Chief Hicks' Top 10 Initiatives

On easternband.com, Bill Killian had readers vote on how well Michell Hicks was doing with his top 10 initiatives. While I'm sure plenty voted on each one. I will comment on each and give a grade from A-F, with F of course being failing and A being excellent.
* To further enhance a judicial system that will provide equitable, fair, and competent (sic.) I assume there's to be added "treatment." I have a wrongful termination lawsuit against Hicks and tribal government pending, so I have a "wait and see" attitude to make a full judgment. That the court hasn't thrown my entire suit out is a good sign. But the court, particularly the Supreme Court, has made two bone-headed decisions, in the 2003 and 2007 elections. In 2003 it ruled it was o.k. for Michell Hicks to violate election laws. In 2007 it ruled that it was o.k. for an election board made up of Michell Hicks puppets to disenfranchise registered voters, resident ones at that. The court still lacks independence needed to truly provide the level of justice needed and to truly separate the powers of tribal government. Chief Hicks hasn't been in a hurry to rectify this problem and would likely even deny that it is a problem. At this point, I give Hicks a D+.
* To preserve and protect our natural resources. The tribe needs to have a natural resources program. There are some good programs, Fish & Game for example, but can Chief Hicks really take credit for that program's success? There are a couple of areas to note where the chief has failed miserably. One is with the water quality of Soco Creek. The other is, ahem, the Painttown Water Tower, never functional because its placement was based more upon what would benefit the chief's family rather than functionality and practicality. The water tower never came into use, something that could've really helped the tribe when gasoline leached into the main water source intake and during all the times of drought. Based on the water issue alone, Chief Hicks gets an F.
* To provide strategically planned infrastructure for economic and community development. Housing still remains a problem due to the bureaucracy in the process. He hasn't rectified that. Nice townhomes were built next to a major federal highway designed to make Indians used to living on their own homesteads live in clusters, which most don't want to do. That's not to mention they're charging well below the cost of construction for these homes. In the development of townhomes in Soco, which were completed a couple of years ago, they haven't even filled half of the project. Traffic flow still stinks. No road widening has occurred, not even by the proposed Wal-Mart location, so far the only tangible idea for economic development the Hicks administration has conceived. The wonderful two-screen theater complex which cost the tribe who-knows-how-much, typically has less than 10 vehicles parked there at night, even on weekends. The chief faced legal action over a proposed location for the new Women's Wellness building which turned a neighboring campground into a mud hole when it rained. While the chief can't be blamed for the downfall in tribal levy, occupancy and casino revenue, his administration certainly deserves jeers for painting a rosy picture for the public, which anyone doing a little bit of research could've found out the truth. For this initiative, Chief Hicks gets an F.
* To enhance the quality of life for enrolled members who are senior citizens. For starters, the seniors in Cherokee County certainly have been forced to take a back seat. The senior center promised to them took more than four years while the chief and current Cherokee County and Snowbird council members sat on their hands. A major issue for senior citizens, health care, continues to be plagued with problems, and tribal side of managing health care has been disastrous, particularly with closing programs that actually worked well. Tsali Care Center, the tribally-operated nursing home, received poor ratings from Medicare and made one senior citizens advocacy organization's watch list. The chief even had the gall to call for the removal of Cherokee Times from Tsali Care Center, which had been donated to the residents free of charge. His argument to Painttown Rep. Tommye Saunooke was that it wasn't a tribal publication. Chief Hicks again gets an F.
* To provide comprehensive health care for all enrolled members. He's not quite there is he? Not even close. Granted this has long been a tough issue with the tribe's dependence upon an underfunded Indian Health Service program, and with decreases in levy and casino funding that can be expected the tribe can't be expected to accomplish this goal. However, under Chief Hicks, the tribe lost its own pharmacy that would fill prescriptions that Cherokee Indian Hospital wouldn't. It also lost the Urgent Care Center that was turned over to the casino. There also is of course the aforementioned Tsali Care Center matter that neither Hicks nor his Deputy of Health and Medical Susan Leadingfox seem to want to address, at least not publicly. One plus, the Cherokee County Indian Clinic does have a doctor there two times a week, and has a great dental clinic. Here, the chief gets a D+.
* To continue state gaming compact negotiations without compromising tribal sovereignty. This is what led to the infamous Chief Hicks Temper Tantrum. The chief tried to expand the tribe's gaming compact to include table games and a second casino (likely in Cherokee County). Former Gov. Mike Easley asked for concessions from the tribe that intruded upon its sovereignty. While Chief Hicks was right to refuse, his reaction was embarrassing. He had the tribe's PR coordinator Lynne Harlan (I'm using the term PR loosely here), draft up a hate letter targeting Easley disguised as a press release and sent it to all of the area media. Easley criticized Hick's professionalism, to which he responded paraphrasingly "I know you are but what am I." Sure Chief Hicks didn't compromise the tribe's sovereignty. But he did compromise its integrity and its dignity.
When I posed the question about gaming compact expansion to then candidate Beverly Perdue, she wouldn't answer what she would do. Now Gov. Perdue is supportive of the tribe. She's even made trips to Cherokee personally. But it's hard to believe that she wouldn't ask for some kind of concessions from the tribe, especially given how cash-strapped the state is. Will the chief act more maturely then? We can hope, but so far tribal government under his direction has been hopeless. Chief Hicks gets an F in this initiative.
* To provide access to adequate, safe and affordable housing for enrolled members. Some of this has been addressed in the economic and community development initiative. All that can be added is that Qualla Housing was selling formaldehyde-riddled FEMA trailers, and Hicks said nothing. His housing division demolished a Snowbird woman's home, leaving her homeless, in hotel rooms, forced to rent some locations and even a formaldehyde-riddled FEMA trailer. It took major exposure in the media and embarrassment before any action was taken to fix her home. Chief Hicks gets an F here too.
* To revitalize cultural identification through language and traditions. There's not much that can be said here other than he separated the tribe's language preservation programs from the tribal historic preservation office, and the two really are intertwined. The only attempts at tradition from him have been what have been laugingly referred to as his "Sequoyah clothes" and a half-assed attempt to appear to speak Cherokee. Chief Hicks gets a D here.
* To enhance and expand educational opportunities for enrolled members. There are some new programs that students can use to pay for education. A couple of universities, most notably the University of Tennessee, have agreed with the tribe to drop non-state-resident tuition for tribal members. The Hicks administration deserves some credit for that. However, he introduced and had passed legislation that removed tribal levy funding for higher education and placed it into Marketing & Promotions. He likes to hire unqualified individuals for certain positions as well, even when qualified, educated tribal members apply. Here Hicks gets a C-.
* To eliminate illicit drug use and sales from the reservation. It's not fair to judge the chief on this one. Drugs were a problem long before Michell Hicks was chief, and they'll continue to be a problem long after his term ends. He certainly isn't anywhere near accomplishing this goal, but I can only give the chief an incomplete on this initiative.
If this were college, the chief would be given an overall grade point average (GPA), and based upon his marks here, that gives him a 0.56 GPA. That's a failing cumulative grade folks. A student at any university usually is kicked out for doing so poorly. In 2011 we need to remember this "student's" performance. The last thing he or we need is to keep him pulling down the curve. We can and should do better.

Legal Professionals Who Are Subject to Tribal Jurisdiction

The following who practice law in any form (attorneys, judges, justices, lobbyists or giving any legal advice on anything) on tribal land are subject to tribal criminal jurisdiction (if I missed any, please let me know):
* Hannah Smith
* Anita Johnson
* Robert O. Saunooke
* Patrick Lambert
* Kirk Saunooke
* Brenda Toineeta-Pipestem
* Wilson Pipestem
* William Boyum
Should Judge Bradley B. Letts return to practice law on tribal land, he also would be subject to tribal criminal jurisdiction. Any legal advice given by someone who isn't subject to the tribe's criminal jurisdiction should be taken cautiously, and a second opinion would be highly recommended.

Another Attorney General Who Cant't Be Held Criminally Liable in Tribal Court

According to easternband.com, Annette Tarnawski has been appointed the new attorney general, something most of us probably thought happened at least a year ago, especially those disgruntled Snowbird residents who had to sit through Ms. Tarnawski telling them ending their gerrymandered representation violates tribal law.
Of course I have my personal irritation with Ms. Tarnaski as her defense of the tribe in my lawsuit involves propagating the falsehood that I resigned from the One Feather as well as the fact that the Attorney General's office has yet to respond to my request for information made nearly seven months ago, despite the fact that tribal law states they had to respond months ago. I also didn't care for her ill informed assertion in front of Tribal Council that there were no tribal members who met the qualifications for editor of the One Feather. Aside from me, there are at least three. Just because none of them are willing to sell out journalistic values doesn't mean they aren't qualified.
However, the basis for my irritation goes much deeper than the fact that the Attorney General's office has now become Principal Chief Michell Hicks' and Tribal Council's personal legal counsel, a clear conflict of interest. The basis for my irritation is that Annette Tarnawski, who's a non Indian, can't be held criminally liable for her actions on tribal land. It doesn't impact her.
While that's not to say that there aren't or haven't been non Indian attorneys who've represented the tribe well and responsibly, too often I've seen the position advocated (by Indian attorneys as well) the the tribe has a "sovereign right" to govern any way it pleases, even if it disregards the inherent civil rights of individual tribal members. For non Indian attorneys there's no incentive to give responsible legal advice. Other than termination, they can't face any serious consquence.
So if Michell Hicks wants to build gulags for his political opponents, o.k. If he wants to execute his opponents for what he deems as treason, o.k. Well maybe that's extreme, but I wouldn't be too surprised to see proposed disenrollments with fabricated evidence along with a denial of due process for those who oppose the chief, all with the Attorney General office's blessings. This is the same office that drafted and got passed legislation that violates tribal employees' First Amendment rights. This is the same office that argued in front of Tribal Council that the principal chief is allowed to violate tribal law if it's in the form of an executive order.
Here's what the tribe should do. First of all, regardless of whether attorneys working for the tribal are Indian or not, it needs to be made clear that a respect for the civil rights of individual tribal members takes precedence. Attorneys who attempt to "get around" rights or act unethically should be fired immediately. The role of the Attorney General's office needs to be redefined. It should get out of the business of providing legal advice and focus on prosecutions. The executive branch and Tribal Council each should have its own legal counsel. These are supposed to be separate branches of government and having the same legal entity providing legal advice to both defeats that purpose.
The tribe's legal leadership has long been a part of the problem. It's why the "Red man" hasn't been able to "get ahead man." We certainly need to do better.

Recession, Depression - What Me Worry?

The tribe is on the cusp of an economic disaster as cash flow, spending and consumerism, the things that drive the tribe's economy, like the rest of the country, are just about coming to a grinding halt. The tribe itself has already admitted to budget problems through it's own state-owned publication that it tries to pass off as a newspaper. Programs have been asked to cut budgets. Employees are told to make do on their existing salaries while the cost of living continues to increase. They watch as their counterparts at the casino are being laid off. They watch surrounding governments cut services and jobs as well. Unquestionably they're worried, and for good reason.
So what is our leadership doing during these times of crisis? Principal Chief Michell Hicks increases his pension, and Tribal Council, with a couple of exceptions, went along with it. Teresa McCoy, a former Representative of Big Cove and two-time vice chief candidate submitted a protest, which was predictably denied. This pension, given the chief's and his wife's youth, will be ridiculously expensive. Plus thanks to a lawsuit decision in Ed Taylor's favor, should Michell Hicks be impeached, the tribe can't take his pension. He's set for life unless the court should rule that what he did violates the law, and that's not too promising.
While Wolfetown Rep. Susan Toineeta deserves credit for not going along with this through an abstention on this vote, she should be reminded that it's o.k. to vote to against a proposal if you have unanswered questions.
While it may be debatable whether Michell Hicks violated any law, as the attorney general's office would likely do since they'd rather represent Chief Hicks than the Eastern Band of Cherokee Indians, it's undebatable that the action was completely unethical. It was also completely and unquestionably selfish on the part of Michell Hicks, and I'm embarassed to have him represent this tribe.
Once again, and I'll be a broken record on this, we need ethics legislation, enforceable ethics legislation, because this is certainly an action for which an election official should be removed from office.

Park Reports Lower Visitation

Fewer visitors came to the Great Smoky Mountains National Park in 2008. This report comes after glowing reports from the Cherokee Historical Association that the tribe was defying the odds of everyone around Cherokee, and even in Cherokee. The casino's profits were down, and it showed in the per capita disbursements to tribal members. Now the National Park Service reported a decline in visitation, something that comes as no surprise.
I've stated before that I find it hard to believe that anything in Cherokee would be defying the economic odds. The two top tourist attractions, the national park and the casino, experienced declines in visitation. Cherokee businesses were closing their doors even during good times, and there isn't a single privately-owned business in Cherokee that wasn't negatively impacted by the economy (the One Feather's front page story of the tribal budget crunch is an indicator of this). But we're supposed to believe that Cherokee Historical Association attractions are bucking the trend.
The problem is nobody asks questions anymore, not even among the media, and they're the very ones who should be asking. We all know that the leadership of this tribe doesn't like questions, but that shouldn't stop us, especially when were handed a dung sandwich and told it's ice cream. Until we have leadership willing to be honest about what we're facing, we can't effectively deal with it. It's another symptom of a failing government.

Chief Hicks and the Court

The more I hear about the court system, the less faith I have in it. While I've seen actions from the trial court level that I've disagreed with, I still felt as though that level was fair. I don't have as much faith in the Supreme Court. It will be interesting to see what outcomes result from Terri Henry's case as it certainly demonstrates a double standard of the Hicks administration. How her case is handled will give me a fairly good indication of how my case against the tribe will be handled. I've certainly been done wrong, from the get go, and the Hicks administration at this point doesn't appear capable of being honest and accepting responsibility.
Regardless of how my case turns out, I still have no regrets about suing. The fact is Chief Hicks violated tribal law. He violated a tribal member and American citizen's civil rights, and he needs to be held accountable. When Tribal Council won't do it, the court is all that's left.
Whether or not Chief Justice Bill Boyum is a good friend of Chief Hicks, here's the facts that lead me to question whether anyone with a case against Michell Hicks can get a fair trial at the Supreme Court level:
* The justices are all appointed by the chief. While that's how it goes in many democracies, it still brings objectivity into question, just as it did the U.S. Supreme Court with Bush v. Gore.
* The justices are tribal employees, who ultimately answer to the chief. Their paychecks are signed by the chief. The chief has hiring and firing power over the court system.
* One of the justices Brenda Toineeta-Pipestem, is married to Washington lobbyist Wilson Pipestem. Guess who has direct control over his contract with the tribe.
While I hear things about the behavior of Chief Justice Boyum, none of which I can verify at this point, which would cause me to question his objectivity, these three facts alone bring the objectivity of the entire court system into question, and it's not necessarily a problem with Michell Hicks. It's the way the system is set up, and the flaws in the tribe's governing document. Those need to be addressed in order to build a justice system the tribal members can trust and respect.