Non Indian Attorneys Feel No Fallout for Bad Advice

First let me start out by saying I still won't comment in any detail about my wrongful termination suit against the tribe. I will however, direct some of my anger at the non Indian attorneys representing the tribe (Michell Hicks really).
My attorney, Robert Saunooke, is a tribal member. If he gives bad advice or violates a tribal law, he can be tried in tribal court. He's dealing with the same crap that I am, repercussions from elected officials who just don't like him, and these repercussions often involve violations of civil rights.
The lead attorneys representing the tribe, Annette Tarnawski and Carleton Metcalf of the Van Winkle law firm in Asheville live in an area where the governments are required by law to honor their civil rights. Neither of them fall under the tribe's criminal jurisdiction. In essence, neither of them can truly feel any consequences for poor advice to the tribe or violating tribal laws.
I don't want to lambaste non Indian attorneys who've done good work for the tribe and genuinely care about the well being of the tribe, and there are some, but this seems to be the same song and dance for tribal members. When they seek justice, the tribe brings outsiders in to shoot them down. Those outsiders have no stake in the situation. If they set off a bomb, they're at a safe enough distance to avoid the fallout. It's the tribal members who suffer the consequences while corrupt leaders hide in bunkers.
To my fellow tribal members, if the tribe succeeds in this case, then that means every law, not just the free press act, is worthless. Laws passed to protect you, guidelines and restrictions, laws to honor your civil rights, will mean absolutely nothing. But the non Indian attorneys can live with the comfort that should they be denied what's public information, or someone fires them for stating a political opinion some politician doesn't like, they'll have recourse to seek justice. That remains a fleeting dream for tribal members.

I Actually Have Some Praise for Tribal Government

It may not be often, since the vast majority of the current principal and vice chief administrations and Tribal Council's policies and agenda are so wrong for the tribe and worthy of criticism, but I actually have some praise. Kudos go out to these programs: TOP, IT and the One Feather. We're actually getting some information out because of these guys. However, they aren't as free to do it as they should be.
And to the One Feather, I feel that someone should apologize to the two of you for being put in the situation of doing the jobs of four (actually more) people. Since the one person who caused this situation won't admit to any wrongdoing, allow me to express my sympathy for the two most overworked, and probably under appreciated tribal employees.

Cherokee County Gaming III, Protest Denied

A Tribal Council protest filed over the approval of pursuing Class II gaming in Cherokee County was denied, as I expected. Once again, I must state that I support this project. It's badly needed, especially as Cherokee County now leads the state of North Carolina in unemployment.
That said, however, I agree with the sentiments expressed by protest submitters Terri Henry and Teresa McCoy, that the way it was done is disrespectful, in closed session as an emergency resolution, therefore totally circumventing public commentary and input.
I felt that upholding their protest would have been throwing the baby out with the bath water, but I do think tribal government needs an avenue for officials to state public displeasure with ill behavior of elected officials. Censure is perfectly appropriate. I would hope that either of these two council representatives would introduce such a proposal.

Former Cherokee Nation Chief Wilma Mankiller Dies

Former Cherokee Nation Chief Wilma Mankiller died Tuesday after a long battle with cancer. There's not much more I can add to the previous post of mine where I discussed her grim diagnosis.
She was an inspirational leader to me, particularly in regards to her efforts for freedom on tribal lands, particularly for press freedom. I've often and still often wish our tribe would emulate her leadership.
My prayers go out to the Soaps and the Mankillers.

Cherokee County Gaming II, The Protest

The Cherokee One Feather reported that a protest was filed by both Painttown Rep. Terri Henry and Big Cove Rep. Teresa McCoy in regards to Tribal Council passing legislation to pursue gaming in Cherokee County. The legislation focuses on how the legislation was passed, as an emergency resolution in closed session.
I'm all in favor of gaming in Cherokee County, but there was no need to do it as either an emergency resolution or in closed session. It hardly constituted an emergency. And here's what tribal law says on holding closed sessions: "The Tribal Council is authorized to hold executive sessions closed to the public only for the purpose of discussing issues in which privacy or confidentiality concerns may arise, upon request of one of the involved parties, personnel actions involving Tribal employees, or issues requiring confidentiality to discuss negotiations incident to proposed contractual arrangements, and proposed sale or purchase of property; the receipt of legal advice where the legal advice relates to a pending, threatened, or potential claim, or other matters covered by the attorney-client privilege, settlement of legal claims, or the position of the Tribe or Tribal agency in other adversary situations involving the assertion against the Tribe or Tribal agency of a claim; discussion regarding the development of security, personnel, or devices; sovereignty issues; investigative proceedings regarding allegations of criminal misconduct; discussion of matters relating to the proposed location, expansion, or the provision of services encouraging location or expansion of industries or other businesses in the area served by the Tribe. No final action may be approved or taken by the Council while in executive session. Council may hold an executive session closed to the public only upon a motion duly made and adopted during an open session. Every motion to close a meeting shall cite one or more of the permissible purposes."
No doubt the excuse used would be that this was a legal matter, attorney client privilege (all tribal members are clients of the attorney general's office, whether or not the attorney general will acknowledge that), blah blah blah.
Two things bother me about the way this took place. One is public comment was completely circumvented. Welcome to the Hicks Administration.
The other is doing it this way gives the public the impression that something dirty was going on. There is nothing wrong with this proposal, so it's truly tragic that the public has to get the impression that something is wrong with it.
I don't want the legislation overturned, but it would be nice to see some kind of censure expressing official disapproval over holding what should've been done in public in closed session and completely denying the public any say in it. Some of us Cherokee County residents would've loved to express our opinions on the subject.
Click here to read the protest.

New Apartment Complex Underway, More Tribal Spending

The Cherokee One Feather reports that construction for a new apartment complex is now underway, this in light of hiring freezes and stoppages of travel.
A couple of things come to mind. One is how many tribal families currently waiting for housing will be placed in these units? Bureaucracy, particularly on the part of the Bureau of Indian Affairs, is a huge impediment to dealing with the housing problem in Cherokee, but supposed solutions offered before in the form of condos and townhouse developments have so far resulted in unused units, by at least half. The more tribally-funded housing project units that remain unfilled, the more tribal money will have been wasted.
The other is a comment offered by Principal Chief Michell Hicks, an apparent response to criticism of his administration's spending habits. “As you look at the things happening in Cherokee, it’s not about spending money. It’s about investing in the people of this Tribe.” N.C. Sens. Nesbitt and Snow offered words of praise, pointing to the fact the projects elsewhere in the state have stopped.
Of course neither of these state officials really has a horse in this race, but one has to ask, why have state projects stopped? It's a lack of money. Does the tribe have money in stark contrast to the state? No. That's why there's a hiring freeze, the travel stoppage, and it's why tribal program budgets have had to cut by significant portions.
Investing in the people is all well and good when the money's there. Where is this money coming from? The casino hasn't been the cash cow the tribe has expected it to be, and the reality is the tribe is in the same boat as the rest of the country.
At some point, all the reckless spending being done by tribal government is going to come back and bite them, but it'll be the tribal members who end up paying for it though cuts in services and employee layoffs. Tribal government can take the bull by the horns, or we can lose every piece of china in the shop.

Gaming Opportunities in Cherokee County

Tribal officials have been pursuing an additional gaming facility in Cherokee County for a number of years. On March 2, Tribal Council passed legislation authorizing the Tribal Casino Gaming Enterprise to continue negotiations and seeking and negotiating bank loans to establish the facility.
I look forward to such a facility, provided it isn't near schools, being on tribal land in Cherokee County. The county has been in need of an economic boost for a number of years, but recently the situation has deteriorated with the downturn in real estate, and factory closings that happened years before haven't helped. The county has had the highest unemployment rate in the region. So this project is certainly welcome.