been ignoring workplace hostility for tribal employees for decades. The tribe prohibits unions through an ordinance passed a few years ago, and that violation of the tribal and casino employees' civil rights has been hailed as one of Council's greatest accomplishments. It's just the kind of situation that would allow an employer with low employee satisfaction to flourish. As for Michell Hicks, as long as he can stand naked before the mirror and admire his new suit, that's all that matters. I wouldn't expect our current leadership to do anything.
While it may not yet be time for the tribe to take over management of the facility, it is time to shop around for another management company, possibly one that may actually value its employees and honor its contractual obligations.

Happy 90th Birthday Grammy

Tomorrow I'll be down in Auburn, Ala. to celebrate my grandmother's 90th birthday. Words can't express how much I admire this truly remarkable woman. She's lived through the Great Depression, her husband serving in combat as Captain of the S.S. Norman Scott (which was torpedoed under his watch) in World War II, two sons called to service during the Vietnam War and on Sept. 11 one of her sons, an employee of the Port Authority, reported to work at the World Trade Center and ended up watching the whole event from Staten Island. She and my grandfather raised four children, all of whom became college graduates, and they did it while taking care of her aging parents. She's been through it all, and with the strength and stability she has shown, she's been inspirational to me.
She just recently had gall bladder surgery and recovered quickly. Aside from crippling arthritis, she's in good health. I wish her many more happy birthdays.