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Monday, April 26, 2010

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.

Monday, April 19, 2010

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.

Friday, April 16, 2010

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.

Friday, April 9, 2010

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.