Joe-Mart

It is What it Is

2011-09-02T04:34:00.000-07:00

Well it's no secret that I'm disappointed in the election results. But rather than wallow in self pity, I feel I should keep doing what I've been doing. Keep in mind, I do hope our tribe prospers. I do hope now that Michell Hicks can get a compact expanding gaming, and I do hope he straightens out the tribe's finances. I do want the best for our tribe regardless of who leads it. However, I don't have faith that Michell will do those those things, and I don't trust him. Since we have no free press to serve as a watchdog for our tribal interests, its up to private media like this (I'm not considering this journalism since I'm clearly advocating one side). We've got to offer an alternative to the One Feather, a rebuttal to the chief's newspaper if you will. So that's what I intend to do. Those of you who don't like it, start your own blog, or stick with Michell's newspaper. At least right now you have a choice.

Why Support Patrick Lambert?

2011-08-30T19:56:00.001-07:00

I'm not going to argue why I'm not supporting Michell Hicks, as that could fill a 1,000-page book. Instead I'd rather focus on why I'm supporting Patrick Lambert. First of all, I've taken my past with Michell Hicks out of the equation, looked at the state of the tribe now and what's he's accomplished over the last eight years and decided, well before the primary, that Patrick Lambert was the best choice for Principal Chief. Here's why I came to that conclusion:
* Patrick Lambert supports our civil rights and will back a constitution to recognize that.
* Patrick Lambert supports transparency, sunshine laws, access to information and a free press.
* Patrick Lambert supports the rights of possessory holders and life estate holders to enjoy their property.
* Patrick Lambert already has good relations with the only decision maker in Raleigh on expanding the gaming compact to include table games, that being Gov. Beverly Perdue, which can go a long way toward making table games happen.
* Employees who excel at their jobs, are qualified to hold their jobs and conduct themselves professionally, can be secure in their jobs in a Patrick Lambert administration. The low turnover rate and high employee morale at the Gaming Commission demonstrate that Patrick Lambert is capable of creating a positive working environment.
* Patrick Lambert, through his work safeguarding the tribe's assets with the casino, has already established a reputation for strictly adhering to standards when it comes to accountability. That's exactly what's needed at the tribe.
The ultimate reason I've decided to support Patrick Lambert is my son. I want a better tribe for him than what exists now. I want a better tribe for us all. Patrick Lambert gives me hope that we can achieve that.
I know there's a certain clique that's been going out of its way to try to make Patrick Lambert look bad, but I've ignored the personal attacks and attacks on his family and pathetic attempts to discredit his campaign. Patrick Lambert is the best choice for principal chief, and I urge all who seek a better future for our tribe to vote for him on Thursday.

Who Should Fear Losing Their Jobs?

2011-08-17T19:33:00.000-07:00

I've watched this whole fear tactic used by Michell Hicks' people to try to convince tribal employees to vote for Michell. It basically goes like this, if Patrick Lambert gets elected, there will be mass firings. Someone even went as far as to concoct a list.
First of all 38 or so names doesn't equate to a mass firing. Second of all, there is no list. Third, I can answer who should worry about losing their jobs. They are the following:
Those whose jobs are unnecessary;
Those who are unqualified for their jobs;
Those who are unprofessional in carrying out their jobs.
The irony is Michell Hicks has actually fired people over politics. And ask the majority of tribal employees off the record, and they'll tell that employee morale at the tribe sucks. Michell Hicks has succeeded at creating a completely hostile work environment, and if anything it gives employees a good reason to vote Michell Hicks out of office.
I don't find it too surprising that some of those who are crying around the most about a supposed firing by Patrick Lambert are ones who fit into the top three categories. Everyone else, you've got nothing to worry about.

Pro Free Press Commentary Rejected By Citizen-Times

2011-08-01T18:01:00.000-07:00

I've questioned the Asheville Citizen-Times' commitment to objectivity in its coverage of the Eastern Band political scene. So far, they've done nothing to convince me that they are indeed committed, among other things, "holding those with power accountable." Here's the piece the paper rejected:

Tribal Free Press? Not Under This Leadership

In the recent tribal atmosphere of mudslinging, this chief’s election, it’s all too easy to lose focus on what’s important. What should matter more than anything to tribal members is the ability to hold their elected representatives on Tribal Council and the chief and vice chief’s offices accountable.
They need a watchdog, and with a free press there is such a watchdog. There is no free press in Cherokee.
Yes, there is a free press law. Yes, there is an open meetings law. Yes, there is a public information law. However, those laws aren’t worth the paper on which they’re printed if there’s no enforcement.
Under our current tribal leadership, there not only is no enforcement, but there have been circumventions, blatant violations, and there were no consequences.
Take a look a the One Feather and what it’s turned into since Principal Chief Michell Hicks directly took a meddling role in its editorial process:
* There is no editorial.
* Rarely, if ever, are there published critiques of the chief or Tribal Council.
* There is nothing to encourage a free exchange of ideas.
* The free press act was watered down to remove independent and professional oversight of the paper through an editorial board.
* An award-winning reporter and writer has been reduced to writing propaganda designed to puff up a tribal deputy with a vested interest in maintaining the status quo.
* And as evident in the July 21 edition, the chief can use this publication to denigrate an entire family who did nothing more than to have the chief’s challenger as one of their own.
The changes in the publication have not resulted in the community having a better paper. It has lost circulation. It has lost credibility. It has lost respect, and a look at the paper itself will show that advertisers have noticed.
We need elected officials who support a free press and will back up that support with strong legislation to ensure it. We need elected officials who will resist and oppose pressure to censor or shut out the media, whether tribally owned or otherwise. And we need elected officials who realize that the One Feather belongs to 14,000 + people, not 14.
Any candidate who doesn’t support a free press, open government and transparency does not care about your best interests.

Shameful, Just Shameful

2011-07-28T18:21:00.000-07:00

I was absolutely floored when I heard of Elizabeth Poscich's situation. I know the issue of descendents and property has been a controversial one since they were first given inheritance recognition in 1986. However, what concerns me is the fact that Tribal Council can invalidate a will for whatever they determine to be a loophole, and that's something that should concern Cherokees from full bloods down to first generation descendents. All but two council members, Terri Henry of Painttown and Teresa McCoy of Big Cove voted to pass it. Diamond Brown, the Cherokee County/Snowbird rep. has now said he'll lead the charge to advocate support of the protest filed last week. Diamond has admitted making a mistake voting to pass it, and the truth is he, like the other council members, was duped. He wasn't provided all of the information, and he was misled and manipulated, as well as lied to.
Well that's three council members who I know will back it. I hope more of them have enough of a conscience to get behind it as well. Most Cherokee County residents want a casino here but not like this.
One thing I have to point out is how callous this whole thing was. First of all, Poscich's husband died not too long ago. Tribal Council passed this days after she buried her husband. She hasn't even had time to grieve. Michell Hicks signed it before the 10-day protest period was over. And just to point out one more example of how ultimately callous the Michell Hicks camp is, here's a direct quote from the Committee to Re Elect Michell Hicks Facebook page (grammatical errors included):
"This story leads me to ask: Are we supposed to give Cherokee land away? Their blood degree ran out..What is the issue? and we should compensate them? Tribal Council did the right thing..Yes, If your descendents did not meet the blood degree requirements, it could and should happen to you. Anyone of us, as Cherokee's, know this."
First of all the soon-to-be evicted descendents are the late Lee Craig's people. Lee Craig has done so much for this tribe and the Cherokee Community, probably a whole lot more than these whiners on facebook. And Elizabeth, through her work as a pharmacist, and her husband, known for his generous nature, have given far more to the Cherokee people in Cherokee County than those who'd scoff at the fact they don't meet the tribe's blood quantum. As far as I'm concerned, they are Cherokee, and they don't deserve this.
I'd also like to point out to those non resident voters who may have received communications asking you to keep Michell Hicks in office will allow them to keep their land, well this is who Angie Kephart has told you to vote for, and he's the one who actually took someone's land. Ironic isn't it.
Furthermore let's put this in historical perspective for comparison. A leader of a nation forces the rightful occupants of an area of land to leave without compensating them. Who does that sound like? Kennedy? Nope. Roosevelt? Try again. Here's a hint, pull a $20 bill out of your wallet. Actually this could be worse since the people who survived Andrew Jackson's Manifest Destiny got land in Oklahoma. These people are getting nothing.

They Can Cover This But Not the Primary

2011-07-16T16:40:00.000-07:00

I've said that the Asheville Citizen-Times was more than capable of covering the primary results from last week, which still have not been published in the region's only regional daily newspaper. If they can cover this event, they could've had the primary results published.

It Looks Like the Citizen-Times Isn't Doing a Primary Story

2011-07-14T19:32:00.000-07:00

It looks like the Asheville Citizen-Times isn't doing a story on the results of the tribal primary where incumbent Michell Hicks, came in second to Patrick Lambert. In fact of those who voted for someone other than Michell Hicks, number 2,044 to Michell Hicks' 1,378. It's safe to say that Michell is in danger of losing. Being that he's the leader of the largest employer in western North Carolina, why the Citizen-Times doesn't find that newsworthy is a mystery. I will say this, I'm terribly disappointed in the Citizen-Times, and they are capable of much better than this.

Still No Citizen-Times Coverage

2011-07-12T12:30:00.000-07:00

I'm starting to think the Citizen-Times isn't going to have a story on last Thursday's primary. The end result is going to be that Cherokee readers will have the impression that the Citizen-Times is in Chief Hicks' pocket. I certainly hope that isn't the case.

Day Four Citizen-Times, Where's Your Primary Story?

2011-07-11T13:44:00.000-07:00

It's been four days since Patrick Lambert took first place in the tribal principal chief's primary, 220 votes more than incumbent Michell Hicks. There's still no story in the Asheville Citizen-Times. Here's a story the paper evidently deemed to be more newsworthy. Man charged with scooter theft.

Day Three, Where's the Primary Story Citizen-Times?

2011-07-10T17:09:00.000-07:00

Just had to note, three days since Patrick Lambert was the top vote getter in the tribe's primary election, and not a single word reported by the Citizen-Times. I should also note that two years ago when half the Tribal Council was replaced in an election, the paper had no coverage of it either.

OK Citizen-Times, You're Starting to Piss Me Off

2011-07-09T18:32:00.001-07:00

Citizen-Times I could overlook the fact that you have yet to post anything on the principal chief, vice chief and Tribal Council primary results from the Eastern Band of Cherokee Indians last Thursday, where the candidates were narrowed down to Patrick Lambert and Michell Hicks, if it weren't for these facts:
1. You published three puff pieces that made the status quo look desirable during a week when a lot of non residents would likely be in town, one of those pieces incredibly misleading;
2. In an editorial yesterday (the same day you could've posted the primary results) you urged Gov. Beverly Perdue and the General Assembly to approve expanding gaming to include table games quoting the incumbent Michell Hicks;
3. You have repeatedly ignored newsworthy occurrences in Cherokee that could've reflected negatively upon the status quo;
4. There's not a single Native American on your staff or management who actually could point out the B.S. that comes from tribal government;
5. The tribe's PR coordinator Lynne Harlan had been a column writer for you and had been allowed to remove her title from her bio, which leads people to believe her words are from just an average tribal member;
6. Two of your recent executive editors have told me they were impressed by Michell Hicks;
Now I realize you could be waiting until Sunday or Monday since there are those who read newspapers less on Saturday, but come on now. Look who had something up already:
* WLOS;
* The Cherokee Scout;
* Smoky Mountain News;
Why not you Citizen-Times? Is it because it may just force you to realize that since Patrick Lambert was the top vote getter by more than 200 votes, maybe Michell Hicks isn't as popular as the tribe's marketing charlatans would have you believe. Are you afraid of losing the tribe and the Goss Agency's other clients as advertisers? You can get more advertisers. Getting back lost readers and lost credibility is a whole lot harder.
You had the means and the ability to publish just such a story. The tribe even published the results online for crying out loud. The leader of western North Carolina's top employer is in danger of losing his post (rightfully so). One would think you'd find that newsworthy.
Citizen-Times, I used to encourage people to read you because you had nothing to fear from reporting unflattering news stories about tribal leaders. I understand why the One Feather doesn't do so. Michell Hicks signs their paychecks. What's your excuse?
I've actually taken the time to read your ethics policy. Among them are to hold those in power accountable, and provide a voice for the voiceless. In both these areas you are failing the Cherokee community miserably.
Furthermore, as a former journalist I was taught, "If you're mama tells you she loves you, get a second opinion." I imagine most of your staffers were taught something similar if not the same thing in college. Citizen-Times, it's time to get back to being a newspaper again. I can tell you if you continue this type of coverage and ignore your code of ethics in this area, you will lose me as a reader, and likely a whole lot more.
I'm not saying that you need to slant reporting in favor of those challenging Michell Hicks. I'm saying you need to take a hard look at what you've been doing and improve upon your work, particularly in regards to getting the whole story out of Cherokee. It's one thing for me to present one-sided accounts, since I'm clearly advocating a certain position, that being of getting a change in our leadership. But Citizen-Times you're not in the business of advocacy journalism, or are you?
In the meantime, to those who feel that the Citizen-Times is letting them down, write letters, write emails and make calls to those in charge.

Vote for Patrick Lambert

2011-07-07T19:30:00.000-07:00

First of all, let me make this abundantly clear, I no longer work in journalism. So spare me your lectures of "getting both sides." I have no reason, whatsoever, to support Michell Hicks. In fact that would be the case even if he never fired me from the One Feather.
Patrick Lambert supports a free press, sunshine laws and strong ethics legislation whereas Michell has either not supported such ideas or only paid lip service to such ideals. To those who voted for Gary Ledford, Juanita Wilson or Missy Crowe, please vote for Patrick Lambert. While he may not have been your first choice, Patrick does represent real and needed change in our government.
I happily and proudly endorse Patrick Lambert for principal chief.

More Fluff Conveniently Published Near Election Time

2011-07-05T19:58:00.000-07:00

The Citizen-Times published this little gem as the primary elections for principal chief occur this coming Thursday. The article cites a UNC study that states that "Cherokee Casino raises incomes." There's the "duh!" factor. That in and of itself isn't what's so irritating about this article.
I will highlight what is so irritating:
* It's misleading. It makes it appear like Cherokee is somehow bucking economic trends while the rest of the area is struggling. That's not true. The casino itself hasn't exactly been on a hiring frenzy, and the consistent decline in per capita payments since 2007 is a clear indicator that all is not well there. Yes incomes have risen in the past 10 years, but the last four years will tell a different story.
* Michell Hicks, while he doesn't deserve blame for the decline in casino revenue, he certainly doesn't deserve credit for its success. Yet the article quotes him, and only him. There are four other candidates for his position and not a word from any of them is in the article. The result is a happy little puff piece published right at a time when non residents, who tend to be largely uninformed about tribal government, are likely to be in town, coincidentally right before election time.
* The tribe and casino revenue-funded Cherokee Preservation Foundation paid for this study along with Harrah's and AdvantageWest, a regional tourism promoter. That's right, tribal money was used to "study" this assertion that we all already knew to be true. That's like paying for a study to conclude that the sky is blue. It's another waste of tribal money, something for which the Hicks administration has become notorious.
Of course my greatest irritation is the Citizen-Times is capable of much better than this. Among the paper's ethical standards is that they'll be a voice for the voiceless. Right now the people of Cherokee have no voice. While it's understandable that some of them are fine with that, the people of Cherokee deserve better out of the "Voice of the Mountains."

The Chief Invited Me to His Cookout

2011-06-26T19:46:00.000-07:00

Michell Hicks invited me to his cookout. You know, it's not often that Chief Hicks makes me feel like I'm a valued constituent of his, and I didn't in this instance either. At the meet the candidates meeting in Cherokee County for principal chief candidates, the chief approached me while I was speaking to the Cherokee Scout Publisher David Brown and handed me a flyer for his cookout in Cherokee County that was taking place last Saturday. His tone was curt and short, and he had a scowl on his face.
Now I don't expect him to greet me with a smile. I've been harshly critical of him. And it was his action alone that removed me from the One Feather, for the sole reason that he didn't like what I had to say. So I'm not a fan of his, and I was frank with Brown when he asked me about that.
Michell Hicks has opposed legislation to grant tribal members access to information. He's issued an executive order that violated the tribe's free press law, and while I was editor under his leadership, a number of times I either had to explain editorial decisions or have unpleasant conversations with him when I've stood my ground against his interference with the One Feather's operations, and that doesn't include what I experienced with him while publishing my own paper. Michell is clearly hostile to the idea of a free and independent press for the Eastern Band of Cherokee Indians. I have always maintained that any candidate who opposes a free press does not have your best interests at heart.
Needless to say, I did not attend the chief's cookout. While I'm one of his constituents and would've liked the opportunity to ask him questions, like just what is his plan to pay off the hundreds of millions in debt the tribe has racked up, I know that he would've been in control of the situation, and I would've just gotten shut down. I don't like being in situations where I'm clearly at a disadvantage. I'm not running for office. So why put myself in that situation. So instead of going to listen to the chief brag upon accomplishments that are far outweighed by his failures, I took my son to the pool.

Why Did Wanda Jackson Resign From the Election Board?

2011-06-26T19:29:00.000-07:00

Wanda Jackson, who is married to Vice Chief Larry Blythe, who is seeking reelection, resigned, supposedly because of a question of ethics, and there is. After all, how can she have maintained an appearance of objectivity given her relationship with a candidate? I have however received information that leads me to believe that her resignation had nothing to do with her relationship to the vice chief.
Internal audit found irregularities in her time noted for her job at the Youth Center in Snowbird and her time spent carrying out her duties with the Election Board. In other words, alleged embezzlement.
I know that Tribal Council, along with the chief and vice chief, have been notified of this. Why are there no charges? Why does she still have her job with the Youth Center? Had this been someone who isn't married to the vice chief, that person would've been fired in a heartbeat.
I've questioned Jackson's professionalism and competence during her time with the election board, as well as her objectivity, and I still do. Had internal audit not found what they did, I honestly believe that Jackson would've stayed on the board and the see-no-evil majority of Tribal Council would've done nothing.

Politics Invade Recognition of Students

2011-06-08T17:12:00.000-07:00

Tribal politics in and of itself is bad enough. But it particularly leaves a vomitous taste in my mouth when children are dragged through the sludge that is tribal politics. My niece was ignored for recognition in the Tribal Council awards for students a few years ago while she was a student at Murphy Elementary School. She made straight A's. Of course at the time I assumed it was because she was daughter of a candidate who opposed Angie Kephart.
Now she's a student at Smokey Mountain Elementary School. Last year she won the Principal's Award, but when it came to Council again, no recognition. But Council saw fit to recognize a student in her class who didn't even pass the End of Grade test.
Maleaha Brings Plenty's father isn't an enrolled member, but she is. And she resides in Yellowhill. B. Ensley and David Wolfe, you've got to do better than this. Maleaha deserves better from her representatives.

The Type of People Who Support the Status Quo Exposed

2011-06-06T18:11:00.000-07:00

I've debated whether to even release this piece of garbage that I received two years ago when I ran for Tribal Council, but I do think it sheds light on some of the types of people who support Chief Hicks and his political cronies like Angela Kephart. It's run exactly as I received it, misspellings, grammatical errors and all:
"Joe Martin, just who do you think you are running for tribal council?
All you ever do is run people down. And especially against Mrs. Kephart. That woman is a eloquent and distinguised person that represents her people well. Just ask any one of them. You've never heard her criticize people like you do. They all love her down there.
And all you are is a big crybaby over loosing your job because you deserved it. Now you start your own crybaby newspaper and run it in the ground. And what about all those people that subscribed to it---did you give their money back? You are one heck of a joke to even think about running for anything----except somewhere else. You best pack your duds and head back to Alabama, maybe you can find some redneck radicals there that will listen to you, although I doubt it.
Joe, Blow,what a joke you are!!!"
I'm not going to respond to particulars, but at the risk that making this person feel that he's worthy of debate, I will respond to two points.
One as far as "running people down," what I actually did was report the truth and attempted to inspire debate, which enhances the democratic process. That's what Michell Hicks didn't like.
The other is the writer's obvious contempt for people who live in and are from the state of Alabama. I'm very proud of where I grew up. I graduated from one of the nation's top public universities, that being Auburn University. I also graduated from a well respected high school. My graduating class had six national merit scholars. And to this author, when a graduate of your high school becomes a member of the president's cabinet, feel free to look down your nose at me.
The other point I really want to make is particularly to tribal members who live away from Cherokee. This is what the status quo really thinks of you. They're fine with you as long as you're ignorantly casting ballots to keep them in power, but if you decide to move back home to your people, don't expect a warm welcome from these people.
The best you can do is educate yourselves on all of the candidates. Ask yourselves what do they represent? What problems do they see with the tribe and what plans to they have to address those problems? If you get the answers to those questions and feel that the status quo is the best, that's fine. But please don't blindly vote, and question anything sent you, from anyone.

Political Discourse Being Censored, Again

2011-06-01T18:21:00.000-07:00

Well another chief's election, another attempt by the incumbent autocrat's camp to squelch free speech. No Third Term for Michell Hicks' Facebook page had a photo removed after it was deemed that the photo violated its terms of service. The photo depicted a cross burning with a "re-elect Michell Hicks" sign in front.
The photo completely and entirely falls in the protections of the First Amendment to the constitution and is further protected on tribal lands thanks to the Indian Civil Rights Act and a law passed by Tribal Council recognizing the Indian Civil Rights Act. Also what must be noted is the libel law's application to public officials as set forth in the U.S. Supreme Court's decision in New York Times v. Sullivan.
To sum it up for the tribe's elected officials and their attorneys, who like to pretend that U.S. Supreme Court decisions don't apply on tribal land, actual malice has to be proven and that the remarks or statements, or in this case a photo published, were known to be untrue, in other words, "reckless disregard for the truth."
I don't see this photo as a slam on Michell Hicks so much as I do a segment of his supporters who are both, non Indian, and scared as hell that average tribal members might gain power and influence. Once again, it's free speech. And it pales in comparison to the garbage that's come from the Hicks camp regarding Patrick Lambert and others who've dared to challenge his authority.

Asheville Citizen-Times Does Piece on Chief's Election

2011-05-24T18:38:00.000-07:00

I've been pretty hard on the Citizen-Times lately. I have friends who write for that publication, and I hope they don't think I'm picking on them, but frankly, that paper has really diminished into what is a spineless publication. Gone are the days of bold reporting of tribal news based on the model of "If your mama tells you she loves you, get a second opinion."
My criticism is based upon a desire that this paper:
1. Get back to reporting on Cherokee and the portion of North Carolina that is west of Waynesville on a regular basis. The paper's motto is "Voice of the Mountains." Be that voice again, particularly since the voice of the people in Cherokee has been silenced.
2. Hold those in power accountable. The Citizen-Times was a really ballsy publication under the direction of Virgil Smith and George Benge, with some credit given to Bob Gabordi as well. When it comes to reporting on the Eastern Band of Cherokee, please remember that. The tribe's "newspaper," and I use that term loosely, is not allowed to be a newspaper. I don't see letters criticizing those in power at all, but I see plenty of fluff designed to make the incumbents appear as though everything is wonderful under their leadership. Some of this fluff has made its way into the Citizen-Times.
That said, the piece written by Jon Ostendorff, who in the past has done some pretty hard hitting stuff, was fairly done, but I'd like to see more in-depth pieces, particularly in regards to how bad the economic situation in Cherokee really is, which Ostendorff did touch on.
I bring up the economy because Michell Hicks would like to pretend everything is just milk and honey there. For verification one only need to read this story, which appeared in the weekly Smoky Mountain News. Hicks' comment was "I’ve helped bring us through the worst economy we’ve ever seen, and the tribe is doing great." We're far from being through the worst economy. Tribal entities have put out press releases claiming that Cherokee is bucking economic trends, despite evidence from countless sources, even other tribal ones that state just the opposite. Tribal PR Coordinator Lynne Harlan wrote in the Citizen-Times, that in Cherokee people don't even realize there is a recession. Add to this the fact that Cherokee's tourist-based economy was in trouble during good economic times.
Someone (other than me) needs to call tribal government on its BS, and the Citizen-Times is just the paper to do it. First of all, they're a privately-owned publication. Second, they're a daily newspaper, and dailies don't exist in western North Carolina west of Asheville.
Come on Citizen-Times. Members of the Eastern Band of Cherokee depend upon you.

Michell - I'm not Going Away

2011-05-20T16:54:00.000-07:00

I've got to say that times have been hard for me since being ousted from the One Feather. They certainly haven't been easy. But I have no regrets whatsoever about the decision I've made. Now I have some words for Michell Hicks.
I'M NOT GOING AWAY. I have every intention of holding a mirror up to you, and by God , you're going to look at yourself. I have every intention of holding you accountable, and I will point out your nudity while your friends, family and others who cower to you praise your new suit.
I can hold my head high, and I know I can tell my son one day with pride, that when it was demanded of me that I do wrong, mislead and deceive, I stood up, knowing what the consequences would be, and I did what was right.
In the end Chief, you firing me was the dumbest thing you could've done. You freed me, and now you have no bargaining chip. Even more so, I no longer answer to you, and guess what, since I am one of your constituents, it's now the other way around. You answer to me. Now I can't make a decision for the other 14,000 plus tribal members, but for me personally I can tell you this, "YOU'RE FIRED!"

The Manufactured Controversy Over Patrick Lambert's Salary

2011-05-16T20:05:00.000-07:00

Some are making a huge deal over how much Patrick Lambert gets paid as director of the Tribal Gaming Commission. I don't know exactly how much he gets paid, and to me it isn't really an issue, not anymore than what Chief Hicks gets paid (and unlike Chief Hicks, the director of the Tribal Gaming Commission does not set his salary).
This is a whole lot to do about nothing, even manufacturing quotes from Lambert. (It's an old tactic of this administration.) To me it seems like a smoke screen in hopes that people won't focus on real issues, like Chief Hicks' lack of ethics, his irresponsible spending, his hiring of his unqualified friends and family members for positions for which they aren't even remotely qualified, along with his governing style that borders on racketeering.
Whatever Patrick Lambert is being paid, it pales in comparison to what the tribe is going to have to cough up when Chief Hicks is finally sent into retirement (which will hopefully be this year), and Chief Hicks set that up too.

Citizen-Times Actually Reported Something Negative

2011-05-11T21:34:00.000-07:00

Granted Michell Hicks has no control over casino revenue, the Citizen-Times actually reported something that flies in the face of the usual "no recession here" drivel put out by the tribe's hack PR department and published in the Citizen-Times without question. Casino revenue is down. It's no surprise, but anyone with any sense of reality knows that the tribe has been hit hard by the economy. If Mary Jane Ferguson or Lynne Harlan tells you that it hasn't, ask a business owner who's just had to close the door.

Really Fair Piece Done on the Chief's Election This Year

2011-05-11T20:59:00.000-07:00

Smoky Mountain News has a great piece on the upcoming chief's election. One thing that really pleases me is that a number of candidates are addressing transparency. In fact yours truly was even mentioned in the article (and accurately as well, and without them even speaking to me!): "But as the two-term sitting leader, Hicks will be on the defense when it comes to touting the merits of open government. It’s an issue that’s popped up for the chief before, when Joe Martin, former editor of tribal newspaper The One Feather, brought a wrongful termination lawsuit against the tribe, saying Hicks tried to quash unflattering coverage of the tribe in the paper, then pushed Martin out when he didn’t acquiesce. The suit settled out of court late last year."
While I don't want what happened to me to be a focal point in and of itself, what I do want people to remember is that Michell Hicks violated the Free Press Act. He opposed the Public Records Law (which even now isn't being enforced). He issued an order censoring the Cherokee One Feather, your newspaper. My personal distaste for Hicks aside, one fact is indisputable, no candidate who opposes a free press and sunshine laws has your best interest at heart. For that reason alone Michell Hicks does not deserve to represent the Eastern Band of Cherokee Indians.

Devastation in Alabama, Georgia and Tennessee

2011-04-29T17:12:00.000-07:00

The homeland of the Eastern Band of Cherokee Indians, along with its trust lands in Cherokee and Graham counties largely escaped damage brought on by a devastating wave of severe thunderstorms and tornadoes Wednesday. Residents of north Alabama, north Georgia and east Tennessee were not so lucky. The tribe does have members residing in those three states, and it's not much of a stretch to say that they were impacted in some way.
The city of Tuscaloosa, Ala. was hit particularly hard. Having graduated from Auburn, I've always looked at the home of the University of Alabama with a certain animosity. However, that animosity begins and ends with sports. The residents of this town are hurting and need enormous assistance to rebuild.
While there are numerous ways to help, I'd like to point out one group that started close to my childhood home in Opelika, Ala. It's Toomers for Tuscaloosa (named for Toomers Corner in Auburn). While they haven't yet set up an fund for donations, they do have lots of information about places for donations. I strongly recommend you visit. I also challenge our current tribal leaders and candidates who are challenging them to donate to relief efforts. While it could possibly help out a tribal member impacted by these storms, it definitely will help out fellow human beings impacted by an unimaginable tragedy.

The Annual Report - Ignoring the Cesspool Next to the Rose Garden

2011-04-29T16:57:00.000-07:00

I got my annual report in the mail, just like the other two adults in my house. My first reaction was how much does it cost to put this crap out? I know the printing industry pretty well. For newsprint, it costs about $1.00 to print a 16 page broadsheet paper. That's newsprint, which is considerably cheaper than the glossy, heavy weight, coated paper used in the spine-bound publication to selectively inform us about what's going on with our tribal government. Add to that the cost of mailing, which given the weight of these reports, added to the fact they were sealed in individual flat envelopes, and I guarantee you that's not cheap, and I somehow doubt that the media rate was used. That was mailed out to probably half of the tribe (the portion that one can assume is of voting age) so that's 7,000 copies printed and mailed.
The other question I have, which was the same question I had with just about every annual report tribal government mailed out, what are they not telling me? It's all just rays of sunshine with these reports, which amount to campaigning for Michell Hicks at the tribe's expense.
Of course there's no mention of how well the tribally built, financed and funded golf course is doing. There's bragging on the improvements to the Dora Reed building, but no mention of the DSS findings that have jeopardized the childcare center's license. There's no mention of Cherokee Bottled Water, which went under, and no mention of the Cherokee One Feather, which is every tribal members' newspaper, which under the direction of what is clearly incompetent leadership, is headed the same direction. And why has it been so long (more than 10 years) since the tribe publicly released the findings of its audits?
Whether the chief wants to acknowledge this or not, we're all stakeholders in this tribe. We deserve to know the truth and the whole truth, and I'd like to remind Michell Hicks, a half truth is the same thing as a half lie. The tribal members deserve better than this.

Citizen-Times publishes major load of crap

2011-04-08T19:00:00.000-07:00

I don't think anything highlights the glaring absence of Native Americans in the upper management of the Asheville Citizen-Times than this load of fertilizer they published April 5. In fact it shows a lack of Native Americans in the staff period (or at least turning a deaf ear to any they do have on staff).
A call to the Eastern Band of Cherokee or to the Cherokee Nation of Oklahoma or the United Keetoowah Band of Cherokee in Oklahoma would've told the Citizen-Times that there is no such tribe as the Western Band Cherokee of Missouri, and that this is just a typical snake oil and medicine show.
George Benge, the last Native American executive editor at the Citizen-Times would've never allowed this garbage to be published, at least not without calling BS on it.

Wow One Feather, Wow

2011-04-08T18:23:00.000-07:00

While I still haven't yet seen the print edition, for which a PDF version is downloadable on its website, so far nothing has been posted on the One Feather's website about who has filed to run for office this year.
I don't blame Scott. He actually was on vacation, and the editor is the one who's responsible for news coverage anyway, which leaves guess who. It's an election year, and the chief and vice chief's offices, along with Tribal Council are up for grabs. Yeah, that's news.

More on the One Feather

2011-04-01T18:05:00.000-07:00

Filing deadline for this year's tribal elections was this week. I saw nothing in this week's One Feather. Granted the election board, which usually provides this information to the paper without prompting, may not have gotten it to them. However, when I was editor, I would seek this information out as soon as the filing deadline passed, one because I wanted to know, two because our readers wanted to know. Let's face it. It's a chief's election this year as well as for Tribal Council. That's news. Why a newspaper editor wouldn't make every effort to ensure that this made this week's edition is a mystery to me.
I had written before that I wasn't impressed with the new editor Jean Jones, but to be fair, she hadn't been on the job very long at that time. Well. it's been four months, and I have yet to see anything she's written other than that fluffy introduction piece.
I had the "pleasure" of seeing Marketing and Promotions Director Mary Jane Ferguson while in Cherokee today. She didn't look exactly happy to see me. Mary Jane hired my replacement as I did answer to her during the last three years of hell, mmm excuse me, my employment as editor. It doesn't surprise me in the least that talent, experience and educational background in the field weren't of importance in her hiring decision. Either that or the chief decided that someone who'd be willing to disguise fluff and propaganda as news, or not even know the difference, would be preferable to say someone who may try to restore the One Feather to journalistic respectability.
I don't want to pick on Mary Jane for the sake of picking on her, although it's no secret I have no respect for her, or anyone above her, up to and including Chief Hicks. I do have to say as someone who actually knows the business of both journalism and public relations, it is a conflict of interest for a newspaper to be under the direction of an entity whose function is public relations. That Mary Jane and the chief have contempt for the messenger doesn't change the facts.

Dora Reed to Face Closure

2011-03-15T18:11:00.000-07:00

While I find it ironic that the agency that investigated allegations, including improper supervision, abuse and neglect at Dora Reed Childcare in Cherokee, a tribally-run preschool, is allegedly, partly responsible for the death of a 15-month-old, I have to say I'm glad some kind of action was taken in the case of this center. For years I've heard complaints from parents and former staffers about this facility, along these very same lines outlined in the notice of license revocation.
Plus, in my removal as editor of the One Feather, it was a job at this center for which I was transferred, and it was a job for which I was competed unqualified. It kind of lets you know where the tribe's leadership stands as far as the quality of supervision at this center. That's not to mention that a child molester once worked at that center in its language immersion program.
WLOS reported that Chief Hicks was in Raleigh this morning to try to negotiate keeping the center open. Uh, how about we address the serious problems immediately before going to Raleigh to berate state officials who were just doing their jobs, which most of us who know the chief know that's his preferred negotiating tactic?
Yes, I understand the need parents have in having affordable, available child care. I am a parent after all. But I'll be damned if I'm going to put my son in a facility where he could be subject to neglect and abuse. Fix those problems first chief. The welfare of the children take greater precedence than a convenience.

The Whole DSS Situation in Swain County is Outrageous

2011-03-11T14:58:00.000-08:00

If you haven't been keeping up the huge screw up by Swain County's Department of Social Services, here it is in a nutshell. A 15-month-old girl died after being left in a car seat for 12 hours on January 10. She had only been given bites of a hotdog to eat and sips of soda. Her diaper was soaked with urine and feces.
Swain County's DSS placed the girl with a great aunt after her mother was arrested on drug charges. DSS allegedly covered up evidence of abuse, and when things came to light, the department acted by responding with slaps on wrists, certainly not the firings and possible criminal charges that should've resulted. Thank you Swain County Commissioners for asking the entire board to resign. I'm glad somebody acted.
The girl was an Eastern Band tribal member, and I can only draw from the DSS' lack of action that the lives of Native American children just aren't worth that much to them. Am I wrong? Then can you honestly say that had this happened to a white child that the same lack of action would've occurred? I think not.

The Chief's Facebook Page

2011-03-08T12:27:00.001-08:00

Of course Michell Hicks isn't the only Principal Chief candidate who has a Facebook page. Juanita Wilson also has one. He is however the only candidate who has the control of the media in Cherokee to the degree that he does, which puts the others at a disadvantage. Patrick Lambert won't be getting all the happy stories in the One Feather about his accomplishments, nor will Wilson. But Chief Hicks enjoys all the happy fluffy propaganda pieces at his disposal through that paper, particularly now that an editor with no journalism background has been hired who likely won't question anything that could pose a conflict of interest.
Most of the "accomplishments" listed are those published in media that he controls. Also interesting to note, the number of non-tribal members who think Michell Hicks is wonderful. That goes for the non Indian media as well (Two executive editors for the Asheville Citizen-Times have told me that they were very impressed with Hicks.).
What really matters in the end is what the tribal members think. From what I'm hearing from tribal members, Michell Hicks is wasting his time and money running for reelection.

New News Outlet Offers Choice

2011-03-08T03:29:00.000-08:00

Carolina Public Press is news outlet in the area seeking to get the untold stories told. When it comes to western North Carolina news coverage by the Asheville Citizen-Times west of Waynesville, we may as well not exist.
Needless to say, their coverage of Cherokee has a lot to be desired. The only time I see news from the tribe is when it involves the casino or some puff piece. I haven't seen a truly investigative piece on the tribal government in years. When the tribal investment committee lost $60 million of the children's money, nothing. Questionable credit card charges? Nothing. Tribal Council members endorsing a convicted rapist for elected office? Nothing.
The fact they ignored stories like this while showing Chief Hicks happily opening a golf course (that's clearly destined for failure), is cause for concern during an election year. There is no independent press covering the tribe.
So the idea of Carolina Public Press is refreshing. As for the Citizen-Times, start covering western North Carolina an the tribe more in depth, or lose your "Voice of the mountains" motto.

Anti Governor Protests in Wisconsin Are an All-Too-Familiar Scenario

2011-02-22T18:43:00.000-08:00

Anyone who's been keeping up with union-led protests of Wisconsin Gov. Scott Walker knows that the whole stalemate evolves around the governor's efforts to deny state employees the right to collectively bargain.
Wow. When the Eastern Band of Cherokee Indians passed a law to do the same thing for tribal employees through Ordinance 211 in 2002, not a single tribal employee stood up or voiced any opposition, aside from me through an editorial in the One Feather. Then Cherokee County/Snowbird Rep. Brenda Norville was the only council member to vote against it, citing employee rights.
The excuse tribal lawyers offered for passing this terrible legislation was that unions interfere with tribal sovereignty. That's crap. The issue was and still is fear of tribal member employees who may start demanding such silly things such as job security before and after elections, the right to recall elected officials, abandoning the sovereign immunity defense when tribal members sue the tribe and removal of the chief and vice chief from the hiring and firing process.
The prospect of workers are losing their rights should be frightening. It's happening at a much quicker pace for tribal employees.
I have mixed feelings about unions, but while some may have contempt for unions, the fact is those unions would be nothing without their members, each of whom has inherent civil rights. Union membership at any employer should be a personal choice of each employee. The problem is with Ordinance 211, as will be if Gov. Walker gets his way, is that choice is being taken away from them.
The First Amendment, which does apply on Indian reservations, provides for the right to peaceably assemble and to petition for redress of grievances. And laws such as Ordinance 211 and what Gov. Walker is proposing are a clear cut violation of this right. Our current leadership hasn't expressed any interest whatsoever in changing that.
No one gives up this right, nor any other rights upon accepting employment. Gov. Walker's proposal needs to fail, and the tribe's Ordinance 211 needs to be rescinded.

UN Addresses Domestic Violence on Tribal Land

2011-01-30T18:32:00.000-08:00

A representative of the UN came to Cherokee to address domestic violence with tribal leaders. There's not much I'll add, but it's hard for me to read or hear any comments from Chief Hicks on this issue knowing he was charged with assault on a female in 1999. Hypocrisy is the greatest luxury, and he's living in the lap of it. And before anyone throws Terri Henry's case in my face, it's a world of difference with what she was accused of and what the chief was charged with. There's a reason some men (and I use that term loosely) result to that tactic, and it's not solely about anger. It's about control and domination, much like the manner Chief Hicks runs the tribe.
It would've been nice to see the Citizen-Times address that aspect of this story.

New One Feather Editor Takes Charge

2011-01-18T14:35:00.000-08:00

Well, after three years since Chief Hicks ousted me from the One Feather, a replacement has been hired, Jean Jones. I haven't seen enough of her work to truly make a judgment, but I do have concerns. One is she doesn't have a journalism background. Two, her highly qualified (and talented) subscriptions clerk (she designed the paper's award-winning website), who played a major role in keeping the office running after I was gone and after Assistant Editor Pat Standingdeer retired, just up and quit. That means that Scott Brings Plenty, the last remaining staff member that I hired, has it put upon him to carry an awful big load, and I don't see that lasting.
Scott is a highly talented writer and photographer, and I got a feeling that his higher ups don't appreciate him. Any publication would be lucky to have him, and I hope they're paying attention to his work when it comes to hiring reporters at their publication. Right now he's the only thing keeping anything even close to journalism at that publication.
I will say this. Thus far, I'm not impressed. Well Mary Jane Ferguson, you got your little happy, fluffy garbage publication. I'd update my resume if I were you, because I doubt whoever beats Michell Hicks in this year's election will be any more impressed by your performance. Look at Cherokee Bottled Water and the One Feather. That's two sinking ships you've captained. And I find it hard to justify a high paid position that only supervises Travel and Promotion and the Fair Grounds, especially when those two programs could justifiable be placed under Economic Development.

New Election, New Opportunities

2011-01-05T19:20:00.000-08:00

It's now 2011, which means there will be another Principal Chief's election. I know of at least four running, including the incumbent Michell Hicks. Whichever direction voters want to take, I hope it's one that brings real change, which means Michell Hicks needs to go.
Recently the Cherokee County Community Club changed leadership, and it's been a difference of light vs. darkness since that happened. Differences of opinion are now encouraged, and it's truly refreshing.
At the meeting where community members voted to change leadership, Chief Hicks was in attendance. He announced he'd seek a third term, and then stated that his record speaks for itself. Well, yes it does. Let's take a look.
* Opposed press freedom and government transparency - I'm not going to discuss my case against the tribe, but I will address the free press aspect of it. Chief Hicks has no respect for the rights of the press. He opposed the freedom of information act, and ignored the free press act, a law he signed, when he issued his executive order abolishing a column from the One Feather. Regardless of what one thinks of "Rants and Raves," a law was in place to keep politics out of the editorial process, and Hicks flagrantly violated it.
* Opposed freedom of expression for opinions for which he disagreed - ask People for the Ethical Treatment of Animals. He suggested banning the animal rights organization after they suggested a boycott of Cherokee over the tribe's refusal to mandate improved living conditions for bears on display. He and some of his cronies on Tribal Council accused the organization of violating tribal law. Other critics of his, like easternband.com have had to endure harassment from tribal officials.
* Mountains of debt - Hicks proudly opened a golf course that put the tribe millions in debt. This was after the tribe was approached by private investors who were willing to do it at no cost to the tribe, and even could've made the tribe money. The golf course isn't doing well, in fact neither is the theater built at tribal expense, and I'd love to see how much was spent prepping the Wal-Mart site, a project for which the mega store giant abandoned.
* $9 million budget shortfall - the tribe did the ultimate in stupidity, they created budgets based upon revenue not yet realized without updating and reforecasting on a quarterly basis, like the casino does. Hicks chose to immediately point a finger at the casino for supposedly not providing him with information regularly, information he as chief could've requested at any time and would've gotten it.
* More than $60 million lost from the minor's fund. Granted most of us expected some losses for minors in how their per capita disbursements are invested, but there was no avenue for minors who were nearing the age of withdrawal, like there is for 401k investors who can opt to have their savings invested more conservatively. Some children lost as much as $20,000 each.
* Hiring a number of unqualified candidates for highly important positions. Where could it be that someone who never set foot in a college classroom could be put in charge of a program that provided health care? No where else but the Eastern Band of Cherokee Indians. Sooner of later this will bite the tribe in the butt.
* Expensive townhomes and condos that remain unoccupied after years of construction, not even making a dent in the housing shortages for the tribe.
Now on the positive side of things, Michell Hicks did manage to get himself a pretty sweet retirement plan, oh wait, the tribe in the long run won't be able to afford that either.
If Michell Hicks prevails in a fair election this time, so be it. But if the people allow him to remain after propagating to non residents who aren't likely to know any better, after refusing address disenfranchised resident voters in Wolfetown and after any irregularities that could unfairly affect the outcome of the election this September (or June), than the tribe deserves exactly what it gets.

Conversation With Former Finance Deputy

2010-10-31T08:56:00.000-07:00

I've been pretty hard on Charles Penick, the Deputy of Finance who ultimately carried out the act to remove me as editor of the One Feather. When he lost his job, I had a pretty good feeling that I would get some insight as to what happened. Turns out I did.
I never blamed him for the action. I knew the chief was behind it, and while Penick may not have been a Pilate, he did drive the nails.
I actually talked with Penick briefly yesterday. I don't have the animosity toward him that I once did. I can say that whatever he could've testified to in my case against the tribe would've given me leverage, and for that I am appreciative. At this point, and I did tell him this, my case is over. I look forward to putting this issue behind me and moving forward. I harbor no ill will toward him, nor any of the other tribal bureaucrats who took part in my removal.
However, I'm very curious to know what else the former finance deputy knows.

Situation Resolved

2010-10-06T12:01:00.000-07:00

To those who've been following my wrongful termination lawsuit, I will go ahead and let you know that the tribe and I have settled. I won't comment on the specifics, but I will say that I'm satisfied with the outcome and look forward to putting this issue behind me and moving forward.
The tribe still needs a free press, and the tribe needs to follow its laws. Whether it's to make the free press law applicable and meaningful to the One Feather (which means rescinding amendments which made the director of Marketing and Promotions part of the editorial board), or that someone take a chance by starting a private publication makes no difference. The people are entitled to a free press, and they're entitled to holding their elected officials accountable.

Chief Saunooke Bear Park Found in Violation of Federal Regulations

2010-09-23T06:04:00.000-07:00

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.

Principal Chief Hicks' Warped Perception of Sovereignty

2010-08-28T11:59:00.000-07:00

Principal Chief Michell Hicks has a warped perception of sovereignty.
People for the Ethical Treatment of Animals (PETA) is asking for the the business license of Chief Saunooke Bear Park to be revoked after a nine-year-old girl was bitten by a bear cub. While one thing that should be noted is the park's owner Cole Clapsaddle, at one point, had been indicted on some 60 plus charges of fraud, the bigger attention getter is Chief Hicks' statement that they respect differing opinions, but that PETA needs to respect the tribe's sovereignty.
OK aside from the fact that he doesn't respect people's right to have different opinions, (If that were the case, I'd still be One Feather editor.) the bigger point I take issue with is his perception of sovereignty. Sovereignty does not give the tribe the right to do whatever it wants. That's a crock. With sovereignty comes responsibility, and when the chief stands to defend businesses that are a black eye to the tribe (PETA isn't the only group complaining; tourists have been complaining for decades about these animal displays), he's doing it on behalf of the tribe, and it's making the majority of tribal members look like callous jerks. That's leading irresponsibly (I won't get into the reckless spending, questionable use of tribal credit cards, engaging in conflicts of interest and his fondness for wife beating and rapists here). Well the chief doesn't speak on my behalf. I'm disgusted by these displays and his soulless, gutless leadership as well as his unwillingness to even tell the truth about this issue (I can find veterinarians who'd dispute his assertion that the bears are well-cared for.).
The chief's assertion that this organization, known for protesting naked and throwing red paint on fur wearers, is a threat to the tribe's sovereignty is laughable. But even more than that, it's well documented that the chief even suggested banning PETA from tribal lands. How's that respecting differing opinions?
What I hope is that this tribe has the strength to remove Chief Hicks from office next election and put in a chief who understands what sovereignty really is, that in a democracy, the people are sovereign, not the government.

How do We Come Up With $9 Million?

2010-08-18T11:55:00.000-07:00

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

2010-08-11T07:08:00.000-07:00

“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

2010-08-10T11:13:00.000-07:00

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?

2010-07-17T05:55:00.000-07:00

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

2010-07-14T06:55:00.001-07:00

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

2010-07-08T07:00:00.000-07:00

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

2010-07-03T06:18:00.001-07:00

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

2010-07-03T04:53:00.001-07:00

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

2010-07-02T08:05:00.000-07:00

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

2010-07-01T06:58:00.000-07:00

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

2010-06-23T07:27:00.000-07:00

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

2010-06-23T07:17:00.000-07:00

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

2010-05-31T06:44:00.001-07:00

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

2010-05-31T06:38:00.000-07:00

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

2010-05-17T13:25:00.001-07:00

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

2010-05-03T12:44:00.000-07:00

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

2010-05-03T07:04:00.000-07:00

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

2010-04-26T07:06:00.000-07:00

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

2010-04-26T06:41:00.001-07:00

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?

2010-04-19T05:39:00.000-07:00

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

2010-04-16T06:31:00.000-07:00

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

2010-04-16T06:25:00.001-07:00

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

2010-04-16T06:15:00.000-07:00

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

2010-04-09T06:44:00.000-07:00

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

2010-03-24T08:51:00.000-07:00

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

2010-03-17T09:11:00.000-07:00

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

2010-03-11T09:53:00.000-08:00

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

2010-03-09T06:05:00.000-08:00

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

2010-03-05T06:27:00.000-08:00

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

2010-03-04T06:27:00.000-08:00

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

2010-02-27T18:40:00.000-08:00

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

2010-02-27T18:07:00.000-08:00

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

2010-02-23T08:34:00.000-08:00

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.

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

2009-11-17T08:51:00.000-08:00

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

2009-09-30T11:33:00.000-07:00

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

2009-09-10T14:12:00.000-07:00

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!

2009-08-09T12:44:00.000-07:00

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

2009-07-31T13:23:00.000-07:00

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

2009-07-21T14:06:00.000-07:00

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

2009-07-20T13:18:00.000-07:00

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

2009-07-18T19:03:00.000-07:00

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

2009-07-12T15:13:00.000-07:00

"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

2009-07-12T15:00:00.000-07:00

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

2009-07-12T14:56:00.000-07:00

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

2009-06-17T14:01:00.000-07:00

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

2009-06-15T13:37:00.000-07:00

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

2009-06-15T13:29:00.000-07:00

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

2009-06-03T13:02:00.000-07:00

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

2009-05-30T08:08:00.000-07:00

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.

2009-05-26T16:46:00.000-07:00

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

2009-05-25T10:24:00.000-07:00

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

2009-05-25T08:19:00.000-07:00

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

2009-05-25T08:08:00.000-07:00

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

2009-05-15T17:36:00.000-07:00

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

2009-05-05T12:36:00.000-07:00

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

2009-04-09T06:33:00.000-07:00

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

2009-04-07T08:55:00.000-07:00

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

2009-04-07T08:21:00.000-07:00

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

2009-03-31T12:00:00.000-07:00

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?

2009-03-24T05:51:00.000-07:00

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.