Chief Saunooke Bear Park Found in Violation of Federal Regulations

The story speaks for itself. It should be noted that Chief Hicks has fiercely defended this and other such "attractions," even to the point of declaring that the bears are well cared for. This USDA inspection report says otherwise.
With all the tough talk from the chief over "sovereignty," how about our tribal government act like a sovereign and regulate. I don't agree with the tactics of PETA to boycott Cherokee in its entirety, but these wild animal displays are clearly a black eye upon the tribe, and tribal leadership has the power to do something about it, other than run Bob Barker off, who given his charity work over the years, deserved more respect than our tribal leadership has shown him.

How do We Come Up With $9 Million?

I can't say that the tribe can come up necessarily with $9 million to make up for the shortfall in its budget, but I do have some money saving suggestions.
* Close down all projects run by the tribe that have become money pits. This includes the theater and the golf course.
* Review certain services and those that aren't essential, like home senior citizen repairs, put on hold.
* Freeze all travel. This I understand is already being done.
* Abolish the deputy level of tribal government. While I don't like to see layoffs or reductions in staff, this is a completely unnecessary level that only serves to insulate the chief further from being accountable to his constituents.
* Cut pay and benefits to tribal elected officials. I don't want to hear that crap about how hard these guys work. Some do. But some aren't worth the paper their checks are printed on. It's the height of arrogance to serve one's self while the constituents struggle to make ends meet.
These options are far better then mass layoffs, or implementing or raising taxes.

Transparent as a Cinder Block

“It’s tough to discuss, but I also think it’s healthy,” said Principal Chief Michell Hicks, the One Feather reported. This was in reference to the $9 million projected shortfall in the tribe's budget.
If hypocrisy is the greatest luxury, Chief Hicks is living in the lap of it. His response to casino projections falling short of those that the tribe's leadership banked upon to do its budget planning was to throw the casino under the bus and point the finger for the lack of communications coming from the casino.
Yeah, let's not accept any responsibility chief. You could've asked for that information at any time, and you would've gotten it. Remember when you were director of finance under Joyce Dugan. You and I used to collaborate to publish that information. We were required by law to publish it. Then one day it just abruptly stopped.
Let's not also forget that you vetoed the public information law, and no enforcement is occurring in cases of non compliance. I won't go into your refusal to abide by the free press act, even amending it so that one of your lapdogs would automatically be on the editorial board, taking away any opportunity for future chiefs and council members to have a say in the appointment process. (You won't be chief forever, despite the assertion of some of your supporters that you were ordained by God to be our chief.)
Chief, I actually could respect you if you'd own your mistakes, accept responsibility and work to prevent occurrences in the future. What we get is you standing naked in front of the mirror while Tribal Council lauds your wardrobe choice.
In the meanwhile, how about we start basing budget plans on realized revenue instead of projections.

$9 Million Shortfall for the Tribe

A $9 million budget shortfall - anyone surprised? Not me. This is reckless. Please remember this next chief's election, and elect someone who'll do more than throw Harrah's under the bus.

Huffington Post Reports Compromised Ballot Secrecy; Is the Same Thing Happening in Cherokee?

The Huffington Post Reported that ballot secrecy in elections is being compromised. I've long alleged that the same thing could occur (if it hasn't already happened) in our tribal elections, something clearly biased election board members have denied.
Think about it. Voters sign their names on a line that is numbered. In some polling stations, their ballots register the same number after their ballots are scanned. This is particularly problematic in smaller communities like Cherokee County.
I've long felt that incumbent candidates knew exactly how I voted, which may have, at least in part (I'm aware that certain tribal politicians aren't fond of tribal members who voice their opinions or ask questions), explain their hostility. One supporter of Principal Chief Michell Hicks even argued that I deserved to be fired from the One Feather because I supported his opposition. Now how can that person be sure? Turns out they can be sure.
If this can happen at well organized elections required to have high professional standards, this can happen in Cherokee where compromised objectivity, competence and professionalism have become the norm.

Cherokee Residents Arrested in Tennessee

Residents of Cherokee were arrested in Tennessee and charged with armed robbery, according to the Cherokee One Feather. I don't really have a comment on the story itself, but I do have to note the source to the One Feather: The Pigeon Forge (Tenn.) Police Department.
While I can certain express my appreciation to the Cherokee Police Department for providing information to me, and to the Cherokee Times (likely against Principal Chief Michell Hicks' wishes), the tribe, as a whole, has a long way to go to let the sunshine in.
I must note that a request I made for information two years ago to Attorney General Annette Tarnawski still goes unanswered. The tribal public records law requires that either the requested information or an answer as to why it was denied must be given in 15 days. So far the only excuse offered by her office is "we've been busy."
The case in Pigeon Forge demonstrates the vast difference between other governments who honor the concept of open government and tribal government. The event in question happened last Saturday. The following Monday, the One Feather had enough information to run with a story.
Two days as opposed to two years.

Picking Apart the Chief's Report

I was always sickened by the community reports from Principal Chief Michell Hicks. They often glossed over reality and were nothing more than self-serving horn tooting. I resisted his demands to place them on the front page because to do so blurs the line between public relations and journalism. Had I had qualified supervision who was truly interested in protecting the One Feather's credibility instead of helping her King of Utopia grandstand, that supervision would've stood behind me.
Anyway, with the One Feather's new tabloid, magazine-styled format, the placement of the latest chief's report amounts to front page coverage.
Here's point by point debate (something he hates) on his report. His statements are in italics. My answer is in regular font.
Chief Hicks - I hope everyone enjoyed the July 4th Holiday, and took the opportunity to give thanks to those that have fought and continue to fight for our freedom.
I did, and I actually honor what they fought for. Thus far, the chief has only paid lip service to those ideals.
Chief Hicks - (Referencing the 2010 annual report to come)I am very concerned about keeping enrolled members informed about the position the Tribe is in, and what projects our tribal programs are working on.
How about asking the Attorney General's office to follow the access to information law. I made a request for information that is now two years old. Just because the office "is too busy" is not an excuse, nor is the fact that information I requested may have been embarrassing to elected officials. And I hope this report will be more informative than reports of the past, which tended to report information selectively. Part of keeping enrolled members informed is allowing them to access what should be public information independently. The chief, who opposed the freedom of information law, isn't known for being a proponent of sunshine.
Chief Hicks - (Referencing his presentation to the Governor's Economic Development Task Force, which significantly featured the casino) Approximately 39 % of the workforce at Harrah’s is from Jackson County and 36% is from Swain County and all profits from the Casino are re-invested in the community and the region.
He fails to mention the portion that's tribal members. He's also vague about how those profits are "re-invested." Some tribal members who are unemployed may be using their per capita payment to make ends meet, which hardly boosts the economy. I also wouldn't be bragging too much on the theater and golf course and other tribally-funded projects that could've been done by private enterprises at no cost to the tribe.
Chief Hicks - The EBCI Jail Committee met recently to discuss the progress being made on the jail project and to work through potential roadblocks to our success.
I actually support a tribal jail, which has been needed for a long time. It actually can be a revenue driver for the tribe should it provide space to accommodate prisoners from the counties.
Chief Hicks - I recently had a meeting with the Golf Course Committee members to discuss their financial situation and how things are progressing on the course. The overall drop in the economy has affected Sequoyah National just as it has affected all other businesses. However, they are still doing well despite any problems experienced.
Of all the executive branch's pet projects, none irritates me as a tribal member and stake holder than this one. A private developer proposed just such a project. It would've been done at no cost the tribe. It would've been a revenue driver for the tribe. Instead the chief, vice chief and tribal council felt it would be better to take out a loan and the tribe fund it and run it. The chief says it's doing well; I say show me the books.
Chief Hicks - I hope everyone enjoyed the Tribal picnic last week.
Not that I think things done for tribal employees are a bad thing, but some employees may feel that bonuses for good performance would be preferred, that could happen if some of these events were scaled back.

Cherokee High School Football Coach Resigns

I've had my disagreements with Cherokee High School football coach Skooter McCoy, particularly over a "Rant and Rave" submission that suggested a player of his put on some weight so he'd be more attractive to college recruiters. Neither he nor any other tribal government objector ever asked what I was thinking when I as editor of the One Feather placed the rant. I felt it was in humor, but they didn't see it that way. But I digress.
I feel like Coach McCoy was pressured to leave. I know all too well the politics of Cherokee. McCoy was the most successful coach that school ever had. To have that kind of success, a coach needs to keep his team disciplined. I suspect that a player, or potential or former player, didn't like the discipline McCoy dished out. Childish complaints probably went to parents, who instead of respecting someone who tries to give their children the tools to succeed in life, went to their council member or school board member and complained. The next thing that happened, a winning coach is out.
This was McCoy's statement to the One Feather, "Unfortunately, recent issues within the Central School Board and administration, along with other internal problems, have brought me to the point of rendering my resignation as head football coach. I stand firm in believing there will never be room for politics and personal agendas in high school athletics." That's the case everywhere Mr. McCoy.
One would think that a man with McCoy's talents and abilities would have people storming the bastille to defend him. One would think that the tribe's elected leaders would make statements in opposition to this kind of mentality. Unfortunately the tribe has an established pattern of running off talented and clearly qualified employees in favor of relatives and cronies.
I wish Coach McCoy well. Any football program would be lucky to have you.

Happy 4th of July Everyone

Happy Independence Day folks. Despite the opinions of tribal politicians and the non Indian attorneys representing the tribe in the Attorney General's office and in lawsuits, the Bill of Rights from the U.S. Constitution does apply to members of the Eastern Band of Cherokee Indians living on tribal lands. Remember the sacrifice that made that so. Remember that those who argue otherwise are profaning everything that Americans, like Charles George, gave their lives to protect, and be sure to remember during tribal elections next year.

Lest People May Think I've Softened on Michell Hicks

What's the difference between God and Principal Chief Michell Hicks? God never claimed to be Michell Hicks. Have a good one.

Tennessee Commission Declares Fake Tribes as Cherokee

One of the things I've said in Tennessee's favor is the fact that officials in Nashville had enough sense to not recognize tribes. They in some form or another have dealt with real Cherokee tribes and while not necessarily agreeing on courses of action, Tennessee respected Cherokee tribal sovereignty. That all changed when a group of self-serving individuals cloaked in secrecy, denying public comment, decided to recognize six groups, some claiming to be Cherokee, as tribes.
Now these phony baloney "tribes'" members can claim minority status. These groups can get housing funds, scholarships and other funding, taking it away from legitimate tribes who actually need it. The Cherokee Nation of Oklahoma, one of three real Cherokee tribes, has filed suit in Tennessee challenging this act.
What I've read from these "tribes'" leaders is the same load of crap I've heard all over from the descendants of Cherokee princesses everywhere when they're challenged. "We hid our heritage to avoid persecution." The vast majority of these groups can easily pass as other races. While there are members of the legitimate tribes who can do the same, there are plenty of tribal members who couldn't "pass."
When I hear about those poor individuals who "hid" their ancestry I can only convey a sense of insult. These individuals didn't go through the boarding schools. They didn't experience discrimination, nor did they ever experience the caustic nature of tribal politics, nor do they carry the baggage that real natives carry, but we're supposed to recognize them as Indians.
Now I will concede that it's likely that many people who claim Native American ancestry will be truthful, but It's a huge leap from having the DNA to actually being part of the culture. I have Irish ancestry, but that doesn't make me an Irish citizen, and I don't claim to be one. I've watched groups like those Tennessee recognized for a number of years. What I've seen is them perpetuating stereotypes, alienating themselves from legitimate Cherokees and contributing nothing toward the betterment of life for Native Americans.
The real Cherokee tribes deserve better than this from a state that's home to and even reveres the most racist president the U.S. has ever had in Andrew Jackson. While I support little of Principal Chief Michell Hicks' agenda, his opposition to this recognition is one area in which I will stand behind him.

Cherokee Times Online to Make a Comeback

I'm going to try to revive Cherokee Times Online. While right now, I don't know how much I can put into it, but the tribe is in desperate need of an independent publication. Internet is cheap, but right now it will be just me doing it, and my time is limited. Hopefully I can make it fly again. But the focus will be strictly news.

Lawsuit to be Heard in October

So far, my lawsuit against the tribe has been scheduled for Oct. 18 and 19. For those who aren't familiar with my situation, I was fired as editor of the Cherokee One Feather in 2007, shortly after Michell Hicks took office for his second term as principal chief. During the election that year, I reported on a break in at the tribal election board office after the primary in which Hicks took first place. Ballot boxes were broken into and items retrieved. I also reported that during the general election 60 voters in Wolfetown were disenfranchised. The difference between Hicks and his challenger Patrick Lambert was less than 60 votes. There also was a slight lead for Council Rep. Susan Toineeta over candidate Dwayne Jackson.
Hicks on the day of his second inauguration issued an order to abolish the popular "Rants and Raves" column. One month later, using a politically motivated interpretation of the tribal personnel policy, I was removed as editor of the One Feather.
The liars that they are, Hicks and his lapdogs are claiming I resigned, and his attorneys are focusing on whether it was appropriate for me to state certain opinions in other publications while using my title. Funny thing is, none of this seemed to apply to Lynne Harlan, the tribe's PR coordinator, who also writes for the same publication.
I look forward to the truth coming out and my side being heard.

Who's Paying the Bills

The Sylva Herald had an article about how no one seems to respond to invoices sent to the tribe. Hmm, that's no way for a government led by an accountant to act. Someone needs to rectify this situation or else the tribe stands to ruin its credit, if it hasn't already.

The Uproar of the Cherokee County Land Deal and the Casino

There's not much that I feel like commenting about this issue, but many in the public feel that something wrong occurred, and in large part, this can be attributed to the closed-door manner in which it was handled. Chief Hicks still doesn't get it. When you do things while hiding, people get the impression you have something to hide. Do you chief? If not, then open the doors.
That said, I look forward to what a gaming facility can do for Cherokee County, which has the highest unemployment rate in the state.

Oh, So Now Wal-Mart is Bad

The tribe's PR coordinator, Lynne Harlan, has a zinger of a piece bashing Wal-Mart in the Asheville Citizen-Times. Not that I disagree with the assertion that tribal members shouldn't shop at Wal-Mart, but her piece, as I've become accustomed, only looks at the issue from one point of view and makes an entirely false assertion, "Our community was disappointed." No, the Cherokee community's opinions were mixed. Some suppported it, but others opposed it.
Harlan is once again towing the line of her bosses, who never sought public opinion to see whether people in Cherokee actually wanted the damn store. It's not only basic marketing, it's basic public relations.
What would be nice is to see why so many businesses don't want to do business in Cherokee or on tribal land. I won't hold my breath waiting for that column from Harlan because it shines a negative light on her bosses, for whom her columns in the Asheville Citizen-Times have puffed up.
Many businesses don't want to operate in Cherokee because they have to seek permission from politicians, and it's from politicians who have a reputation for not playing fair.
That likely has more to do with why Wal-Mart didn't locate in Cherokee, not as Harlan suggested, that money spent by Cherokee people isn't valued. That's not to mention that for those who support Wal-Mart locating in Cherokee in the future, which Wal-Mart has not ruled out, Harlan's piece just may have ensured that the mega-store giant will bypass Cherokee for any future locations.
And for the record, I feel that Wal-Mart would've ruined Cherokee. I opposed it.

World Press Freedom Day

Amnesty International is shining a light on journalists who fight for press freedom. The human rights organization has been focusing this effort on journalists in countries like China, Iran and Zimbabwe.
Unfortunately, there's no focus other than that from the Native American Journalists Association, on the fight for press freedom in Indian Country. While native journalists who challenge tribal governments aren't being jailed, nor executed, the struggle for press freedom is still just as elusive as it is in the autocratic countries where Amnesty International puts its focus.
The Eastern Band of Cherokee Indians, for whom I worked until a chief, who questionably got reelected to office, didn't like the fact that I challenged the legitimacy of his reelection, among other issues for which he didn't approve of my coverage, fired me. It's the perils of working for a tribally-owned publication, despite laws to guarantee tribal press freedom.
I was hired in 1996 to act as a journalist. My job description never changed. I followed the profession's code of ethics to the best of my ability, among which was to give a voice to the voiceless and hold elected officials accountable. The ones who fired me in 2007 didn't see it that way. The current administration even attempted to censor non-tribal media as well through closed sessions, denial of information and threats.
There is no Cherokee medium holding Eastern Cherokee officials accountable now as the tribal newspaper is a shell of what it once was. It'd be nice to see Amnesty International look in its own back yard.

Wal-Mart Bails on Cherokee

I hate to say I told you so, Chief Hicks, but I told you so. So far, other than a few face lifts to a handful of souvenir shops, and a tribally-funded movie theater built for a cost well above for what it could've been done, Wal-Mart seemed to be the only real economic development initiative Michell Hicks had for Cherokee. Well, as Wal-Mart has done to the city of Clyde, it bailed on Cherokee with the tribe holding the costs of site development, and I'm willing to bet, construction as tribal government bent over backwards trying to bring the Mecha Godzilla company to Cherokee. How much has the tribe spent trying to bring it here? Good luck getting an answer, as chances are your council members probably don't even know, and Chief Hicks isn't known for being the most transparent chief.
The sad thing, just as it's been with so many of the chief's controversial initiatives, the tribal members who lived in Cherokee were never even asked whether they wanted Wal Mart there. Many of the retailers in Cherokee clearly didn't want it.
Here's a thought though, since so many pushing for this monstrosity argued it would save tribal members a trip to Sylva, how about charging tribal levy on gasoline, which would make a huge difference in price, plus actually and noticeably increase tribal levy? Chief Hicks, if you can make that happen, I will definitely have words of praise for you, something that hasn't happened often during your "proven leadership."

Rest in Peace Carolyn Rose

Carolyn Rose, passed away April 21. She was the wife of Don Rose. Don Rose helped fund the way-too-short lived Cherokee Times, taking a major risk. Don was extremely generous in that endeavor.
Don was also extremely supportive of me, particularly after I was forced out of the One Feather. He's definitely one of the most generous people I know.
My heart and prayers go out to Don and his children during this difficult time.

Tribal Job Fair Wednesday

The Eastern Band of Cherokee Indians is holding a job fair at the casino Wednesday.
At the risk of sounding bitter, like the vast majority of former tribal employees, this is what I encountered during my 11-year tenure of tribal employment (I'm not singling out Chief Hicks for this one. These problems were prevalent under all four chiefs for whom I worked.):
* Nepotism - family members of politicians are often pushed upon those making recommendations for hiring, regardless of qualifications;
* Cronyism - friends and supporters of politicians are often pushed upon those making recommendations for hiring, regardless of qualifications;
* The most hostile work environment - especially if it should be known that you didn't support the elected officials currently serving;
* Incredibly frustrating bureaucracy and waste - if you're a manager of any tribal program, expect some pencil pusher to look at the surface of what you're doing and need to do, and then use some guideline or procedure to interfere;
* Incompetence abounds - because of the first two problems mentioned, it's quite common for those who've obtained credentials to do certain jobs (degree, certifications, licenses, etc.) to have to answer to a supervisor, manager, director or deputy who knows absolutely nothing about what they're supposed to do. In many cases such individuals admit their shortcomings, but in some cases they feel that their unmerited placement in their positions makes them experts who know more than the professors, certification boards and licensing agents who bestowed those hard-earned credentials.
* Many tribal officials hold the opinion that American citizens give up their rights when they obtain tribal employment. The fact that Tribal Council passed an ordinance drafted by the tribe's attorney general that bans unions is proof of that.
* Politicians make the final determination on hires, which leads back to the first two problems listed. Qualifications have taken a back seat with this process and there exists examples of individuals hired for important positions who lacked the necessary credentials to do the job. Some of these have been in justice and health care.
Now the situation is different at the casino since a different entity makes those decisions, and theoretically, tribal politics plays no part. However, the work environment at the casino can certainly use some improvement as well.
I understand the current economic situation will have people looking for work wherever they can find it, but it's only fair to let those know the baggage that comes along with tribal employment.

Freedom of Information?

When the tribe's freedom of information law was passed, I thought it was a great thing. In fact I, along with then Attorney General Mike McConnell and Tribal Council Yellowhill Rep. Alan B. Ensley, helped craft the law that exists today. While we didn't agree on every aspect of the law, we did come to an agreeable compromise, and a workable law resulted.
Big Cove Tribal Council Rep. Teresa McCoy has introduced legislation to amend the law, because as she puts it, the current process to obtain information is cumbersome at times. Her amendment, she says, will give tribal members another option for obtaining information, that being a request to their council members.
What this really illustrates is the real problem with a number of tribal laws, enforcement. When tribal members resort to asking their council members for information that should've been released to them, that's indicative of stonewalling, something of which tribal government officials have become masters. Case in point, I'm still waiting for information I requested nearly two years ago. The attorney general's office, to whom I made the request, has used the excuse of being "busy." I'm not going to hold my breath waiting for the tribe to follow its law. The same office has even argued at one point that the principal chief's authority actually trumps tribal law.
I appreciate Rep. McCoy's addressing the issue, but I hope she and other council members will address the real problem, which is the autocratic manner in which tribal government is operating under the leadership of the principal chief with the guidance of the attorney general. Chief Hicks vetoed the public information law when it first hit the floor, under the guise of protecting tribal departments from those who would use the law to hinder tribal operations. The Council, seeing how weak his arguments were, overrode his veto. Now the challenge is convincing tribal officials that the laws they pass need enforcement, or else the laws they pass are paper tigers and Tribal Council has about as much use as a gelding to a breeder.

Non Indian Attorneys Feel No Fallout for Bad Advice

First let me start out by saying I still won't comment in any detail about my wrongful termination suit against the tribe. I will however, direct some of my anger at the non Indian attorneys representing the tribe (Michell Hicks really).
My attorney, Robert Saunooke, is a tribal member. If he gives bad advice or violates a tribal law, he can be tried in tribal court. He's dealing with the same crap that I am, repercussions from elected officials who just don't like him, and these repercussions often involve violations of civil rights.
The lead attorneys representing the tribe, Annette Tarnawski and Carleton Metcalf of the Van Winkle law firm in Asheville live in an area where the governments are required by law to honor their civil rights. Neither of them fall under the tribe's criminal jurisdiction. In essence, neither of them can truly feel any consequences for poor advice to the tribe or violating tribal laws.
I don't want to lambaste non Indian attorneys who've done good work for the tribe and genuinely care about the well being of the tribe, and there are some, but this seems to be the same song and dance for tribal members. When they seek justice, the tribe brings outsiders in to shoot them down. Those outsiders have no stake in the situation. If they set off a bomb, they're at a safe enough distance to avoid the fallout. It's the tribal members who suffer the consequences while corrupt leaders hide in bunkers.
To my fellow tribal members, if the tribe succeeds in this case, then that means every law, not just the free press act, is worthless. Laws passed to protect you, guidelines and restrictions, laws to honor your civil rights, will mean absolutely nothing. But the non Indian attorneys can live with the comfort that should they be denied what's public information, or someone fires them for stating a political opinion some politician doesn't like, they'll have recourse to seek justice. That remains a fleeting dream for tribal members.

I Actually Have Some Praise for Tribal Government

It may not be often, since the vast majority of the current principal and vice chief administrations and Tribal Council's policies and agenda are so wrong for the tribe and worthy of criticism, but I actually have some praise. Kudos go out to these programs: TOP, IT and the One Feather. We're actually getting some information out because of these guys. However, they aren't as free to do it as they should be.
And to the One Feather, I feel that someone should apologize to the two of you for being put in the situation of doing the jobs of four (actually more) people. Since the one person who caused this situation won't admit to any wrongdoing, allow me to express my sympathy for the two most overworked, and probably under appreciated tribal employees.

Cherokee County Gaming III, Protest Denied

A Tribal Council protest filed over the approval of pursuing Class II gaming in Cherokee County was denied, as I expected. Once again, I must state that I support this project. It's badly needed, especially as Cherokee County now leads the state of North Carolina in unemployment.
That said, however, I agree with the sentiments expressed by protest submitters Terri Henry and Teresa McCoy, that the way it was done is disrespectful, in closed session as an emergency resolution, therefore totally circumventing public commentary and input.
I felt that upholding their protest would have been throwing the baby out with the bath water, but I do think tribal government needs an avenue for officials to state public displeasure with ill behavior of elected officials. Censure is perfectly appropriate. I would hope that either of these two council representatives would introduce such a proposal.

Former Cherokee Nation Chief Wilma Mankiller Dies

Former Cherokee Nation Chief Wilma Mankiller died Tuesday after a long battle with cancer. There's not much more I can add to the previous post of mine where I discussed her grim diagnosis.
She was an inspirational leader to me, particularly in regards to her efforts for freedom on tribal lands, particularly for press freedom. I've often and still often wish our tribe would emulate her leadership.
My prayers go out to the Soaps and the Mankillers.

Cherokee County Gaming II, The Protest

The Cherokee One Feather reported that a protest was filed by both Painttown Rep. Terri Henry and Big Cove Rep. Teresa McCoy in regards to Tribal Council passing legislation to pursue gaming in Cherokee County. The legislation focuses on how the legislation was passed, as an emergency resolution in closed session.
I'm all in favor of gaming in Cherokee County, but there was no need to do it as either an emergency resolution or in closed session. It hardly constituted an emergency. And here's what tribal law says on holding closed sessions: "The Tribal Council is authorized to hold executive sessions closed to the public only for the purpose of discussing issues in which privacy or confidentiality concerns may arise, upon request of one of the involved parties, personnel actions involving Tribal employees, or issues requiring confidentiality to discuss negotiations incident to proposed contractual arrangements, and proposed sale or purchase of property; the receipt of legal advice where the legal advice relates to a pending, threatened, or potential claim, or other matters covered by the attorney-client privilege, settlement of legal claims, or the position of the Tribe or Tribal agency in other adversary situations involving the assertion against the Tribe or Tribal agency of a claim; discussion regarding the development of security, personnel, or devices; sovereignty issues; investigative proceedings regarding allegations of criminal misconduct; discussion of matters relating to the proposed location, expansion, or the provision of services encouraging location or expansion of industries or other businesses in the area served by the Tribe. No final action may be approved or taken by the Council while in executive session. Council may hold an executive session closed to the public only upon a motion duly made and adopted during an open session. Every motion to close a meeting shall cite one or more of the permissible purposes."
No doubt the excuse used would be that this was a legal matter, attorney client privilege (all tribal members are clients of the attorney general's office, whether or not the attorney general will acknowledge that), blah blah blah.
Two things bother me about the way this took place. One is public comment was completely circumvented. Welcome to the Hicks Administration.
The other is doing it this way gives the public the impression that something dirty was going on. There is nothing wrong with this proposal, so it's truly tragic that the public has to get the impression that something is wrong with it.
I don't want the legislation overturned, but it would be nice to see some kind of censure expressing official disapproval over holding what should've been done in public in closed session and completely denying the public any say in it. Some of us Cherokee County residents would've loved to express our opinions on the subject.
Click here to read the protest.

New Apartment Complex Underway, More Tribal Spending

The Cherokee One Feather reports that construction for a new apartment complex is now underway, this in light of hiring freezes and stoppages of travel.
A couple of things come to mind. One is how many tribal families currently waiting for housing will be placed in these units? Bureaucracy, particularly on the part of the Bureau of Indian Affairs, is a huge impediment to dealing with the housing problem in Cherokee, but supposed solutions offered before in the form of condos and townhouse developments have so far resulted in unused units, by at least half. The more tribally-funded housing project units that remain unfilled, the more tribal money will have been wasted.
The other is a comment offered by Principal Chief Michell Hicks, an apparent response to criticism of his administration's spending habits. “As you look at the things happening in Cherokee, it’s not about spending money. It’s about investing in the people of this Tribe.” N.C. Sens. Nesbitt and Snow offered words of praise, pointing to the fact the projects elsewhere in the state have stopped.
Of course neither of these state officials really has a horse in this race, but one has to ask, why have state projects stopped? It's a lack of money. Does the tribe have money in stark contrast to the state? No. That's why there's a hiring freeze, the travel stoppage, and it's why tribal program budgets have had to cut by significant portions.
Investing in the people is all well and good when the money's there. Where is this money coming from? The casino hasn't been the cash cow the tribe has expected it to be, and the reality is the tribe is in the same boat as the rest of the country.
At some point, all the reckless spending being done by tribal government is going to come back and bite them, but it'll be the tribal members who end up paying for it though cuts in services and employee layoffs. Tribal government can take the bull by the horns, or we can lose every piece of china in the shop.

Gaming Opportunities in Cherokee County

Tribal officials have been pursuing an additional gaming facility in Cherokee County for a number of years. On March 2, Tribal Council passed legislation authorizing the Tribal Casino Gaming Enterprise to continue negotiations and seeking and negotiating bank loans to establish the facility.
I look forward to such a facility, provided it isn't near schools, being on tribal land in Cherokee County. The county has been in need of an economic boost for a number of years, but recently the situation has deteriorated with the downturn in real estate, and factory closings that happened years before haven't helped. The county has had the highest unemployment rate in the region. So this project is certainly welcome.

Edwardo Wong's Trial in August

The trial of a man who's accused of shooting and killing a state trooper during a traffic stop in Haywood County has been delayed so one of his attorneys can receive and recover from cancer treatments.
Just a refresher for those who may not remember: the victim, David Shawn Blanton, Jr., was a member of the Eastern Band of Cherokee Indians. At the time he was callously gunned down, he had a prematurely born son in the Neonatal Intensive Care Unit in Mission Hospital in Asheville, a son who later died. Because of this action, a grieving widow was forced to grieve the loss of her son without his father.
Edwardo Wong, who faces the death penalty, has an extensive criminal history, including some violent offenses back in Florida. Yet here he was that July night cavorting around western North Carolina. Wong's lawyers have attacked Blanton's character, even suggesting that his stopping Wong (it was a minor traffic infraction) was racially motivated. It was night, and I doubt Blanton could determine Wong's race while patrolling, even if it would have been a factor. It's not as though Blanton hasn't had to deal with racism himself through being Native American.
While I can't fault one of his attorneys for getting treated for cancer and I do wish him well, the Blanton family deserves justice, and I think it's sad that these kind of blame-the-victim tactics have been used. I have no sympathy for Wong, and should a jury conclude he's guilty, I certainly won't be shedding any tears the day he's strapped to a table and a needle is put in his arm.

On The Cherokee One Feather

Occasionally I get asked about my opinion of the One Feather. Being the former editor I don't want to criticize the staff. I will say the paper isn't what it should be, nor is its website. Professional journalists who've looked at the paper haven't had kind words when they've spoken to me. That's not necessarily the undersized staff's fault. It mostly lies with the lack of leadership.
There is no editor, and since Pat Panther-Standingdeer, who was employed there since the early '70s retired, there's no assistant editor either. Two people, a reporter and subscription clerk, are running the whole show under the direction of people with no journalism credentials whatsoever, one of whom is a politician with an interest in self-preservation.
The paper falls under the direction of the tribe's Marketing and Promotions division, a huge conflict of interest for both Marketing and Promotions and the One Feather, and that move was made by Principal Chief Michell Hicks upon taking office in 2003.
Supposedly there's an editorial board established, but who are they, and what are their credentials? The One Feather should list them, along with their contact information. That's a huge responsibility, and each of them should own up to it.
I'm not necessarily saying that I should lead the paper again, but whoever oversees it needs to be someone who knows what they're doing and can rebuild the paper's journalistic reputation. It also needs the independence to do its job, and it won't get that under the direction of people who insist it ignore the cesspool next to the rose garden.

Principal Chief Wilma Mankiller Diagnosed With Pancreatic Cancer

Cherokee Nation Principal Chief Wilma Mankiller was diagnosed with Stage IV pancreatic cancer. Unfortunately the outlook for such a diagnosis isn't good. Mankiller has battled cancer in the past, and her survival of those battles has been among of number of things about Mankiller that have made her truly admirable.
Mankiller was the first female chief of the Cherokee Nation. In addition to that, there were a number of traits about her that I have found truly admirable, particularly her leadership on issues like freedom and improving the quality of life for tribal members. I finally got the chance to meet her a few years ago.
I'm sure these words are likely to make a few people gag (particularly a certain Joe Byrd apologizing PR coordinator whose classless response when I mentioned Mankiller in conversation was "f*** Wilma"), but I can't help hoping our band of Cherokee would just attempt to follow the model set by the Cherokee Nation of Oklahoma, particularly in regards to the rights of its members, access to information and freedom of the press. Those laws for the Eastern Band have thus far proven to be paper tigers under a chief that seems to be following the despotic example set by Chief Byrd.
I know the outlook is bad, but I'll be praying for Mankiller and the Cherokee Nation. God bless you all.

Reviewing the Governing Document

Legislation has been submitted once again on the issue of the tribe's governing document. Currently the tribe operates under a sham of a constitution introduced and passed by a Tribal Council resolution in 1986, in violation of federal law. Robert Youngdeer, then chief, rightfully vetoed the legislation, but an overwhelming majority of council members' support easily overrode the veto. In 1993, Tribal Council itself concluded that the 1986 Charter is invalid, but other than a 1999 constitution vote, legally organized with an overwhelming rejection of voters, no action was taken to reject the '86 Charter.
Efforts to address this issue with the last council were met with hostility, particularly from Big Cove Rep. Perry Shell. I don't expect a whole lot of support with this council, but I wish Big Y resident Nancy Long and Painttown Rep. Terri Henry luck.

Political Influence and the Courts

Teresa McCoy, Big Cove Tribal Council Representative, has introduced legislation that would make it a crime for elected officials to use intimidation, bribery or deception to influence decisions of the tribal court. This issue has come up time and time again, and both tribal court leaders and tribal elected officials have claimed that no such influence occurs.
While there is nothing to document such influence, here are a couple of major concerns.
All tribal employees' paychecks are signed by the principal chief and the vice chief. This is particular concern with such entities that should be free of political influence, particularly the courts.
While there's much talk about how chummy some elected officials are with judges and justices, this is verifiable. Supreme Court Justice Brenda Toineeta-Pipestem is married to a Washington lobbyist, whose contract with the tribe is something of which the principal chief has direct authority.
Bribery, intimidation, obstruction of justice in the justice system is something that should already be considered felony charges, but waiting for the feds, who have jurisdiction, would cause one to lose all hope. There's no harm in addressing this issue on the local level.

My Lawsuit

I still get questions about my lawsuit against the tribe for wrongful termination. While I can't at this time discuss specifics, I can say that efforts to mediate a settlement were fruitless, especially since any settlement would've required me to remain silent on my situation.
My case is about first amendment rights on reservation land more than it is wrongful termination to me. Both federal and tribal law protect everyone's right to free expression. Nothing makes me angrier than non native attorneys, who have no stake in anything with the tribe, who can't be held criminally liable in tribal court, helping tribal government officials repress the rights of tribal members (often times under the guise of "tribal sovereignty").
I'm aware that there are plenty of tribal members who hate me, hate what I have to say and hate my politics. That's o.k. with me, but understand this, the situation can just as easily be reversed and you could be on the receiving end of actions to punish expression of opinions those with power don't like. This case has important implications for you as well.