I Love the Smell of Litigation in the Morning

I don't want to dwell on the man who fired me with accusations that I was unethical, based upon a politically motivated interpretation of the Tribal Personnel Policy. I have seen this post on easternband.com, but I don't have anything that confirms it, and getting such confirmation could land some poor tribal employee in trouble for violating confidentiality, and we don't want that.
What I can point out is that the fact that Charles Penick is still employed as the Deputy of Budget and Finance after his charge of assault on a female demonstrates a double standard of the Hicks administration.
Terri Henry was a director until she was accused of slapping her boyfriend during an argument. He charged her, and she was fired because of it. Despite the case being dismissed, she still lost her job. She said it was because she refused to hire a Hicks relative. The charges against Penick were dropped, but Penick never lost his job. He even had a gun taken away from him at the time.
Of course the double standard isn't anything new. Tribal PR Coordinator Lynne Harlan is still employed, still writing her puff columns for the Asheville Citizen-Times. This is after I lost my job for writing columns for the same publication. The difference was, Chief Hicks didn't approve of what I was writing.
Maybe I'll get confirmation that what was posted on easternband.com is true. Maybe I won't, but the double standard has been unquestionably confirmed.

New Year Marks New Election - Make It Count

We're coming upon a new year, an odd numbered year, which means one thing of significance for the Eastern Band of Cherokee Indians. It's an election year. Tribal voters will go to the polls to cast ballots for school board in some communities, council members in all communities.
Thus far, the poll on this site shows that some of the incumbents still have some support. Yet the majority results of the poll (Of course I realize it isn't scientific.) show that most people are dissatisfied with the incumbents.
As the pay for council members has continually risen over the years, almost with nearly every council term, what has resulted is more people have been seeking these positions for the wrong reasons. They're looking for a job. That shouldn't be what we're looking for.
We need people who know what the role for council members is. It's to serve as the legislative branch of tribal government. It's not to go on lavish trips. It's not to mingle with big shot politicians. It certainly isn't to dance to the chief's organ grinding. It's to make laws and serve as a check on the power of the executive and judicial branches.
So far, this is the most ineffective Tribal Council in years. The majority of them seem to have no guts at all, cowering to the chief or to any preacher telling them they're going to hell if they don't vote they way he thinks they should. There's no independence. Most of the time, Council can't even make a decision. Everything's tabled to the point that most people have forgotten about it.
We've got tough times ahead. If there's ever a time to have ethical, wise and educated decision makers in office, now is the time. We can't have people who believe that laws don't apply to them. Nor can we have the stumbling ignorant buffoonery that we've had for the past six years. Cherokee County/Snowbird Council Member Abe Wachacha, when put on the spot by my wife over his vote in support of a terrible ordinance proposed by Chief Hicks, even told her that he had no idea what he was voting on. That's unacceptable, and unfortunately it's par for the course for Tribal Council.
People in these positions will be making decisions on gaming compact negotiations, possible casino management contract negotiations, budgets and proposed laws. We can no longer afford to make decisions based upon who's family or other such nonsense. We have to have the best individuals for these positions. Get yourselves informed and choose wisely.

The Future of Cherokee's Economy

I've noted before that Mary Jane Ferguson was elected to the Southeast Tourism Society. In the article published by the Asheville Citizen-Times, Ferguson states, "The tourism landscape is rapidly changing as travel trends evolve due to poor economic conditions. I now have a chance to work with other leaders in the industry to positively impact the growth of travel and tourism throughout the Southeast." I've worked for Ferguson, and if they're going to take her advice on promoting tourism, then they're in trouble. Ferguson is on the board for the Cherokee Historical Society, which proclaims that, unbelievably, they're bucking the trend of declines in visitation reported by other tourism attractions in the area, most notably Asheville, and even the tribe's casino.
Cherokee tourist trade was in decline even in good economic times, and Ferguson's focus has been on the "heritage" attractions, while stores catering to tourists boarded up and closed their doors. While Ferguson has focused on "heritage" tourism, which some studies have shown doesn't work, downtown Cherokee has started rusting into obscurity leaving behind some of the most hideous displays.
Cherokee will soon be tasting the bitter fruits of poor planning. There's an old cliche out there that states, don't put all your eggs in one basket. While tourism is undoubtedly the top economic engine in Cherokee, it needs to explore other opportunities, and Cherokee hasn't been doing that, unless you count Wal-Mart, which basically will be the final nail in the coffin for small businesses left in Cherokee.
So far the efforts to revive tourism have been to thumb their noses at the casino, which admit it or not, is the main reason tourists come to Cherokee, and they tend to spend the most money. They also tend to prefer to shop at high-end retailers, none of which exist in Cherokee. Other such notable efforts have been to borrow a huge amount of money to build a golf course that a private developer could've done at no cost to the tribe, and the chief, based on his own personal agenda, stopped a referendum vote on alcohol sales in the casino, which has been proven at other casinos to boost revenue. Other efforts have been to target pow wow dancers on the streets of Cherokee and the poor guys posing for photos with headdresses on. The Rebel flags, which many tourists find offensive, the trashy display of thongs and lingerie and bear and wildlife displays that could soon bring the ASPCA to picket (Some animal rights activists have already urged tourists to boycott Cherokee.) don't seem to be getting an eye batted by Ferguson. Neither she, nor anyone in tribal planning, economic development or tribal government has addressed the fact that Cherokee typically has the highest gasoline prices in the region, another component that discourages tourists from visiting.
Unfortunately Cherokee is stuck with such lack of insight for the next nearly three years (unless of course Chief Hicks and Vice Chief Blythe are removed from office before 2011 or either one of these two has an epiphany and recognizes a liability when they see one). Ferguson once told me that Cherokee is a Utopia. Yeah, real realistic. She also has labasted me for my work at the Cherokee One Feather because I was too "negative." It didn't matter that my work won awards. It didn't matter that I broke ground for that publication (for example the first time Associated Press put a story from the One Feather on its wire was under my direction). I was expected to push her agenda to make Cherokee look like a Utopia. She wanted stories about people laying sod grass at the fair grounds to be on the front page, and she wanted the drug dealers, rapists, child molesters and murderers buried insigificantly in the middle.
Cherokee needs people promoting tourism who not only know what they're doing, but are willing to be realistic. It means they must be willing to listen to what they don't want to hear. It needs people willing to work with others in the tourism industry rather than alientating them. Then they can take that feedback to create an effective marketing campaign that could actually, and indisputably increase visitation. Unfortunately that's not what Cherokee has now, nor does it have the leadership willing to do something about it.

A Call to All Tribal Servicemen and Women: Send Me Your Thoughts.

I get a little emotional when I think about what soldiers, sailors, airmen and marines are doing for this country, and this tribe. It's one of the reasons I get so angry at the tribe's leadership when they completely disregard the rights of tribal members, for which these brave individuals risk their lives defending. I was particularly disturbed when Principal Chief Michell Hicks hypocritically spoke through tears of insincerity at the VA Hospital ceremony naming the center after Cherokee hero Charles George, who gave his life in the Korean War to save his fellow soldiers. The fact is Michell Hicks has been profaning the ideals for which George gave his life and has been advancing the ideals that George was fighting and that Kim Jong Il now embraces.
I got this response from the uncle of tribal members serving in Afghanistan, after I posted about Tribal Budget and Finance Deputy Charles Penick's bloviating defense of the rights for which he defending during his military service from Vietnam through the first Persian Gulf War:
My nephews are enrolled members of this tribe. They are also serving in Afghanistan. I talked to them about this very issue and told them of Penick's response.
First, they wanted to address his woman beating ways (Penick was charged with assault on a female). They both said he dishonors himself and the oath he claims to uphold. Real men don't beat women. Secondly, they said that he does not speak for them, nor would they ever consider voting in a place that they do not live. The(y) would not take that right from the people who live here. 'It's ridiculous of those who do not live under the rules of the reservation to vote in an election that does not affect us. We would be voting blindly, especially since we do not know the issues. How many of you vote blindly?' This was (their) partial response.
However, I will tell you this. They were outraged at his 'balls' to presume to speak for (all) those who do not live on the reservation. They were still outraged at the fact that he would use his service in the armed forces as a basis for his argument."
It felt good to hear a perspective from those serving in the military responding to the arrogance of Penick. I'd like to hear more from those serving in the Armed Forces. My Grandpa Washington was a Marine who took a Japanese bullet in Okinawa. My Grandpa Martin was captain of the S.S. Norman Scott when it took a hit from a Japanese torpedo. My father and his brother both served during the Vietnam era, and my brother was a medic with a mechanized infantry unit in Fort Stewart. Family members of those in the military all know the risks and the sacrifices made by those who serve. That's why the rights guaranteed by the United States Constitution, to which all in the Armed Forces swear oaths to support, defend and bear faith and allegiance, must be honored. I can think of no greater honor, than to receive and possibly post the opinions from these individuals. I respect and honor that for which you fight, even if tribal leadership doesn't.

Wishing All the Best for Christmas, the Holidays and New Year

I wish everybody a Merry Christmas, happy holidays and hope the best for the new year. These will be trying times, and during those times the true character of the people will show. I wish the best for every one.

Another One For the "Are You Brain Damaged Category"

The Tribe's Marketing and Promotions Director Mary Jane Ferguson was recently elected to the Southeast Tourism Society. Ferguson was hired by the tribe in 2004 for that position. She had none of the required credentials to run that program, and after four years of "on the job experience," she hasn't demonstrated anything impressive. Cherokee still is an eyesore downtown, and the casino, the tribe's and the state's top tourist attraction experienced a drop in profits. Ferguson was my boss, and I'd sure like to know what these guys saw in her, because they didn't see what I saw.
Stranger things have happened. Tennessee hired Oakland Raiders disaster Lane Kiffin after getting rid of a coach that took them to a national championship. Auburn hired Gene Chizik, whose career record was 5-19 at Iowa State after getting rid of a coach that took them to an undefeated season with a run for the national championship in 2004. Ferguson was hired over experienced and qualified applicants for the job.
As a program director under Ferguson, I was the quarterback. I've lined up in the I formation, and I'm reading blitz. Ferguson has just told me to bunt. The other managers under her are in the same situation. They have to be because the Marketing and Promotions division's response to the bad economy has been to pretend it isn't happening.

Leadership Has Credibility Problems

With all of the aftermath of the fire that demolished the Tribal Operations Program building, what's been interesting has been to see the blame people have been putting on Principal Chief Michell Hicks. I'm not going to point fingers until I see something that points to a source.
Some things need to be noted. The documents most likely to be used against the chief would've been stored in the Budget & Finance building. Tribal credit card statements that could take him and the vice chief down have even been published on easternband.com. Also, federal agents supposedly left tribal finance offices with boxes of documents, so I'd say there exists plenty to get around any supposed cover up.
That said, this also should be taken into account. Chief Hicks has been incredibly hostile to open government. He violated the Free Press Act twice. He vetoed the public information law, which took a Tribal Council override to become law, and he's not above participating in closed-door meetings to discuss matters that should be public.
The real issue at hand is how little credibility tribal leadership has. The chief expresses his sadness to the media about the damage from the TOP fire, and his constituents call crapola on him. His sentiment was met with immediate suspicion.
I look forward to charges being brought on someone in connection to this act, which police said was intentional. I certainly would like to know the truth, and like many in the Cherokee community, I doubt we'll get it from our elected officials.

Why Do they Ask the Chief's Opinion on Things For Which He has No Credentials?

Principal Chief Michell Hicks is not in law enforcement, nor firefighting, nor criminal justice. So why the hell is it when a reporter seeks a comment about this issue or that, they ask the chief, no matter what.
Here's his comment in the Asheville Citizen-Times Reporter Clark Morrison's coverage of the fire at the Tribal Operations Building. He even appeared on the scene himself. "Basically, we have ruled out that the fire was accidental and/or electrical." Fire Chief Curtis Arneach or Police Chief Ben Reed could've told him that. Michell Hicks is an accountant. That's his area. If the Citizen-Times wants to know how to report something on its tax return, Michell Hicks is the man to ask. If they wanted to know the cause of the fire, they should've asked those actually digging through the ashes. The title of principal chief does not bring credentials in several fields with it. If it's a public relations concern, then Chief Hicks needs to hand it off to people who know what they're doing, because he's pretty lousy at it. Wait a minute, he doesn't have any public relations people who know what they're doing, just people who sing his praises thinking that convinces tribal members that we've got a great leader. So to the outside media, find a professional working within the tribe who actually can answer your questions with some relevance.

Fire at the Tribal TOP Building - What Happened to the Records?

Cherokee Police Chief Ben Reed reported that a fire occurred at the Tribal Operations Program (TOP) building in the early hours of this morning. Arson is suspected, but that's all the police are saying at this point. This building houses resolutions, ordinances, either passed or killed, those vetoed with it being upheld and those that overrode vetoes to become tribal law. This building housed valuable information going back decades. I hope none of this information was destroyed, but that hope likely isn't realistic.
The only motivation had to be to destroy information. If it was aimed at Tribal Council or the chief, it would seem that the Council House would've been the more logical target. This makes me sad, and angry. Those records belonged the people, and quite frankly TOP should've been provided with a better and more secure location in order to protect those documents.
Reed made this statement, "A criminal investigation is under way and every effort will be made to find those responsible for this crime. If anyone has any information about this, please contact the Cherokee Indian Police Department through the Public Safety office at 828-554-6168. There is a $5,000 cash reward for any information leading to the arrest and conviction of those responsible."
I can't express enough how much I've appreciated TOP. They've always been willing to find old resolutions, documents, etc. both when I was editor of the One Feather and at my own publication. The only time they wouldn't provide me with something was when it wasn't kept there, like some of the really old documents. TOP never refused a request to provide information, even prior to a tribal law requiring it.
To the ladies who work at TOP, I say thank you, and keep up the good work. You provide a most valuable service to the tribe, and I appreciate you.

"Saigon, Shit. I'm Still Only in Saigon"

Sometimes things are said during Tribal Council sessions that really stick in my mind. While I can't remember what month it was, I remember the issue discussed was restricting voting in tribal elections to the counties of western North Carolina. The issue of non resident voting aside, one boisterous tribal deputy had to chime in with his opinion.
Charles Penick, the deputy of Budget & Finance, addressed the Council to deride the proposal. While I have no issue with him expressing his opinion on this controversial issue, and in fact I have no issue with his opinion on non resident voting itself, I do have to take one particular and important exception.
Penick cited the fact that he's a veteran. He served in Vietnam, up through the first Persian Gulf War, and he was adamant about the fact that he was defending the rights of those non resident tribal members to vote and wasn't going to sit there and listen to someone try to take those rights away.
Here's why I take exception. Penick actually served on the same Army base as my father, Fort Campbell, at the same time as my father's service. I know the oath servicemen and women take at induction time, "Support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same."
Penick didn't get to pick and choose which rights he was defending. He also fought to protect freedom of speech and freedom of the press, guaranteed by that same Constitution to which he swore an oath to defend and bear true faith and allegiance. When the principal chief attacked freedom of speech and the free press, Penick, who oversees Marketing & Promotions and the tribal weekly newspaper The Cherokee One Feather, sat on his hands.
Now this is a man who stood up to Ho Chi Minh and Saddam Hussein. Why in the world wouldn't he stand up to Michell Hicks?

Tsali Care Rates Poorly With Medicare

Tsali Care Center has not only drawn the attention of nursing home advocates, the federal government has issues with the center too. It's a lead story on cherokeetimesonline. It's important to note that the center did rate highly as far as the nursing staff and the amount of time that staff spends per patient. The quality of care issues usually can't be traced to the staff. Usually it's the management, and in this case it certainly has something to do with the leadership of the tribe's Health & Medical division. Health & Medical has been cutting services, particuarly some of it's best services in terms of quality. Drug addiction treatment, an important part of the fight against illegal drugs, has been among the services negatively impacted by the Hicks' administration's leadership.
Several moves by Health & Medical have had me wondering whether the leadership knows what the hell it's doing.
One thing that should come out of this, is that most of these residents are nearing the end of their lives. They deserve to live as comfortable and happy a life as they can. Many of these residents are veterans who risked their lives protecting the United States and democracy. They unquestionably deserve better.

Turmoil at the Asheville Citizen-Times

Susan Ihne has filed suit against current Asheville Citizen-Times publisher Randy Hammer. Ihne's lawsuit speaks for itself. She claims verbal abuse, age and sex discrimination. With layoffs and the planned closing of its Asheville printing facilities, it appears that the only daily newspaper that covers western North Carolina (at least that's their intent), is in complete turmoil, and I really wonder not only what's going to happen to this once great newspaper, but just what the hell is going on at the Citizen-Times.
The Citizen-Times has been steadily going downhill over the past few years. My biggest complaint, particulalry now, is that they hardly ever cover the Eastern Band of Cherokees. When they do, it's usually about the casino, and usually nothing that qualifies as hard news. Their coverage of Principal Chief Michell Hicks' administration has been particularly softball.
I must give credit to a couple of exceptions: Jon Ostendorff and Kerra Bolton, who now works for the North Carolina Democratic Party. Chief Hicks has expressed personal displeasure with Ostendorff to me personally as he disparaged him while berating me in my office over what he said was a misquote. Both Bolton's and Ostendorff's bylines were on a story that brought the chief major embarrassment, one that exposed Hicks as misleading the public about how well gaming compact negotiations with Gov. Easley were going. Ostendorff, I know has been willing to do the hard stories. I also have to give credit to John Boyle, an often controversial columnist, who reported my termination from the One Feather while tribal officials tried to pretend I resigned.
Unfortunately, the majority of the paper's coverage of Principal Chief Michell Hicks mirrors this powder puff example by then staff writer Jill Ingram, who's now on the PR staff for Western Carolina University - A major piece about the chief and his wife handing out Christmas boxes in Big Cove.
These puff pieces in and of themselves aren't so bad. What made it hard for me as editor of the One Feather arguing the case for solid journalism was when such examples were held up for me to follow. Marketing and Promotions Director Mary Jane Ferguson, who was my supervisor, even suggested that I could win awards filling the One Feather with such garbage. At one time I could count on the Citizen-Times for support from journalistic colleagues fighting for the same principles. My last few years, I really felt as if I was on my own.
I wish Ihne well, and for the sake of so many talented writers and journalists at the Citizen-Times, I hope things turn around for them and that things change for the better. While the economy can partly be blamed for what's wrong at that paper, I also feel as though the paper has been mismanaged in recent years as well.

Declining Park Visits and the Cherokee Economy

As much as some among the tribe's tourism industry would like to deny it, the Great Smoky Mountains National Park is its greatest tourism draw, second only to the casino. The Asheville Citizen-Times posted a story today citing the decline in visits to the national park. While it still shows increases in tourism spending in 2007 over 2006, 2008 has yet to be determined.
Park officials said they expect spending this year to either be equal to or slightly higher than 2007. Two things need to be taken into account when those figures are released. One is gasoline prices have been much higher this summer, the height of tourist season. The other is prices everywhere for everything have been going up. Inflation needs to be part of the equation, which when accounted for could actually show a decrease in consumption.
This story comes on the heels of the tribal PR machine making it out as though the tribe has been defying the odds of the national economy. Tribal PR Coordinator Lynne Harlan, in a column for the Citizen Times, even states as an old saying, "We didn't know there was a depression!" Businesses in Cherokee were closing their doors during good economic times. Plenty of business owners in Cherokee know full well the realities of the economy, and for a tribal official to make such a statement shows that when times take a turn for the worst, and they will, the tribe will be woefully unprepared. It's not like it was in 1929 when the tribe was poor to begin with. The tribe has assets, it's seen unprecedented economic growth in the past 10 years, and tribal members, through casino per capita payments, have been able to purchase items previously unattainable. That's highly likely to take a reverse trend in the next couple of years as businesses close, as fewer people with disposable income visit the casino (which has admitted that profits are down), as the reduction in consumer spending in Cherokee results in a reduction in tribal levy, that will mean tribal leadership will need to make some tough choices. So far, tribal leadership seems not only unconcerned, but completely ignorant of reality.

Cherokee Court

I've had plenty of reasons to doubt the credibility of the Cherokee Courts. When my lawsuit against tribal government for wrongful termination comes to some kind of resolution at that level, I'll write more about it, but just the tip of the iceberg - Wilson Pipestem, the husband of Supreme Court Justice Brenda Toineeta-Pipestem, has a lobbying contract with the tribe over which the principal chief has direct authority. That's on top of the fact that every tribal employee's paycheck, including judges and justices, is signed by the principal chief. It's not too much of a stretch for an ethically-challenged principal chief to use that authority to try to sway a court decision should any case arise involving that principal chief.
When I criticized in a column for the Asheville Citizen-Times the way the tribal courts were set up and the fact the it currently is too easy for improprieties to happen with no consquences, Justice Harry Martin, who should've been out of the game years ago, wrote a response arguing there was nothing wrong with it. The photo with this post says it all.

Tribal Spending Priorities - Drug Addiction Treatment...We'll Get Around to It

When the need for a long-term addiction treatment center was brought up in Council, the chief was asked why the center hasn't been built yet. New school construction and water & sewer work, blah blah blah were cited as priorities.
Chief Hicks has been big on pushing his fight against drugs. While arresting dealers, traffickers and such is a part of that, so is working to reduce the demand for illegal drugs.
As badly as the Hicks administration is failing to get the illegal drug trade off of tribal land, it's doing a worse job of addressing the demand. Sure new schools are important (one hopes the plan is more than just new buildings to address problems with the tribal educational system), but others such as health care, which has been diminishing under Hicks' leadership, are also important. The more people who recover from drug addiction, the less the demand, and the less of a market drug dealers have. If it becomes less and less worth it for drug dealers to come on tribal land, you've won half the battle.
However given these "priorities," how can the chief justify what's been spent on the new theater, which couldn't even attract a decent number of customers before the economy went to hell? How can he justify the upcoming golf course? The tribe is in for some tough times, no matter how much their spin novices try to convince the public otherwise. Not only will the tribe need to curtail its unnecessary spending, it will also need to prioritize, and prioritize properly. Drug addiction treatment is a good deal more important than a fancy, tribally-funded theater or a golf course that's getting the tribe into some serious debt.

Speaking of one of these "priorities," what is the school project costing the tribe? Is it staying within the budget? What is the cost comparable to other similar projects elsewhere? How about releasing these figures chief?

It's hard to believe that the most wasteful tribal administration in history has any kind of priorities at all.

Tribe's PR Claims Cherokee is Defying the Economic Odds

Ashvegas posted a story about Cherokee. Through the tribe's cultural marketing, it's defying the odds and reporting an increase in visitation this past year.
OK, let's get something straight. Over the past several years, fewer and fewer vehicles could be seen traveling through Cherokee. When I was a kid, you couldn't get through Cherokee without it being at least an hour's drive on the 4th of July. This July 4, it was no problem. I've gone to "Cherokee Historical Association" attractions this past year, and I have a hard time believing that attendance was up with any kind of significance. Anyone who's struggled to pay the $4 a gallon prices for gasoline right around the peak of tourist season knows they weren't going to drive unless it was necessary. With people who aren't affected by travel costs like that, they're going to forgo Aspen or Paris for Cherokee? Who are they trying to kid?
Even the tribe's spinners can't deny that the largest attraction in Cherokee is the casino. It reported that profits were down this year, which means visitation was down (in fact the casino's been cutting jobs). It showed in tribal members' casino per capita payments. Without the casino, the Historical Association would get a fraction of its visitation.
Where is the Historical Association getting its numbers? Here's a better question, will the tribe release how tribal levy has been doing? In particular, how's tribal levy excluding the casino's contribution? I have my doubts we'll be given these numbers willingly.
Other reasons to question this finding is the fact the so many tribal businesses in Cherokee have been hurting. It wouldn't be a surprise to see a large number of them close. They'd probably question visitation being up in Cherokee too.
The Goss Agency was quoted in the press release cited by Ashvegas. The Goss Agency was hired by the tribe to help paint a rosy picture of life in Cherokee. I'd be curious to see how the Goss Agency responds to the number of shops closed in downtown Cherokee or the nice new condos built that aren't even 25% occupied, despite the waiting list for housing. Maybe the Goss Agency would like to explain why the quality of life in Cherokee has be steadily decreasing over the past five years. Can they? Because tribal leadership sure isn't explaining it.
BTW, for my Native American readers, the Goss Agency in Asheville replaced Native American owned firm G&G Advertising in Albuquerque, N.M. who actually came up with the smartest ad campaign to promote Cherokee that I'd ever seen.
Interesting that the tribe wants to rely on the Goss Agency when it suits them. The same company was used to conduct a market study for the tribally-owned weekly newspaper The Cherokee One Feather. Goss found two notable findings. There was a lot of interest in the "Rants and Raves" column which Chief Michell Hicks ordered discontinued (likely because it had a lot of anonymous criticism aimed at him), and that people didn't want a censored, "happy," newspaper. I actually have a copy of this study, conducted in 2006.
Until I see some actual financials, ones that weren't run through government filters, I don't believe a word of this. I'm sorry, but Cherokee's leadership has no credibility, and some of them sit on the board for the Cherokee Historical Association. If the Citizen-Times or any other publications receive this press release, I hope they'll ask questions. There's an old saying, if it sounds too good to be true, it probably is.

The T. Boone Pickens Plan

I watch OPEC's actions with great suspicion when they make decisions to cut production in order to raise their prices. That often turns into higher gasoline prices. I then think about the countries from where the United States imports most of its oil. Venezuela, and Saudi Arabia, a number of countries with hostilities toward Americans.
Foreign oil boycotts have been tried in the past, with some disastrous results. While some solutions have been to "drill baby drill," we have to face the fact that oil isn't a never-ending resource. We need to seriously look at ways to wean ourselves off of, not only foreign oil, but oil period.
I've looked at T. Boone Pickens Plan, and it's likely the smartest approach we can take to addressing our current energy crisis. It makes a lot of sense economically too.
Western North Carolina, which currently lists a health care management organization and a casino as its top employers can benefit greatly by exploring and implementing alternative energy possibilities.
Wind energy is abundant in the mountains, particulary in the area in and around Boone. Natural gas also has a lot of potential. I encourage everyone to check out this plan. Alternative energy is going to be the next big boon for the economy, and we should take advantage of it.

Tribal Government and Communism

Referencing the "C" with the feather logo used by the Cherokee High School Braves sports teams, Diamond Brown in making a plea for Tribal Council to pass legislation calling for a referendum to split Cherokee County and Snowbird, stated "That 'C' doesn't stand for communism!" Maybe not, but let's not ignore the trends that tribal government has been taking. The obvious lack of respect Principal Chief Michell Hicks has for civil rights and public opinion, are definite indicators of the tribe heading toward despotism. But look at what tribal government does as far as a free market.
Chief Hicks banned the privately-owned Cherokee Times from Tsali Care Center, a tribally operated nursing home. The tribe, under his direction, has spent ungodly amounts of money building a theater and will spend ungodly amounts of money building a golf course. Rather than seek out private investors who would put up and spend their own money, government officials have decided they should do it.
The tribe runs health care, education (through an entity), a significant portion of the tourism industry and is getting more and more involved in private enterprise. We also can probably expect to see more interference in the gaming industry.
But the scariest thing is how much land the tribe keeps acquiring from individual tribal members. It's already bad enough that land held by individual tribal members is considered federal property held in trust for the tribe. But when those tribal member land holders, called possessory holders (the tribal version of land ownership), become less and less due the tribe buying and getting their holdings, more and more that makes the tribe a bigger possessory holder. If the tribe should become the sole possessory holder, then we will have achieved 100% communism.
We can stop it, if we care.

Parallels Between Two Anti Media Politicians

I've been a free press advocate since I edited my first edition of The Cherokee One Feather in 1996. I've always said that politicians who fight the press, whether it's access to information issues, open meetings or the mere act of exercising First Amendment rights, have something to hide. That opposition is usually highly indicative of major character flaws.
Such turned out the be the case with Illinois Gov. Rod Blagojevich. The governor is facing corruption charges over allegations that he offered the senate seat vacated by President Elect Barack Obama to the highest bidder. In addition to that, he also is facing charges for demanding the firing of editorial writers for the Chicago Tribune over articles critical of him.
That sounds awfully familiar. Michell Hicks made his first threats against my job back in 2005 after I published a campaign ad that encouraged voters to cast ballots for candidates who would oppose Hicks' agenda. He made these threats before an open session of Tribal Council.
While Hicks ratified the Free Press Act, he has yet to carry out its intent. He ignored it when he had me transferred out of the One Feather citing statements I had made to the Asheville Citizen-Times, a transfer I refused resulting in me losing my job. He ignored the Free Press Act when he issued his order doing away with a popular column he happened to dislike (it was one that featured frequent critical comments of him). In 2003 when he first ran, he came out in opposition to a free press.
Hicks has had a lot to hide too. He never disclosed during his first campaign when he ran on a platform of honesty and integrity that he was charged with assault on a female in 1999. Nor did he immediately disclose upon request tribal credit card statements from he and Vice Chief Larry Blythe, which had several questionable charges. His legal department still has yet to respond to my request for several financial documents made in June. Keep in mind that the tribe's public information law (which Chief Hicks vetoed) requires an answer given in about two weeks.
At the time I was ousted from the One Feather, I was looking into the tribe's political campaign donations after the Asheville Citizen-Times reported that the tribe hadn't complied with state campaign finance laws.
The actions of Hicks and Blagojevich prove my point, if a candidate for office doesn't support the rights of the press, they don't have your best interest at heart, and they don't deserve your support. Both men should rightfully be removed from office.

Harlan Says Everything's Peachy Keen

Most of what Lynne Harlan writes for the Asheville Citizen-Times are just uninspiring displays about her knowledge of Cherokee culture. Occasionally, though she writes a piece showcasing the wondrous works of tribal government in ways that would make Leni Riefenstahl beam with pride. Such as it is with her latest piece in the Dec. 5 edition. From reading that one would think everything's just wonderful for the Eastern Band of Cherokee. No mention was made of the casino not meeting projections. Nor did she mention staff reductions at the casino or reduction in forces through attrition.
She just mentioned what a boon it is when the tribe gets per capita payments. It's doubtful that she'd mention that the under-the-table loss of jobs at the casino is so that profits will continue, and tribal politicians and the casino's top management can save face. Exchanging per capita payments for jobs is not helping the economy. Nor does it help the economy when so many tribal members use per capita for living expenses, and that number is going to grow.
The tribe is going to be impacted by the economy. It's not like it was during the Great Depression when the tribe was poor to begin with. Businesses that pay tribal levy are already being hit, hard, and it's going to be a given that in addition to reductions in per capita, we can also see reductions in tribal levy resulting in less resources for tribal programs.
Here's the Citizen-Times' bio on Harlan: "member of the Eastern Band of Cherokee Indians, works as a freelance writer, curator and tribal historian." Here's what the Citizen-Times fails to mention. She's tribal government's Public Relations Coordinator. She gets paid to make tribal officials look good and give a rose colored view of life on tribal land. The Citizen-Times should take that into account when she writes these "Triumph of the Will" pieces. These aren't just the opinions of some random tribal member rejoicing in the quality of life on tribal land, which actually has been steadily declining since Principal Chief Michell Hicks first took office. This is Harlan's job, and it doesn't reflect the views of the whole nor does it give an accurate view of reality.

When Will Tribal Government Get It? We Need to Conserve Money

Bill Killian at easternband.com certainly has drawn the ire of Principal Chief Michell Hicks, to the point of the chief during a tirade in 2005 calling his site "trash." Well not his site but ebci.com, which sells printing supplies. Bill touched on something though. He's usually about 90% accurate with what he posts, and he now says that, according to Chief Hicks, the tribe will be bidding out installation of Christmas lights in Cherokee, something that volunteers had been doing for free.
Bill is right to call out the boneheaded decision making going on at the executive and legislative branches, but this is one example of far too many that demonstrate the tribe's wasteful spending. The Hicks administration is without a doubt the most reckless administration when it comes to spending. It's worse than any teenaged girl with daddy's credit card and her own cell phone.
I've written before that with upcoming hard times ahead, and any of the business owners in Cherokee can attest that times are hard, the tribe needs to cut its spending. For the tribe to not look at cutting expenses and add additional ones where they used to get them free of charge is asinine.
Other examples, the building of the theater. Driving by on a weekend night usually shows three or four cars parked there. The building is elaborate, much more so than most theaters, and unlike most theaters that were likely built at a fraction of the cost, this theater only has two screens. Why the tribe didn't just approach investors to spring for the costs themselves and do it in a way that could actually make money is a total mystery. I'd love to hear the chief's explanation on that.
I'd love to know how much the tribe has spent trying to attract Wal-Mart to Cherokee. With as much money as this company has made, for the tribe to have spent anything to bring it here is outrageous.
Of course there's also the consideration to purchase Cherokee Hardware for well above what the business is likely worth. And let's not mention the tribally-funded narcissism through the Goss Agency and Marketing and Promotions.
Sooner, more so than later, the tribe will have to pay the piper. If the first area they look is laying off employees, then the chief and every council member should hang their heads in shame.

Reaching Out to Non Resident Tribal Members

While putting Cherokee Times online was done basically with the purpose of having our publication accessible through a popular medium, the other purpose was to reach out to and inform tribal members residing away from Cherokee. It turns out that we're really doing some good.
Today, I received a thank you email from a tribal member, who's currently in physician residency in Greenville, S.C. I asked her if it was o.k. publish her letter, and I hope she says yes.
Tribal members who reside away from Cherokee are just as much tribal members as those who live on the tribe's trust lands. One of the reasons for her appreciation was, and these are her words, for "providing an intelligent and open news source that is easily accessible for those of us who are not currently living on the reservation, and cannot easily access print newspapers." She also expressed her appreciation for presenting news as it should be, uncensored.
Despite having to halt print publications for now, among our advantages over our competition is that we are online.
I understand where non resident members are coming from. I've been one of them. I grew up in Auburn, Ala. It was a great experience. I grew up on Auburn football watching greats like Bo Jackson play. I also watched Charles Barkley play basketball for the Tigers. I felt a great sense of pride when schoolmate Robert (Bobby) Gibbs was named as President Elect Obama's press secretary. Both the high school and university I attended continue to excel academically as well as athletically.
When I came to live on tribal trust land, that too was a great experience, but some didn't welcome me with open arms. My lineage was questioned. In fact some still question my "Cherokeeness" because I didn't grow up on tribal land. Interestingly enough, those politicians who depend the most upon non resident support have the most contempt for them.
I know that non resident access to information is virtually non existent. I still have two brothers residing off of tribal land. The only information provided to them by the tribe is fluff, the glossy annual report from Principal Chief Michell Hicks. The Cherokee One Feather is owned by the tribe, for which only subscribers can obtain if they don't live in Cherokee, Maggie Valley, Bryson City or Robbinsville, of which the chief has a final say on budgets, and now evidently editorial content.
The Cherokee Times website is one avenue for which they can obtain honest news coverage about their tribe. With other avenues for information, easternband.com and this blog, what's presented on those two sites serves an intent for opinion and commentary.
While the issue of non residents voting in tribal elections is one that is controversial, one aspect of why it's controversial should be supported by all sides. The lack of information non residents get is being addressed by Cherokee Times. The information is there if they want it, and since all voters should be encouraged to be as informed as possible, cherokeetimesonline.com provides a valuable service. I'm proud to offer it to all tribal members no matter where they reside.

News Reporting in the Age of Blogging and Internet

Smoky Mountain News did a story a while back about blogging in western North Carolina. Of course this blog wasn't in existence at the time. Editor Scott McLeod urged journalists and publications to embrace the new media rather than fear it.
While what's going on with the Citizen-Times and other newspapers is partly indicative of a turbulent economy, it's also partly because of the expansion of new media, particularly blogging, and quite frankly it's a viable competitor with newspapers.
I've been publishing Cherokee Times in print since June. We had to stop when the economy bottomed out in September, and we were backed into a corner. While I know there still is a market for a printed product, that market is aging. I honestly believe that printed newspapers will go the way of the do do in 25 years. Advertisers see the trend, so they've cut back on print ads.
I've decided to embrace the technology. We have our "newspaper" edition online updated regularly. It's much cheaper. It's easier, and we can get the news out faster and to a much larger audience. Plus I like the idea of being able to inform tribal members residing away from Cherokee, who are starved for honest information about tribal government. While our tribal government-funded competition is still printing papers, they're woefully behind the times. They're reaching a fraction of the audience we are. While they may have improved the look of the paper, they still have no website, and we're uncensored.
While the media may change in format when it comes to written journalism, the need for objective reporting, for professional ethics and the principles that earn credibility haven't changed, and it won't change. The profession is still an important part of democracy. The printed product may become extinct at one point, but the profession must remain and tailoring the profession to the new media is what must take place if journalism as we know it is to survive.

Tribal Campaign Finance Disclosure

During a principal chief candidates debate between Michell Hicks and Patrick Lambert about a year ago, Michell Hicks called for campaign finance disclosure laws. It's a great idea. In fact I called for candidates for office to voluntarily disclosure their campaign finance donations and spending in an editorial while I was still editor of the One Feather.
Only one candidate responded, and it wasn't Michell Hicks. James "Butch" Sanders, a Tribal Council candidate for Wolfetown, who didn't prevail, responded to disclose his campaign finances, which came out of his pocket.
We can research who donated to the campaigns of President Elect Barack Obama and his challenger John McCain. We can do the same for Sen. Elect Kay Hagan and her opponent Elizabeth Dole as well as for Gov. Elect Beverly Perdue and her opponent Pat McCrory, Heath Shuler, who won a second term and his challenger Carl Mumpower and every other candidate for any elected office in the state.
However, we can't research who donated to Michell Hicks or Patrick Lambert because there is no tribal law requiring such disclosure. While Hicks was asking for something perfectly right and just when he made such a suggestion, his actions don't exactly show sincerity. This is a chief who vetoed the public information law when it was passed by Tribal Council, and his veto was based upon a presumption of some people using the law for less than honorable purposes. He's argued against requiring the tribe to disclose its federal campaign donations, and he also hasn't made tribal campaign finance disclosure a priority. The purpose shouldn't matter, either its public or it isn't, and that's how it should be with campaign finance.
I have a lot of questions over the last principal chiefs' election. Were tribal funds used to finance any candidate's campaign? Did Harrah's donate to any candidates running for office? They've made other campaign donations to candidates at other levels. Would it be a stretch to suspect Harrah's could have done the same at the tribal level, particularly to keep candidates in office who wouldn't push for an end to their management contract? How will we ever know?
It's well known the motivation behind campaign donations. It's to get something in return upon the said candidates' elections to office. That certainly was tribal government's intention for the donations it made. The same can be said for any donation made to Michell Hicks or any other candidate for any elected tribal office.
Regardless of any tribal member's intention in seeking information on any tribal candidate's campaign finances, they are tribal government's constituents and have a right to know.

Upcoming Council Legislation

Got a copy of the Dec. 4 Tribal Council Agenda today. Some things have caught my eye and I have a few questions and comments.
* At 9:50 a.m. Editorial Board – submitted by Manager of Marketing & Promotions. I thought that legislation had been passed that was submitted by the director of Marketing & Promotions making the staff of the One Feather and Director of Marketing & Promotions the Editorial Board as required by the Free Press Act. When the tribe opens for business Monday, I'll inquire further. Assuming that nothing has been passed on this, my comments are, passing this legislation undermines the Free Press Act since the One Feather would be put back under the supervisory scope of the principal chief. Any hope of independence for the One Feather will be shot to hell. The other problem is it's based upon the idea that the One Feather will always be under Marketing & Promotions (a huge conflict of interest) and that whoever replaces Michell Hicks, by law, would be stuck leaving the One Feather under that division. As much as he wants it, Michell Hicks will not be chief forever. Since finding professional and ethical individuals to sit on this board that would oversee the One Feather appears to be so problematic, and since tribal government has shown no intention whatsoever of enforcing the Free Press Act, then why not just rescind the Free Press Act? It's not as though the One Feather is a real newspaper at this point anyway. How about being honest about it?
* 11:40 a.m. and 2:10 p.m. - There are two proposals from Wolfetown Rep. Susan Toineeta to have a referendum question on whether to allow the practice of brown bagging (bringing your own alcoholic beverages) in business establishments on tribal land. First of all, understand that the referendum regulations passed by Tribal Council and ratified by the chief do allow council members to introduce referendum requests through legislation, without obtaining a number of signatures. There currently is a move from individuals seeking to hold a referendum to allow the sale of alcoholic beverages in the casino, something that Toineeta has opposed. If her legislation passes, it's a slap in the face to at least nearly 1,400 voters at this point who've signed the petition, a good number of them from Toineeta's community. While Old Antioch Baptist Church Pastor Denny Crowe may praise Toineeta's proposal, that's hardly representative of the tribe as a whole, or Wolfetown for that matter. Another question is she refers to the first question on the referendum. What referendum? The chief vetoed the last referendum proposed through council legislation. And let's not change the wording on any referendum sought by those currently petitioning to make another one happen. Why this is on the agenda twice also is a complete mystery.
* Toineeta has a proposal to establish a "Charter Committee." Any ethical legal professional would tell you that the 1986 Charter is a load of horse fertilizer. It holds no water as a legal governing document in accordance with the Indian Reorganization Act, of which the Eastern Band of Cherokee agreed to comply. Tribal Council in 1993 even conceded that the Charter isn't valid. Once again, I'll have to seek clarification. If Toineeta is seeking to legitimize the Charter then is a that a confession that the very document she and the rest of the tribe's elected officials, judges and justices swore oaths to uphold is invalid? Or is she seeking to further legislation introduced by then Wolfetown Rep. Carroll Crowe that sought to establish a constitution committee and possibly get that process started? In either case, such a committee should not come from Tribal Council, nor the chief. It should come from the communities. There was a time when the tribal community clubs played a larger role in the governance of our tribe. Some incredibly wise decisions have been made at that level. In fact community clubs nominated candidates for Tribal Council. It's time to go back to that, especially for an issue this important. Furthermore, a constitution/charter committee established by Council parallels a Colonial Independence Committee established by the British Parliament with the king's approval. Some of us don't feel that a council/chief-appointed committee would respect the ideals of a democratic constitution.

Reflections on Giving Thanks

Tomorrow is Thanksgiving. It's been a tough year for me and my family since last November. The current state of the economy has forced us into being mostly online, which in the long run will be better for us. Both my wife and I had left employment in Cherokee. My leaving was by force, but the two of us are happier despite making a lot less money.
I for one am a better person since that day.
I have a lot to be thankful for. I still have my home. I still have my family, and we're in reasonably good health. The superficial things I've learned to live without.
I'm one of those people who believes things happen for a reason, and I honestly feel that the events of a year ago, which removed me as editor of the One Feather, ultimately led to the creation of a new publication have put me in the position for a different calling. I'm actually considering putting on the helmet and coming off the sidelines. Look for it next spring.
For my fellow tribal members, sure there's a lot that gives you reason feel angry, but don't ever say things couldn't be worse because they can. Consider what you have to be thankful for, then work to change things for the better.

How to Fit In With the Hicks Administration - Commit a Crime

I didn't fit in very well with the clique that is the Hicks administration. Some could argue that it just was a clash of personalities. Hicks ran on a platform of "honesty and integrity," which implies accountability. That would mean that Hicks would've been a man I should've gotten strongly behind. However if hypocrisy is the greatest luxury, then Principal Chief Michell Hicks is living in the lap of it. His hypocrisy was the basis for much of the conflict between us.
Anyone is welcome to question my integrity, but the truth is there is no real dirt on me. Feel free to do a background search. In addition to North Carolina, I've lived in Tennessee, Kentucky, Missouri and Alabama. I've been in every state east of the Mississippi River, except Rhode Island. West of the big river, I've been in Minnesota, Arkansas, Louisiana, Oklahoma, Nebraska, Texas, Colorado, New Mexico, Nevada and California. In Canada I've been in Ontario and New Brunswick, but aside from that I've never left the United States. If you find anything other than traffic offenses, that's news to me.
Can't say the same for some of the big players with Principal Chief Michell Hicks:
* Chief Hicks himself was charged with assault on a female in 1999. Think about that next time he signs a domestic violence proclamation.
* Vice Chief Larry Blythe was charged with child abuse after striking his son with the buckle end of a belt.
* Chief Hicks Uncle Robert "Squinch" Long is a convicted sex offender. The chief appointed him to serve on the Tribal Employment Rights Office Board of Commissioners.
* Brandon Stephens, who ran unsuccessfully for County Commissioner in Jackson County, was convicted of rape in 1994. While no doubt that Stephens has done good work getting grants and other money for the tribe under three different chiefs, including Hicks, when I brought his record up at the time he was running, he accused me of using it as a smear against the chief.
* Chief Hicks ally Angie Kephart was recently charged with domestic violence after hitting her husband. The charges were dismissed.
* Big time Hicks supporter and campaiger Glenda Sanders, Kephart's mother, received probation and a suspended sentence for a misdemeanor offense in 1986.
* Deputy of Finance Charles Penick was charged with assault.
It seems if I had beaten up my wife, raped a couple of women and committed some other crimes, particularly crimes of dishonesty, I probably would've fit in just fine with this administration. I never particularly cared whether the chief liked me, and I still don't. I'm not going to cry in my sandbox because Michell Hicks won't play with me. That I'm an outcast, is something I should take as a blessing. Some would say it's a badge of honor.

On Tribal Leadership Optimism With Gov. Elect Perdue

The Asheville Citizen-Times reported that the tribe is optimistic about Gov. Elect Beverly Perdue and gaming expansion talks, particularly in seeking table games. This is what Principal Chief Michell Hicks told them: "I think the difference between the current administration and Beverly is she is going to be approachable, and respectful of the tribe, and give us the opportunity to talk about the things that are important to the tribe and Western North Carolina."
Perdue is approachable. I asked her for her position on table games at an NC Press Association Convention in Asheville last summer. While mentioning work to get casino gaming in Cherokee with Gov. Jim Hunt, she wouldn't say what she'd do in this instance. Perdue remembered meeting me from my work at the Cherokee One Feather.
Perdue is a dignified and classy lady, which is what concerns me about any meeting she may have with Chief Hicks.
While Gov. Mike Easley is bullheaded and hostile, particularly to the press, there isn't much difference between him and Hicks. When Gov. Easley broke off gaming expansion talks, Chief Hicks responded with a hate-filled diatribe disguised as a press release to the area media. Leading to that blow up, Hicks had been misleading the public about how well those talks were going, and two tribal politicians, two that supported him last election, have even said that the chief was lying. When the governor questioned Chief Hicks' professionalism, the chief's response may as well have been "I know you are, but what am I?" To paraphrase, he basically said that Gov. Easley should look in the mirror. Maybe that's not a bad suggestion since the two could be mirror images of each other, particularly in ideology.
It wasn't long before that Hicks couldn't hide his admiration for Gov. Easley. In one of his pieces of PR fluff mailed out to tribal members, Hicks and his wife were pictured posing with the governor. Tribal government donated to Easley's campaign with Hicks' blessing. Hicks also had no problem with Easley campaigning behind closed doors in Cherokee.
But then came the disagreement. It's the "you're either with me or you're against me," side of Michell Hicks that I quickly got to know upon his first taking office. It's not the best side to put forth during negotiations. It sure isn't the way to win friends and influence people, and outside of voter fraud, it will cost him an election.
What Michell Hicks just doesn't get is that respect must be earned, and just because someone shows disrespect to Chief Hicks doesn't mean they disrespect the tribe. Perdue has been coming to Cherokee before getting elected governor. She's been willing to answer questions, and she has been respectful of the media. She certainly deserves our respect. I hope Chief Hicks will be professional and mature enough to show it, even in the face of disagreements because I can't imagine that even she would agree to table games with no further tribal concessions.
I hope that Chief Hicks can accomplish gaming expansion, however my gut tells me that for the tribe to ever see table games, not only will it take replacing Gov. Easley, Chief Hicks will need to be replaced as well.

With Others Cutting Costs, What is Tribal Government Doing?

Businesses aren't the only ones feeling the pinch in this economy. Local governments around us are cutting costs too. What's tribal government prepared to do?
Before the chief and vice chief sit down and discuss who they want to lose their jobs, here are some cost cutting suggestions before taking that drastic measure:
1. Stop all frivolous projects. The golf course comes to mind.
2. Actually have real, honest bidding for the necessary projects so that the much needed school construction could possibly save money.
3. Reevaluate what we spend on lobbying and campaign donations. Some of this may need to be cut out altogether.
4. Support any proposals that could actually raise revenue for the tribe.
Aside from these suggestions, should it have to come to cutting jobs, start from the top down. One glaring example is the deputy level of tribal government. Only one of those currently occupying these costly positions actually is worth the pay. Otherwise its a pointless and expensive level of bureaucracy that only serves to keep more distance between the chief and his constituents. Also how about ensuring that the tribe is getting the best for its money. Make everyone in management level and above reapply. Those who don't have the proper credentials should get their pink slips.
Better than that Tribal Council, Chief Hicks and Vice Chief Blythe, how about cutting your bloated salaries? I doubt honest polling would show that a majority of tribal members support the raises you gave yourselves, and you should never ask the employees to do what you yourselves aren't willing to do.
Tough times will call for sacrifices to be made by us all. No different should be expected of the tribe's elected officials.

Area Media Cutting Jobs

The Asheville Citizen-Times closed its Asheville printing facility sending it's printing duties to Greenville, S.C. At least 60 people are expected to be put out of work by this move. The Cherokee Times was printed by the Citizen-Times' Asheville facility. WLOS also recently laid off six workers, according to Ashvegas, who cites one of its readers.
I know all too well how tough things are. It's why the Cherokee Times has been strictly online recently, and I had to layoff workers as well, myself among them.
I can say that when times got tough, my salary was the first to go. Can Ford, GM or Chrysler's CEO say that? Can Citibank? What about Sinclair Broadcasting who owns WLOS or Gannett who owns the Citizen-Times?
I have good friends working for both the newsroom at WLOS and at the Citizen-Times. As bad as things have been for my publication, I certainly hope none of them feel the pinch or fall victim to the axe. While there does appear to be some hope for the future, it isn't likely to improve anytime soon. I certainly wish the best for them.

Is the Casino Cutting Jobs While Still Profitable?

I've never been impressed by the leadership of Harrah's Cherokee Casino & Hotel General Manager Darold Londo. He's done an inadequate job of employee engagement. He avoids the media like the flu, often times throwing the External Relations Director Joyce Dugan under the bus, unless it's been an opportunity to be on television. Twice under his leadership player and employee personal information that could've led to identity theft was released on property, and no one has any idea what's being done to get tribal members ready to run the property as the management agreement between the Eastern Band of Cherokee and Harrah's requires.
This latest particular instance is just unbelievable.
Employees in certain departments in the casino have been put out of their jobs. Yes it's understandable that the casino's profits are down. I'm not advocating that the casino needs to spend unnecessarily, but at the same time it needs to take care of its employees. If the property is still making a profit, why cut jobs?
While the majority of the casino's employees aren't tribal members, of those who are, most if asked would likely choose their salary over matching or besting previous per capita disbursements. None of us really wants to see jobs lost, especially when it isn't necessary, and especially when the ones losing their jobs likely have nowhere else to go.
What is so disturbing is the likely motivation behind it, saving face. Tribal politicians don't want to have to answer questions about why per capita is down, and Londo likely doesn't want to be on the hot seat to have to face those politicians who'd likely grill him, if they'll grill him.
Londo's two predecessors often got grilled in front of Council over really mundane issues. Will they grill him over this? Probably not, especially if his actions help what has to be the most spineless Tribal Council save face.
Per capita was not the point of the casino's inception. It was jobs and economic development. Putting people on the unemployment rolls doesn't help the region's economy. However if jobs have to be cut at the casino, why not start with some high paying jobs like a VP or a GM?
The phone operators, housekeepers and other low level hourly positions are the ones who keep that facility running and they're the ones who interact the most with the property's customers. Only as a last resort should the casino cut these jobs.

Update - Press Freedom

While I haven't heard back from my attorney since he sent me the latest order on my lawsuit for wrongful termination, I can say that I'm glad that the general theory of my lawsuit which alleged wrongful termination based upon violations of the tribe's free press act and the Indian Civil Rights Act will continue.
The court rejected my claim for wrongful termination based upon breach of implied contract, but it is going to hear my claims based upon violations of public policy. The court also dismissed my claims against Principal Chief Michell Hicks and his Deputy of Finance Charles Penick in their individual capacities, but claims against the chief in his official capacity as well as claims against Tribal Council who failed to hold the chief accountable for his violation will still be heard.
I was disappointed, but I am pleased that the court, for which I have every reason to question its impartiality, didn't just dismiss the whole case, as the defendants were requesting.
I look forward to telling it all once this whole case is done with, and since I fully expect it to run its course at the tribal level and go on to the federal level, that could be a while.

Congressional Candidate on Special Interests and the People of Snowbird

Carl Mumpower, who failed in his bid to unseat 11th Congressional District Rep. Heath Shuler, wrote in the Asheville Citizen-Times today about his experiences, refusing PAC money and praise he had for the people of the Snowbird Community.

Read about it here:
http://www.citizen-times.com/apps/pbcs.dll/article?AID=200881119012

Mumpower was much maligned by Principal Chief Michell Hicks and other tribal government officials over remarks he made about Cherokee as a "corrupt special interest." While I didn't care for his all encompassing characterization, I understood where he was going with it. I didn't agree entirely with Mumpower's platform, but I certainly appreciated his attention to corruption in tribal government. No one else running for office addressed it, especially not those who accepted campaign donations from tribal coffers.

Experiences With Freedom of the Press

For more than a decade, I've fooled myself into believing that I was editing a newspaper when I was over the One Feather. Although Principal Chiefs Joyce Dugan and Leon Jones allowed me to operate it like a newspaper, when Michell Hicks became chief, it was clear that the One Feather is a newsletter disguised as a newspaper. My resistance to this idea cost me my job.
I currently have a lawsuit against the tribe for wrongful termination. While I can't discuss any legal strategy, I can discuss what has been public.
First of all I was clearly punished for stating opinions that Chief Hicks didn't like. Now one could say that my lawsuit is about my anger with the chief, and I was angry. That's not the case now. Now I'm just disgusted at him. He clearly is suffering from BMOBS syndrome (Believe My Own BS), and Tribal Council has just become his enablers.
My lawsuit is about holding the chief accountable, especially since Tribal Council failed to do it. He violated the tribe's Free Press law, twice, a year ago.
I hope that tribal court will hold him accountable. I have my doubts, especially when a judge, whose paycheck is signed by guess who, suggests that justice in my case is served by the fact that I've been able to criticize tribal leadership in my own publication. As much as I doubt the trial level courts, I have less faith in the tribal Supreme Court. Justices who are appointed by Chief Hicks, one of whom has a husband with a lucrative lobbying contract that can held over her head, don't reassure me.
While I lack faith in the courts, just as I did with a Council who sat on their hands, one even praising the chief's illegal actions, I still have faith in the private press, and I challenge all non-tribal media to take a hard and honest look at the tribe's leadership and report the truth. Scratch below the facade provided by the tribe's half-baked PR department and report an honest view of the tribe. It's not all the chief handing out free backpacks and Christmas boxes to the elderly. So to other bloggers, Citizen-Times, WLOS, Smoky Mountain News and other non-tribal publications, turn on the lights in Cherokee and see for yourself what vermin scatters. Exposing problems is the first step toward finding a solution.

Tsali Care on the Watch List

If there's any demographic the tribe needs to particularly protect, its the tribe's most vulnerable - the children and the elderly. After employing a sex offender, a council member's brother nonetheless, in the Dora Reed Child Care Center and other areas where the tribal leadership has shown a lack of interest in youth programs, it's clear that the tribal leadership has failed in that area.
Given the continued downturn in health care quality, it appears that the elderly in our tribe are also not a priority.
But this is unbelievable. Tsali Care Center, which has been tribally operated in recent years falling under the tribe's Health and Medical division, has made a national nursing home watch list. Memberofthefamily.net, for which Dr. Edward C. Watters, III, coauthor of "Danger Zone," a book featured on the "Today" show which details secrets of the nursing home industry, is an advocate, rates Tsali Care Center as having potential for more than minimal harm and actual harm and immediate jeopardy. Some of the noted violations are for ensuring that residents are properly nourished, providing care in a way that renders dignity and respect, having drugs and similar products needed in everyday emergencies, ensuring the center is free of potential accidents and developing care plans that meet all of the residents' needs with a measurable time table.
Tsali Care Center has had its problems since its inception, but this takes the cake. Something had to be up with tribal upper management, including Deputy of Health and Medical Susan Leadingfox and Principal Chief Michell Hicks, when it decided what's acceptable for the residents of Tsali Care Center to read (for example banning the Cherokee Times from the center). This latest incident demonstrates a complete lack of respect for the residents of Tsali Care Center. Many of these residents fought for the tribe and country going back as far as World War II. They deserve better than this, but I wouldn't hold my breath waiting for the chief, Leadingfox, or anyone on Tribal Council to do anything meaningful about it.

Alcohol Sales Referendum Petition

It appears as though the group gathering petition signatures is having some success. They reportedly are close to reaching the goal, and we can expect this issue to be presented before Tribal Council again, only this time with the backing of at least 1,500 registered tribal voters.
No doubt the religious right in Cherokee, with whom Principal Chief Michell Hicks has formed an unholy alliance, will be there to bluster about "our children going to hell for our sins (how about actually reading the Bible you thump so profusely Mr. Crowe)." It will be interesting to see how the rest of Tribal Council will vote upon being presented with a request backed by 1,500 voters. Will Wolfetown Rep. Susan Toineeta and Chairman Mike Parker respect the will of their constituents, or will they cower to self-righteous blowhards, some of whom may have even encouraged voters not to cast ballots for Toineeta since they believe that women shouldn't hold elected office? Will Cherokee County/Snowbird Rep. Angie Kephart ignore these petition signatures and use the opportunity to put herself on a phony pedestal of moral superiority, when her private life hardly mirrors the image of a pillar of moral strength and character.
Most importantly, will Michell Hicks actually listen to the voices of those who signed the petition, or will his personal opinion and political agenda take precedence with him using the petition as a hit list to punish his critics.
The group collecting these signatures is to be congratulated for their hard work. Should the elected officials of the tribe choose to ignore the voices of those who signed the petition, this same group should direct their efforts to getting those tribal officials voted out of office.

Another Medium The Tribe Can't Control

YouTube is another forum for which news, commentary, opinion and yes, satire can be used by tribal members about their government.



This video was created in March. I have no idea who created it, other than an online forum user name. I can't say that this is constructive criticism. If you're easily offended, I recommend not watching it. But it's a clear demonstration of what's possible, especially online, when tribal government lacks control. People can complain about tribal government control of the "One Feather," but that's the only medium they can control. There's a whole big world of media out there tribal members. Take advantage of it.

To Rep. Heath Shuler and State Sen. Snow

First of all, I congratulate Heath Shuler and State Sen. John Snow on their reelections to another term. However, I was troubled by some of their actions recently. Shuler chose to ignore calls of some tribal members to get federal intervention in the tribe's government, seeking relief from an abusive tribal government. State Sen. John Snow pressured a Cherokee County magistrate, who was also a tribal member, over domestic violence charges filed against Tribal Council Member Angie Kephart, who's one of the most abusive of tribal elected officials.
Both gentlemen need to be reminded just who the Eastern Band of Cherokee Indians is, and it's not Michell Hicks and Kephart, not entirely. It's 13,000 members of the tribe, most of whom want their tribal government to be accountable, honest and open, something that Principal Chief Hicks and Kephart have not been.
Tribal government is a cesspool in the middle of a rose garden. Tribal members know that something doesn't smell right, but politicians like Snow and Shuler, who've cozied up to those who keep the cesspool stirring, refuse to acknowledge that something obviously stinks, and that's a far greater embarrassment than it would be to hold ethically-challenged tribal officials accountable for their actions, like a federal court did to Principal Chief Jonathan Taylor who now stands as a felon convicted of tax evasion (after that what could possibly be a greater embarrassment?).
To put this in perspective, tribal members are like the democracy advocates in Pakistan. Imagine how they felt to see President Bush cozying up to their despotic government.
So to Sen. Snow and Rep. Shuler, remember who your constituents really are when representing the Eastern Band of Cherokee Indians in Raleigh and in Washington. It's not the 14 (some of them questionably) elected officials in the Council House. It's the 13,000 individual tribal members, some of whom were disgusted enough by your coddling to cast ballots for your opponents.

Is the Tribe Buying Cherokee Hardware?

The economy is in the worst shape that I've ever seen it. Jobless rates are rising. The Dow Jones has been a rollercoaster. We're probably on the verge of another depression.
The tribe doesn't operate in a vacuum. The casino's reported drop in profits is proof of that. Sooner, more likely than later, the tribe is going to have to seriously trim its budget and curtail its spending. That's why any tribal proposal to purchase any business is outrageous, especially when the price could likely be inflated and especially when a powerful elected official has ties to that business.
While I haven't seen any concrete proposals to buy Cherokee Hardware, owned by the principal chief's in-laws, it's disheartening enough that the tribe bought the land under which the business was located, whereby lease payments could've been influenced by the chief. Now it stands that the chief could influence the sale of the business to the tribe. This all comes five years after he issued an executive order requiring tribal programs to use materials from this business.
Too many questions exist before Tribal Council passes this proposal.
It's hard to believe that with all of the contracts through the Tribal Business Preference Ordinance (AKA TERO), that this business would be in financial trouble, especially with all of the potential for materials sold for construction projects. The other is if it is in finanancial trouble, why should the tribe bail it out? $3million is a lot to ask for.
What makes this particularly sickening is if the tribe is bailing out a financially troubled business, why should this one get preference? It's not as though there aren't other businesses in Cherokee struggling. This smacks of impropriety, and Tribal Council should rightfully reject it should it ever hit the floor. It also brings forth, once again, the need for the tribe to have ethics laws in place for public officials.
We'll keep you posted.

Cherokee County Deserves Better Health Care Access

This comes out of what has been absolutely unbelievable when it comes to tribal government. Indian Health Service has been underfunded for decades. In order to meet IHS facility shortcomings, the tribe operates a number of its own health care programs. Over the last few years, the upper management has been reducing health care services while the need has increased, and it's not as though the tribe can't fund these programs. Tribal leadership misplaces its priorities. Frivolous items like the theater that averages about 3-4 cars a night seem to get unlimited funding while health care and education fall lower on the totem pole.
Tribal members residing in Cherokee County are just as much tribal members as Principal Chief Michell Hicks and Deputy of Health and Medical Susan Leadingfox. Perhaps one of these two can explain while tribal members in Cherokee County deserve to be treated like second class citizens.
Read about it:
http://www.cherokeetimesonline.com/Editorial.html

Obama's Election Offers Hope For Change for the Eastern Band Too

The election of Barack Obama, the country's first black president, overcomes nearly insurmountable odds. It also offers hope that we as a people can overcome any obstacle. The Eastern Band of Cherokee Indians has been in a quagmire for more than 20 years. What Obama showed us is that we as a people can accomplish anything. We can take our government back.
This week's opinion piece is on just such a subject. If we band together, we can take our government back regardless of what the old order thows in our way. Remember that in 2009 and 2011. The piece can be read here.
http://www.cherokeetimesonline.com/Opinion.html

New Election Board

There's been some buzzing about Tribal Council getting ready to appoint a new election board. I'm not expecting a new board to be appointed, with the exception of a possible replacement for Marie Smith, who is the only board member worth keeping.
The goal of the election board is the ensure not only that elections run smoothly, but that they're run fairly. The current election board did neither the past election in 2007.
This election board failed to report a break in to its offices after the 07 primary where Michell Hicks and Patrick Lambert were the top vote getters. Of those two, Lambert was the only one to question the election board's action. During a meeting with candidates, which Hicks decided to skip, to discuss the issues, the election board responded to understandable hostility from candidates with contempt. Board member Wanda Jackson, who was particularly rude, waived around the tribal election ordinance as though it were some kind of scripture.
Board members also dismissed the notion that it's possible to determine how voters cast a ballot despite requiring them to sign a list at the table, by a number, for which a corresponding number appears in the machine after depositing a ballot. They ignored reports about the faulty machines used to scan ballots, as well as reports that those machines are vulnerable to tampering and rigging and refused to concede the possibility that ballots may have been tampered with as well to matched the scanned tally.
The board also ignored reports that the company used to conduct the elections has been linked to botched elections in the Cherokee Nation, the Navajos and a number of other tribes as well.
They also were dismissive of poll workers letting voters cast ballots without a photo ID.
Then of course there was the inexcusable action in the Wolfetown general election where 60 voters names were misplaced from the records. Many of those voters decided not to cast ballots after being told to vote elsewhere. The margin of victory for those who prevailed in Wolfetown and the principal chief was less than the number of voters in Wolfetown who weren't allowed to cast ballots.
The board with an opportunity to fix the issues that arose during the last election chose not to address the problems in a new election ordinance. No provisional ballots for those affected by possible errors. No serious provisions to protect the anonymity of ballots cast and of course no provisions for recall elections. However the board did introduce more stringent requirements to hold referendums, which Tribal Council passed, and the chief gleefully signed. The current election board at best is incompetent. At worst it's biased and unethical. Since election board appointments will be made by the very officials who benefitted from a broken system, it's doubtful there will be any major change in the board, but there's no question that their constituents deserve better. Hopefully the majority of Council will see it that way.

Tribal Council and Marketing & Promotions Undermine Free Press Act

Far be it for me to chastise Marketing & Promotions, my former employer within the Eastern Band of Cherokee Indians, but this is one instance in which the division and its leadership truly deserves it.
Tribal Council passed legislation introduced by Mary Jane Ferguson, Director of Marketing & Promotions, which oversees the tribally owned "newspaper" The Cherokee One Feather. She introduced an amendment to the the tribe's Free Press Act, and now any hope of independence for the tribe's "newspaper" is now flushed down the drain.
Her amendment removes the requirement to appoint and enact an editorial board to oversee the operations and editor of the One Feather, among those being that one of the board members must have journalism credentials. Her amendment makes the staff of the One Feather and the director of Marketing & Promotions the editorial board. In other words no professional supervision will exist over the staff of the One Feather.
Aside from the fact that Ferguson has no journalism credentials whatsoever, she removed any potential for independence, placing the One Feather under the direct influence of the principal chief, something she never viewed as a problem. Ferguson is one step away from being directly supervised by the chief. Her boss is Charles Penick, the deputy of Budget and Finance. Don't hold your breath waiting for the One Feather to publish a story about his arrest for assault.
The problem with the One Feather is the problem that has always existed for the One Feather. No one higher than the editor has ever had a background in journalism. No one other than an editor ever advocated for its independence or journalistic integrity in the past five years. The one person who expressed concern about the conflict of interest raised by having the One Feather under the supervisory scope of a program whose goal is clearly public relations was me, and I eventually lost my job.
Working under Ferguson was absolute hell. Even before she was hired for her position, she had told me that she didn't like the negativity in the paper, something that happens when an editor practices journalism. After getting the position, she had a meeting with me to tell me that we had a progressive leader in Michell Hicks, and I needed to do my part on the team to accentuate the positive. She then chose to chastise me over a front page story that was an interview with Tosh Welch, the Cherokee Police officer behind the Miss North Carolina Rebekah Revels scandal. Associated Press picked the story up, and my colleagues were praising me. At home, I got raked over the coals because of it. I got lectures about loyalty after publishing a cartoon lampooning Chief Hicks as a hypocrite with misplaced priorities. I was ordered to "explain" an editorial decision as to why the first chief's report wasn't placed on the front page while I placed a photo of him donating a check from Harrah's to Western Carolina Unveristy at a time when students couldn't get their tuition paid because a terrible ordinance introduced by Chief Hicks redirected tribal levy funds from education to Travel and Promotions. Ferguson wanted front page stories about new grass being planted at the Fair Grounds and wanted murder and child molester stories buried insignificantly in middle. She once told me that she considered the town of Cherokee, which we all know has its problems like any community, Utopia.
Niether Ferguson nor Chief Hicks have what's in the best interest of the official tribal "newspaper" at heart, and while Tribal Council and the chief both demonstrated that the Free Press Act is meaningless, Ferguson's achievement has now driven the stake into the heart of the law.
Tribal Council should do one of two things. It can rescind the Free Press Act, which it showed no intention of enforcing in October 2007, or it can amend the legislation that defines the One Feather as the official "newspaper" of the Eastern Band of Cherokee Indians to read official "newsletter" of the Eastern Band of Cherokee Indians. Without any kind of independence, that's exactly what it is. The worst thing tribal government can do is to present a publication clearly being used to advance a political agenda as a newspaper. Tribal Council, Chief Hicks, for once, be honest with your constituents about what they're getting.