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Wednesday, March 24, 2010

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.

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