Reviewing the Governing Document

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

Political Influence and the Courts

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

My Lawsuit

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

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

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

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

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!

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.