The Observer 2rkg 2hUje "The Only Independent Cherokee Newspaper" Vol. 15 No. 11 & 12 - November/December 2007 Copyright © 1992-2007 Worldwide Rights Reserved $.50 per Copy Serving the Cherokee People Since 1992 Muskogee Councilor Opens the Door Cherokee Council Revises Nepotism CONSTITUTIONAL Laws - Did the Family Just Take Over by Reversing Law Politicians Will Now Editorial Opinion of Oklahoma? Vote on Their Own Pay Increase CRISIS Cherokee Nepotism Laws took a Nepotism rules are included in In the November Regular cil from voting on a salary in- many organizations to discourage Cherokee Council Meeting, Coun- crease that would affect the What is Chief Slate (Team 180 degree turn in the first meet- cilors abolished existing legislation, Council casting the vote, ing of the newly seated Council in conflicts of interest, preferential enacted only 4 years earlier, to ap- through a system designed to Cherokee) really interested in? the September 10th meeting when treatment, favoritism and discrimi- prove legislation which changed the assess salaries of elected officials newly elected Councilor Brad Cobb, nation. These laws generally cre- period for adjusting elected official’s by the seated Council preceding representing Tulsa/Washington ate a more responsible system so salaries to the six months right af- a General Election so that future Counties, introduced legislation that officials voting on decisions ter the General Election. Councils would not repeat history entitled “The Sunshine Ethics Act within are not conflicted in their fi- The new legislation places by being in a similar conflicted of 2007” to legalize the Chero- duciary duties by self interest and/ Councilors in the same conflicted position, voting on their own sal- kee Nation of Oklahoma, (CNO) or involvement of closely related situation they found themselves in ary increases. employing immediate family family members. 1999, which was why the previ- The enactment created an members of elected officials. ous legislation was enacted to as- independent Citizen’s Compensa- Many Cherokee have expressed sure they are not voting on salary tion Committee for elected official concern that this legislation cre- increases where they will person- salaries. Two members are selected The legislation also made it le- ally benefit. by the Chief, two by the Council Chief Smith's Tribal Council gal for seated elected officials ates a radical potential for rampant Don Garvin, from Three and the four members select the to bid on contracts with the CNO corruption throughout the employ- Rivers District - Muskogee, intro- fifth member. This Committee was Rubber Stamps and profit from the Cherokee ment base and contractors work- duced legislation which designates to be selected prior to the General government while they are ing for the CNO. the six months right after the Gen- Election and would follow the di- seated. eral Election as the new window pe- rectives contained within that leg- Joe Crittenden, Councilor for Adair riod for increases to political sala- islation to determine any necessary The Cobb legislation may ultimately County who voted against the leg- ries. salary increase. be invalid on its face because it islation stated, “Persons who are Garvin’s legislation essen- Pursuant to Cherokee Na- seems to be in direct conflict with elected into Cherokee public ser- tially reversed law enacted in 2003, tion Legislative Act 42-03, the Com- the Constitution. The Act attempts vice are in a real sense promoted where Council mandated political mittee will consider all relevant com- to legalize Nepotism that is de- by the voters into the highest posi- salary modifications would occur parative market compensation lev- tion of trust where they are ex- prior to the General Election so that els, including available compensa- clared illegal within the Chero- all candidates are notified and fur- tion information of other tribal gov- kee Constitution. pected to exhibit the utmost integ- ther to provide that no future Coun- ernments, state and local govern- rity. Elected officials of this govern- cil would ever be voting on a raise ments, and the private sector, along The Cherokee Nation Constitution ment are entrusted to make good for themselves. with data from U.S. Department of Curtis G. Snell Harley Buzzard Cara Cowan Watts in Article X, Section 10, provides decisions concerning the Cherokee Theoretically, Councilors Labor’s Bureau of Labor Statistics, that, “No official member or of- peoples’ assets and assure that the voting on their own salary increase and all other relevant market infor- ficer of the Council, Cabinet operations within the tribe are would be conflicted to cast a vote mation. Member, employee of any offi- proper in every sense of the word,” on such a measure because each The Committee then noti- cial, Council, Cabinet, or sub- he said. would financially benefit by such a fies Council of their findings and divisions thereof, or any person decision. recommendations. The Council then employed in any capacity by Crittenden stated, “The legislation Stephanie Wickliff, Coun- votes to approve or reject the Com- the Cherokee Nation shall re- in place is much better law than cilor for Mayes County, sponsored mittee proposal. Any increase in sal- ceive from any individual, part- this new legislation, which creates the former legislation stating it was ary would only affect the Council a possibility for our government to proposed, “in a spirit of fairness to seated after the following General nership, corporation, or entity all” and “to prevent any future Election so that the Council voting doing business with the Chero- end up in the selfish hands of a few, Council from getting into a similar on any increase is not personally kee Nation directly or indirectly who could potentially sacrifice what any interest, profit, benefits, or is best for the people and choose conflicted situation as the 1999 benefited. Buel Anglen Bradley Cobb Council had experienced.” Last term just prior to the Julia Coates gratuity, other than wages, sal- rather to benefit their own agenda. She said in her presenta- 2007 election, the Citizen’s Com- ary, per diem, or expenses spe- It dissolves a real safeguard tion of the Act, “It is my sincere pensation Committee was as- cifically provided by law.” that has historically promoted hope that no future Council will sembled for the first time as per law, more accountability within our ever have to endure such criticism where former Speaker of the House Following that statement under The elected officials. I can not sup- as many of us have experienced of Representatives for the State of Purpose the Act then sates: This port it,” Crittenden said. since we approved the long over- Oklahoma, Larry Adair of Stilwell Act is in part intended to specify due increase to the Council’s pay.” served along with Clem those situations “provided by law” Smith stated many times through Within McSpadden, Jen- the 2007 election that the best ser- months after the nifer Barger- under which a transaction which 1999 election Johnson and Joe would otherwise be prohibited by vice Cherokee Nation provides is Councilors voted Hutchinson. this section of the Constitution will all of the jobs created by CNO. to virtually double The be permitted. Smith also boasted that during his their salaries to Committee made tenure, he has tripled both the approximately their assessments Meredith Frailey Don Garyin Janelle Fullbright Prior to the tenure of Principal Chief employment base and the revenue $35,000 plus ben- and recom- "Chief Chad Smith, CNO nepotism laws stream flowing into the CNO. efits. mended to Coun- were strictly enforced. Nepotism Their ac- cil that salaries for Smith's Team laws have historically provided an But Resident in the tion prompted the Chief, Deputy important safe guard to discourage 2007 election must have seen Carl Guthrie, a and Council Cherokee" the CNO from evolving into a radi- through Smith’s logic to realize tribal member should all increase cally run “Family” operation more only the person receiving a job en- from Stilwell, to at a rate of 3% Since taking joys any benefit from the tribe un- file a Referendum within each year similar to The Sopranos than a Petition, to freeze of the following office only government set up to serve its der the Smith theory. the raise until Cherokees could vote term. The Committee determined an people. on the question. average for current salaries of simi- four months Objectively speaking, with three Guthrie felt any increase to lar officials in the other four of the ago the During the 1995 term, Councilor times the revenue and workers, one political salaries should have been Five Civilized Tribes and the East- Mige Glory passed away and the would assume that any efficient made prior to the election so that ern Band of Cherokees. Within that Jack 0. Baker Chris Soap Slate has: Council chose to fill his seat by operation would produce at least all candidates were apprized of an they found Cherokee Councilors naming his wife, Tina May Glory. three times the product, in CNO’s increase in salary. Guthrie stated and the Deputy respectively were (1) Modified the Nepotism Laws so that CNO can now hire Barbara Starr Scott, then a Coun- case quality services to the Chero- that he thought it was totally im- paid 15% and 13.8 % less than their politicians’ spouses & children into high paying jobs. cilor for Delaware County, filed suit kee people. proper for newly elected officials counterparts. The Principal Chief saying that Tina May could not be to immediately vote themselves’ a however was only 3% less than the (2) Revoked existing elected officials’ compensation laws in seated on the Council because her By their vote in 2007, Cherokee raise, in effect doubling what all average of other five tribes. people within the jurisdiction voiced other candidates had believed the On September 7, Council- preparation to vote themselves another pay raise, discussing daughter Tina Glory Jordon, pres- positions would pay. ors voted (15-1) to reject the 75,000 annually and increasing the Chief’s salary to nearly $300,000 ently a Cherokee District 1 Coun- their discontent with Smith’s vision cilor, was then a Cherokee District of building a huge bureaucracy con- Although Guthrie garnered Committee’s recommendations for a year. adequate signatures, the petition was an increase in pay for elected offi- Court Judge. suming the money rather than cre- ating a more efficient system of ruled invalid on its face because it cials during the term following the (3) did not contain the enough infor- 2007 election. Enacted laws so that elected officials can now bid on contracts Although there was a legal ques- enough quality services for the mation on the measure to adequately Garvin presented his leg- with CNO & profit from the government they are entrusted to watch tion if a Judge would be considered people. Smith was defeated in both inform voters signing the petition. islation in the November meeting over. (check the Cherokee Nation Constitution in Article X, Section 10.) an employee of the CNO, the case Cherokee and Adair Counties and Councilors subsequently filed suit stating, “This legislation creates fair- asked the Court to rule that the two narrowly escaped defeat in most against Guthrie alleging fraud within ness between persons on the Coun- One day the Court is likely to rule these steps backward are were in conflict of nepotism laws other districts where more Chero- the petition drive although the evi- cil who are serving both six year unconstitutional. and force at least one to resign. kees are dependent on services. dence cited as fraudulent was found and four year terms because the Rather than it becoming a legal on petitions that carriers, other than shorter term people will not enjoy controversy Tina Mae resigned and But just the opposite occurred out- Guthrie, had circulated. The peti- the benefit of a raise when its time Whenever elected officials can legally choose to serve their own self- tion effort died a slow death within for increases four years from now the Council appointed Harley Terrell continues on page 5 interests thus being in conflict to vote and represent the voice of their to the seat. the CNO judicial system and Coun- like the people with six year terms constituents, a critical check & balance within our system has cilors finally dismissed the case will, so it will make us all equal.” against Guthrie. , of Chero- been dissolved! "Power to the Cherokee People!" Although a Referendum is kee County was the only Councilor Is it time to begin recall petitions? supposed to freeze any Act ap- voting against the Garvin legislation. 2rkg 2hUje 111207 PRSRT STD proved by Council until after all sig- Although since approving Cherokee Observer U.S. Postage natures are verified and counted by Garvin’s legislation, no official Cherokee Nation Landfill Critic’s PO Box 487 Paid the Election Commission and the Council Committee has begun dis- Blackwell, OK 74631-0487 Permit No. 311 Court rules on the validity of the cussion concerning raises; there Cabin Burned petition, Councilors enjoyed the in- have been rumblings among Coun- Tahlequah, OK crease in salary throughout the pe- cilors of potential increases as high Ruled Arson riod with no negative influence by as $75,000 with the Chief’s annual the Referendum. salary moving from the current In 2003, Council enacted $125,000 up to $300,000, both be- law preventing any future Coun- coming effective immediately.* Subscribe to the Cherokee Observer Today! continued on page 3 #h'wx3 2 November/December 2007 2rkg 2hUje Cherokee Observer

The First Printed Law in the Cherokee Nation Sept. 11, 1808 CHEROKEE NATION ENVIRONMENTAL PROTECTION COMMISSION NOTICE OF VIOLATION (No. NOV-0807) Indian Country Investments, LLC Resolved by the Chiefs and BLACK FOX, Principal Chief, Walker, Captain George Fields, Gary S. Pitchlynn, Managing Member Warriors in a National Council , Sec’d Captain Alexander Sanders, PO Box 73070 assembled. That it shall be, and TOOCHALAR. ACT OF Captain John Rogers, Adjutant Norman, OK 73070 is hereby authorized, for the OBLIVION [This Act stopped John Ross and Private Charles Cherokee Nation regulating parties to be organized the Seven Clans from Revenge Reese. In the crucial battle Horse Financial Resources Group PO Box 948 to consist of six men in each Killings] CHAS. HICKS, Sec’y Shoe Bend in which the Creeks Tahlequah, OK 74465 company; one Captain, one to Council. Brooms Town, 11th were strongly barricaded behind Lieutenant and four privates, to Sept. 1808. Be it known, That Cyress log ramparts and were On July 7, 2005 the Cherokee Nation Environmental Protection Commission issued conditional interim permit no. continue in service for the term of this day, the various Clans or holding their own against the MSW-01 with an accompanying compliance schedule to Cherokee Nation Financial Resources. Permit number one year, whose duties it shall be Tribes which compose the frontal attacks, a detachment of MSW-01 was later modified to add ICI as a joint permittee. The permit relates to the Cherokee Nation Sanitary Landfill located in Sections 3 and 10, T 14N, R25 East, Adair County Oklahoma. to suppress horse stealing and Cherokee Nation, have Cherokees came up on the robbery of other property within unanimously passed an Act of opposite side of the river, Charles You are receiving this notice because you are a listed permittee or their agent and are responsible for compliance their respective bounds, who shall Oblivion for all lives for which Reese swam across and towed a at the above mentioned landfill. be paid out of the National they may have been indebted, on canoe to his associates, the canoe annuity, at the rates of fifty dollars to the other, and have mutually load of warriors crossed the YOU ARE HEREBY NOTIFIED of the following violations of the terms of permit no. MSW-01, the Compliance Schedule, the Cherokee Nation Environmental Quality Code, federal laws and/or federal regulations in 40 CFR Part to each Captain, forty to each agreed that after this evening the stream and each one got a canoe. 258: Lieutenant, and thiry dollars to aforesaid Act shall become In this manner the Cherokees each of the privates; and to give binding upon every Clan or Tribe; landed in the back part of the (1) An unauthorized discharge of pollutants from the leachate storage pond occurred on 7/1/07 and 7/2/07. The their protection to children as heirs and the aforesaid Clans or Tribes, bend, attacked the Creeks from discharges entered waters of the Nation or were in a place likely to reach waters of the Nation, were not authorized to their father’s property, and to have also agreed that if, in future, the rear. In attempting to repel this by any permit, and therefore were unlawful pursuant to 63 CNCA '908 A and other provisions of Cherokee Nation the widow’s share whom he may any life should be lost without assault the Creeks so weakened law. See Exhibit 1 (Complaint received from Jack Crittenden July 2, 2007) and Exhibit 2 (Photo dated July 2, 2007). have had children by or cohabited malice intended, the innocent their front that a breach was made (2) Failure to maintain complete daily cover as required by 40CFR 258.21 for 50 days. See Exhibit 3 (List of days with, as his wife, at the time of his aggressor shall not be accounted nearly annihilating the belligerent without 100% daily cover). Exhibit 4 (Landfill Daily Cover Log Reports for April, May, June and July 2007), and decease, and in case a father shall guilty. Be it known, also, That Creek forces. From that day Exhibit 5 (5.1, 5.2, 5.3 and 5.4, photos of daily cover) leave or will any property to a should it happen that brother, Andrew Jackson became child at the time of his decease, forgetting his natural affection, increasingly popular. (3) Acceptance of industrial waste in violation of Permit No. MSW-01, Section VIII for 182 days (2/13/07-08/14/07). Industrial waste has been accepted from Insul-Bead Corp., Hendren Plastics, Cellofoam North American, Tyson which he may have had by should raise his hand in anger and HISTORIANS CAREFULLY Foods, Mrs. Smiths, and others. No modifications to the permit has been approved to allow for the acceptance of another woman, then, his present kill his brother, he shall be REFRAIN FROM GIVING industrial wastes to date. See Exhibit 6 (List of CNSL Industrial Customers dated 2/13/07), Exhibit 7 (photo of wife shall be entitled to receive accounted guilty of murder and THE CHEROKEES MENTION industrial waste being disposed at landfill on 7/25/07), and Exhibit 8 (Permit Section VIII) any such property as may be left suffer accordingly, and if a man OR CREDIT for a part in this by him or them, when has a horse stolen, and overtakes combat and Reese’s family (4) Since 08/02/06 methane levels at monitoring wells GP-4 through GP-6 have exceeded 25% of LEL regulatory limit (40 CFR 258.23). The Gas Remediation Plan prepared by A & M Engineering on 8/28/07 has not been substantiated by two or one the thief, and should his anger be received a silver mounted rifle as implemented and this problem continues to date. See Exhibits 9, 10, 11, and 12. disinterested witnesses. Be it so great as to cause him to kill acknowledgement for his actions, resolved by the Council aforesaid, him, let his blood remain on his three years after his death. THE (5) Part VII, page 2 of the Permit MSW-01 authorizes one stormwater pond and provides that no new impound- When any person or persons own conscience, but no BASIS FOR THE FIRST ments shall be constructed without prior written approval of the Commission. The landfill is currently utilizing an which may or shall be charged satisfication shall be demanded CHEROKEE unlined depression as an additional stormwater impoundment. This impoundment was cited in violation (NOV 01/ 06) on 11/06/06. CNSL installed a pumping system to redirect stormwater to the permitted stormwater impound- with stealing a horse, and upon for his life from his relatives or the CONSTITUTION MAY 6, ment on 4/19/07 in response to Administrative Compliance Order 0001-07 issued by the EPS on 3/20/07. However conviction by one or two Clan he may belong to. BY 1817 An Act of the Cherokee on 8/3/07 the pumping system has been disassembled and the unauthorized storm water detention basin is full. witnesses, he, she, or they, shall ORDER OF THE SEVEN Council that served as a See Exhibit 13. be punished with one hundred CLANS. Turtle At Home substitute for a Constitution was stripes on the bare back, and the Speaker of the Council as follows: Whereas, fifty-four As of 8/14/06, the above violations had not been satisfactorily corrected. punishment to be in proportion for Approved—BLACK FOX, towns and villages This notice of violation serves as a final notice to correct the above violation by ______. This compliance order stealing property of less value; Principal Chief, PATHKILLER, shall become a final order unless, by the above stated date, any respondent named herein requests an administra- and should the accused person or Sec’d TOOCHALER. Local attorney loses tive enforcement hearing. persons raise up with arms in his HORSESHOE BEND Private his license or their hands, as guns, axes, Reese: The Real Hero In the war Failure to correct the listed conditions shall result in the issuance of a compliance order, as authorized by the By JOSH NEWTON provisions of the Cherokee Nation Environmental Quality Code 63 CNCA 1005 et seq. spears and knives, in opposition between the United States and the [email protected] to the regulating company, or Creeks in 1814 a large body of account, dated May 30, 2006. That cized me for sloppy bookkeeping,” said. should they kill him or them, the Cherokees volunteered to assist TAHLEQUAH DAILY PRESS — check was returned for insufficient said Young. Wilhelm also loaned Young $10,000. blood of him or them shall not be the army led by Generals Andrew Tahlequah attorney Nathan Young III funds. A grievance was filed by the He also said he’s been criticized for A note states Young was to pay has been disbarred for using his trust center on June 5, 2006, and on June 8, the number of people who had access $10,600 within 60 days, which in- required of any of the persons Jackson and John Coffie. Among account to pay family bills. Young sent the center a cashier’s to his trust account, “and I take full cluded 6 percent interest. Young paid belonging to the regulators from the officers were Colonel John The action comes after a check. The Orthopedic Center re- account for that.” Wilhelm $10,100 in a timely fashion. the clan the person so killed Lowry, Major George Lowery, complaint was filed April 13. An opin- leased the lien June 12. A second case involves Virgle Wilhelm testified, “Well, belonged to. Accepted.— , Major John ion by the state Supreme Court’s Pro- A letter was sent to Young Wilhelm, who hired Young on a con- right off the top of my head, that [$600 fessional Responsibility Tribunal when the OBA learned the check tingency fee arrangement to represent in interest] is significantly better than shows two separate cases that led to drawn on his trust account had been him when, on Oct. 20, 1999, the 9 percent in my favor.” Change of Address his disbarment after more than 30 returned for insufficient funds. Tahlequah City Council terminated When Wilhelm asked Young NAME______years as a licensed attorney with the “Young’s letter was nonresponsive two contracts it had with Wilhelm. On about the other $500, Young’s re- Oklahoma Bar Association. and untimely,” states the PRT. Dec. 23, 1999, Young filed a lawsuit sponse was that $100 was interest at In the first case, Young rep- Young’s trust account state- on behalf of Wilhelm against the city 6 percent per annum. New ADDRESS______resented a client in a personal injury ments show checks were written on it of Tahlequah in Cherokee County Dis- On Wednesday, Young said case who had been treated at the East- for home and car insurance; cable TV trict Court. he did pay the $10,100, but the idea CITY______STATE ______ZIP______ern Oklahoma Orthopedic Center, service; for cash; for payroll obliga- According to the state, behind the other $500 is a “total fab- which filed a lien for $3,803 for its tions; and to members of Young’s fam- Wilhelm said he became frustrated and rication.” Part of the situation, he said, services. March 31, 2006, the case was ily. Young testified he used the trust tried to hire another lawyer after revolves around the fact that Phone #: (____) _____ - ______settled, and Young requested permis- account to pay his bills because the “nothing had happened for one and Wilhelm’s daughter-in-law was one of sion to endorse the settlement check Internal Revenue Service put a lien one-half years.” Wilhelm was refused Young’s employees at the time. The Email: ______on his client’s behalf. In exchange for on his operating account. Young has because of Young’s status. Young PRT states it “cannot agree that the a promise to pay as soon as the funds also failed to pay $19,714.77 in bills dismissed the Cherokee County ac- payment of $100 was unreasonable cleared the bank, the center allowed from the client’s other medical provid- tion, and on April 16, 2001, he filed a on its face.” Old ADDRESS______Young to endorse the check, and on ers, the state alleges. complaint in the federal district court Young and the OBA dis- April 1, 2006, Young deposited “Young spent these trust of the Eastern District of Oklahoma. agreed over whether the statutes of CITY______STATE ______ZIP______$142,000 into his trust account. funds for his and his family’s benefit, On Oct. 12, 2001, the defendants filed limitations have run on Wilhelm’s The Orthopedic Center funds to which he had no entitlement,” a motion for summary judgment. claims, but the state Supreme Court failed to receive its payment, so offi- the Supreme Court of the State of Young was given an extension until said it is not necessary to make the Phone #: (____) _____ - ______cials “made several attempts to con- Oklahoma ruled. Nov. 1, 2001, to reply, but instead, he legal determination. email or snail mail tact Young,” according to court docu- In a phone interview filed a motion to dismiss this federal Young is ordered to pay Email: ______ments Young did not return the calls, Wednesday afternoon, Young admit- action, which the court granted. $1,065.54 to cover costs of the inves- 111207 but wrote a check for $3,823 on his ted he’s been known for his account- Activities continued for sev- tigation, the record, and disciplinary trust ing issues. eral more years, until in July 2004, proceedings within 90 days of OBA’s The Cherokee Observer “Historically, they have criti- Young again filed a petition in the opinion. Cherokee County District Court. In According to the Oklahoma 2rkg 2hUje Chief Smith keeps telling us we These are main puppets from the December 2005, the city made a mo- Rules of Professional Conduct, law- need to vote for his 2007 slate for 2003 slate. tion for summary judgment and yers are required to maintain a sepa- "The Only Independent Cherokee Newspaper" tribal councilors, so he can get Meredith Frailey (6) Young was given until Feb. 6, 2006, to rate account for client or third-party P.O. Box 487 things done. They will work to- Jackie Bob Martin (2) respond. Again, Young filed to dis- funds. gether as a team. Blackwell, OK 74631-0487 Cara Cowan Watts (7) miss the case without prejudice. This requirement safeguards Wilhelm said he tried to con- the funds and maintains complete e-mail: [email protected] Buel Anglen (8) Sounds good, but is it constitu- tact Young several times, but Young records of them. The owner is to be [email protected] tional? It says that no branch of Don Garyin (4) did not return phone calls. The state notified when the funds are received. government is to control another. Phone/Fax: 1-580-363-5438 Audra Smoke Conner (2) alleges that when Wilhelm learned “We recognize that Young accepts No one person is to control all * Jack 0. Baker (2) PUBLISHER: Marvin J. Summerfield branches of government. If one Young had filed bankruptcy, he responsibility for at least some of * new At Large OWNER: Cherokee Observer, Inc. person has control of all three agreed to advance the attorney his misconduct and has stated he has branches of government it's a dic- Over these last 3 1/2 years, chief $10,000 for expenses related to his established procedures to maintain www.cherokeeobserver.org tatorship. Which is what we have smith met with theses slate mem- lawsuit in exchange for Young’s low- the integrity of his trust account,” said been working under for 3 1/2 years bers outside of the tribal complex ering his contingency fee. the PRT. already. to plan how, who and what was to “Wilhelm never received an Young said he has to stand Rate Per Copy (News Stand)...... $.50 be presented at the tribal council accounting for the $10,000,” the state up for his actions and take responsi- We have seen this slate in action alleges. “... Young accounted for bility. He added that much of what’s Back Issues rate per copy (mailed)...... $2.00 over these last 3 1/2 years. Tribal meetings. This could be that they Yearly Mailing Rate (domestic)...... $22.00 conspired; (to plan together se- $2,488.76 of the $10,000, leaving a happened is a result of recent personal councilors voting to approve an act balance of $7,511.24.” and family issues, including his and in committee. Then have Chief cretly.) to follow Chief Smith's or- Franklin McLain...... Online/Managing Editor Young said part of the prob- his mother’s deteriorating health. Smith Veto's it, then his slate not ders. This may be in violation to Marvin J. Summerfield...... Language Editor lem behind the unaccounted $7,000- “I’ve done it for 32, 33 years,” doing anything to overturn the constitution. plus balance is a computer-system he said of practicing as an attorney. veto. Which amounts to doing Now we will see what this new slate The Cherokee Observer welcomes letters to the Editor. All let- what the Chief wants even when it crash that occurred several years ago, “Truthfully, I’m not going to will do. Work for the Cherokee ters must be signed and include the writer's address. Lettersmay is a great act of law. Their actions which he said he reported. All related miss it. Maybe this is a blessing in People or for Chief Chad Smith. be edited for space and or libelous content. Names may be with- are puppets, bought & paid for. information to the case was lost, he disguise.” held upon request. Letters will be published as space permits. Letters to the Editor express the views of the writer and donot necessarily reflect the view of the Cherokee Observer. 111207 www.cherokeeobserver.org 2rkg 2hUje Cherokee Observer November/December 2007 #h'wx3 3 continued from page 1 The State of Cherokee Nation Landfill Critic’s Cabin Burned "Indian Territory Proposed as Sequoyah" Ruled Arson The U.S. government at- soon joined by Muscogee (Creek) This time was fixed by the agreements Portions Attributed to Donna Hales - Muskogee Phoenix Staff Writer tempted to abolish the governments Chief Porter and Seminole Chief closing the tribal governments March Published November 03, 2007 of the Five Civilized Tribes effective Brown. However, Chickasaw Chief 4, 1906. Through this transition our Portions Attributed to Monica Keen - Sequoyah County Times Staff Writer - Published November 1, 2007 March 4, 1906. This was through the Johnston was in favor of joint state- present government shall not be an- Curtis Act. Most of the members of hood with Oklahoma and refused to nihilated but transformed into mate- A fire that destroyed a hunting cabin where the cabin was located. Young city of Stilwell, about six miles away. the United States Congress were in participate. However, he later sent rial for a nobly builded state. This shall owned by a critic of the Cherokee said the cabin had been burned to the There are still employees on site. favor of Indian Territory and Okla- William Murray who was his private we have life, not death." It was signed, Nation Landfill was arson, said state ground and was still smoldering when homa Territory combining into one secretary. "the Principal Chiefs of the Cherokee, Fire Marshal Sam Pinson. The owner, he got to the site. Three days before the cabin burned, state. Most of the Native Americans, The convention convened Choctaw, Seminole and Creek Nations. Glenn DeAtley, solid waste coordina- and some whites who legally resided on August 22, 1905 and was held at The Sequoyah Constitution tor for the Environmental Protection in Indian Territory, were adamantly the Hinton Theater in downtown was published on October 14, 1905 Agency office in Dallas, acknowl- against united with Oklahoma Terri- Muskogee, Muscogee (Creek) Na- with an election on November 7. edged receipt of an e-mail from tory. tion, Indian Territory. The hall was 65,352 votes were cast, and 56,279 Crittenden to the EPA’s Washington, In April, 1905, President decorated with pictures of the Chero- were for the ratification of the consti- D.C., office. Theodore Roosevelt promoted single kee inventor Sequoyah, pictures of tution. Only 9,073 were against. statehood at each stop of his railroad the Five Civilized Tribes' Chiefs, as A copy of the constitution, DeAtley wrote he understood the campaign throughout Indian Territory. well as American flags and a picture along with the results of the votes, landfill was in the process of being A separate state, however, consisting of Theodore Roosevelt. The festivi- were sent to U.S. Congress. However, closed, and any complaints Crittenden of the Five Civilized Tribes located in ties were embelished by the Congress would not even consider it. had should be addressed to the Indian Territory, was proposed. The Muskogee Merchant's Band. The The St. Louis Republic editorialized, Cherokee Nation Environmental Pro- name of that state would be Muskogee Phoenix reported that ". . . "the Indians are powerless to enforce tection Commission. "Sequoyah." hardshelled single staters figuratively the bargains which Congress made J.A. Norman wrote, "Okla- wept bitter tears." with them, and organized government “That is what I have run into at every homa has already thrown down the The elected Chairman of the is absolutely necessary to the whites turn, and now it’s gone 360 degrees gauntlet of statehood by holding this Constitution Committee was W.W. who have gone, and are still going back to the Cherokee Nation Environ- summer a convention to form a con- Hastings (Cherokee) of Tahlequah. fast, into the Territory." mental (Department), who couldn’t stitution for Oklahoma and Indian Some of the hottest debates were the A handbill promoting the oversee a Port-A-Potty and get it Territories as one state. We, as Chero- boundaries of the proposed 48 coun- State of Sequoyah stated, "These trea- Jack Crittenden enjoyed his hunting right,” Crittenden put in a copy of the kee, Creek, Choctaw, Chickasaw, Semi- ties, but suffrage for women was also ties so far as they apply to the lands retreat for over 30 years after Crittenden told Young he believed the e-mail mailed to his attorney. nole, and Osage Indians, together a topic of much discussion. Due to owned by the Five Civilized Tribes, returning from the Vietnam War. cabin was set on fire because he had with the whites and blacks in our the matrilineal structure of the Chero- and to those lands alone, have never been trying to get the landfill closed Crittenden said, “The Cherokee Na- midst, have the same right to call a kee society, the Cherokee representa- been repealed, but expressly ratified Jack Crittenden, is claiming the arson or get a federal or state inspection of tion Environmental being the only constitutional convention, to adopt a tives fought earnestly for the right to in later treaties. . . . If these promises was a form of retaliation for the clo- how it is operated. oversight on their own landfill opera- constitution for the Indian Territory's vote being given to both sexes. are not binding upon the United sure of the landfill. tion is like the fox watching the hen new state, called "Sequoyah," and The Principal Chiefs stated States, then our government and Crittenden said Wednesday morning house.” submit it to the next congress to ratify on October 1, "Indian Territory has people can be bound by no treaty. If “It was set on fire,” Pinson said. that after the cabin burned he learned as it is already duly bound to do so reached to period of transition from we do not scrupulously respect the “There were no utilities in the cabin that men were working at the landfill, “I believe we’re on the brink of dis- by sacred and solemn treaties. Ameri- tribal government to that of statehood. rights flowing from these treaties no so there was nothing to start the fire, 300 yards away from his cabin on the covering that CNO has been pollut- can citizens, the loyal patriotic matter The policy of the United States ex- one can reasonably place confidence and it wasn’t storming when the cabin day the cabin burned. He said the men ing the drinking water within a huge is now us to you." pressed in treaties and upheld by the in our national honor. caught fire. Somebody had to be there told him they saw smoke, but thought radius for decades. Yet the authori- It was said that Norman's let- United States government has always In 1907, Indian and Okla- — there’s no other reason for it to Crittenden was at the cabin. ties within the United States govern- ter "Lighted a match and set the prai- consistently maintained the position homa territores were merged into one start.” ment seem unwilling to exercise any ries on fire." Norman later joined with that out of the country owned and state whose name is a Choctaw word Crittenden said Thursday night he has authority over what has been dumped Cherokee Chief Rogers, and Choctaw occupied by the nations of the Indian for 'home of the red man,' - Oklahoma. According to the incident report been given names of people who in it,” he said. “There could be untold Chief McCurtain, and called for a con- Territory at the right time a state or *** Crittenden and, Cherokee Tribal Coun- talked about burning his cabin or damage to this area for decades to stitutional convention. They were states should be formed by its people. cilman Joe Crittenden, who is Jack worse. He said he intends to ask law come. It’s time for the federal govern- Crittenden's cousin, asked the State enforcement to check that information ment to get their EPA involved so the Cherokee Nation dissolves tribal housing authority Fire Marshal's Office to investigate the out. He said he’s been told several people of Adair County can finally By S.E. RUCKMAN Tulsa World Staff Writer 12/19/2007 fire. landfill employees blame him for the know the damage, what must be done landfill closure, although the landfill to fix it and stop anything worse from Chief Deputy Benton Sims said that was clearly full. happening,” concluded Crittenden. TAHLEQUAH — The has 170 workers, who now will (Creek) Nation in Okmulgee in the report filed with the Adair County Cherokee Nation is dissolving its become employees of the opting to run their housing Sheriff's Office, stated that Deputy Crittenden contacted federal and tribal DeAtley’s supervisor, Willie Kelley, housing authority, placing all of the Cherokee Nation, councilors programs. The Creeks sought James Austin Young received a call environmental officials for more than chief of the Underground Storage from Jack Crittenden's wife at about a year complaining of various prob- Tank and Solid Waste Section of EPA’s tribe’s housing programs under said. The move could mean the and received a legislative act that 5:45 p.m. on Oct. 25 informing Young lems at the landfill, including the pol- Region 6 in Dallas, said Friday that tribal administration oversight. loss of about a dozen posi tions. dissolved their state-chartered that her husband's hunting cabin had lution of ground water and Lee’s Indian tribes are sovereign and that The tribal council approved the Other councilors pushed to table housing authority in 2006. S.E. been burned and arson was sus- Creek, 600 feet right below it, which is the EPA is allowed to give technical move during a regular meeting the move so that further study Ruckman 581-8462 pected. a tributary within the watershed of the assistance, but that the tribe would Monday night. The Cherokee could be done. Tribal lawmaker [email protected] By Ft Smith drinking water supply. have to request EPA to do so. Nation has 25 housing programs. Chuck Hoskin Jr. said the Owned for more than 20 years by Viet- Tell us what you think below! nam veteran Jack Crittenden, a Chero- The closing came after the tribe’s en- Under the federal Solid Waste Dis- Previously, seven were handled administration had not presented kee citizen, the cabin was not on tribal vironmental protection commission posal Act, the EPA has no “permit- by the housing authority, which a formal plan that outlined the 1. 12/19/2007 6:44:29 AM, land, but crossing tribal land was the issued more than $1.6 million in fines ting authority, nor inspection author- operated separately from the tribe. changeover for the council. “It is only way to get there. to the firm, Indian Country Invest- ity nor enforcement authority,” Kelley Marvin James Summerfield, As a ments LLC (ICI), which operated the said. Unifying programs under the unknown how many will not have former Commissioner of the Before the Cherokee landfill was landfill, citing numerous violations. tribe’s structure would lead to jobs or how many will take a Housing Authority of the opened in 1983 a County Road run- Cherokee Nation spokesman Mike Tressa Tillman, a public affairs spe- improved services, proponents of reduction in pay,” Hoskin said. “I Cherokee Nation I disagree with ning through where the current land- Miller said that the fines against ICI cialist with EPA External Affairs, con- the plan said. “This move brings am not against this, but I am in the idea that Chad Smith’s fill was constructed on top of a 1200 that were levied by the Cherokee Na- curred. numerous programs under one favor of better planning.” The foot high hill, provided the only ac- tion Environmental Protection Com- administration can do a better job cess to several land owners who have mission (EPC) were about issues re- If a tribal landfill pollutes surround- umbrella, which should improve board that oversees the housing of obtaining decent housing for since been land locked. Although that lated to how the landfill was operated ing streams or areas not owned by accountability, efficiency, and authority will remain in place. It tribal members than the County Road was never officially on a day-to-day basis. the tribe, the EPA has no jurisdiction, foster cohesive collaboration will manage properties within the employees of the HACN. I was closed by the State, the Cherokee Kelley and Tillman said. among the various assistance tribe’s 14-county jurisdiction, Nation erected fences, leaving the The landfill closed in early October a two term commission under the surrounding property owners only because it was full, according to Miller. “Tribes are sovereign,” Tillman said. programs that provide services officials said. The tribe receives Mankiller administration. We access to their property, through the He said tribal environmental officials “EPA respects their self-governance throughout the Cherokee about $31 million annually in were buildging over 200 houses gates of the landfill. said there was no environmental rea- rights.” Nation,” tribal Councilor Chris Native American Housing per year as a separate entity. Let’s son to close the landfill, and nearby Soap said. Councilors approved Assistance and Self Determination see if Chad’s friends can do better Young first reportedly met with Jack lands had not been harmed by the Crittenden is offering a $2,500 reward the transfer of about $6.5 million Act funds from the U.S. Crittenden at the gate of the Chero- operation of the landfill. for the arrest, leading to the convic- than that? Marvin James kee Nation Landfill and Crittenden tion of those responsible. Those with in housing funds to the tribe’s Department of Housing and Summerfield Cherokee tribal guided Young to the east side of the Although it is closed officially, the information may call Crittenden at general fund to help with the Urban Development. The federal member, Miami, Oklahoma landfill and off landfill property to landfill still accepts sludge from the (918) 696-2595. transition. The housing authority funds are earmarked for housing needs including emergency repairs THE CHEROKEE OBSERVER Subscribe and home rehabilitation. The 2rkg 2hUje to the Cherokees join the Muscogee "The Only Independent Cherokee Newspaper" Cherokee "Serving the Cherokee People since 1992" 8(a) Sources P.O. BOX 487 Observer Today! BLACKWELL, OK. 74631-0487 Call Toll Free 1-888-363-5540 SUMMERFIELD, INC. E-mail: [email protected] (ORDER'S ONLY) http://www.cherokeeobserver.org 1903 K Southwest Phone/Fax (580) 363-5438 Miami, OK 74354-8711 SUBSCRIPTION FORM Yearly Subscription Rates Give a Donation Contacts: Marvin James Summerfield Within USA - $22.00/yr. Tamara R. Summerfield Outside USA - by quote only 111207 NAME______Herokee C 1 Office/Fax: 918-542-8796 ADDRESS______SIgns qPla Industry: NAICS 237110 CITY______STATE ______ZIP______Screenprinting Water and Sewer Line and Related Structures Construction Phone #: (____) _____ - ______Send CHECK Political Signs Banners or Vinyl Graphics Shirts Hats SBA certified this company as of 9/20/2005 . Email: ______MONEY ORDER 918-456-9559 The company’s graduation date for the 8(a) 1-580-363-5438 program is 9/20/2014 . SBA case Ed Crittenden -Owner Tahlequah, Ok Page 4 #Wx3 'g November/December 2007 2rkg 2hUje Cherokee Observer rkg ec(f Cherokee Symbol Study-Line 6 4" (ah) (ay) (ee) (oh) (oo) (uh) (NAH-uh)------NEAR 2 z 3 ^ # D 1. 0 (soh-NAY-lah)------NINE hW Y g c E [ 2. (g, k) s n I m A Q p 3. (h) (gah-NEE-hah) ------HIT

k d f 5 6 ; 4. (L) - (NOH-woo)------NOW

1 + Z ! _ 5. (m) = (NOO-lah)------come here 4" 0 s - = ' 6. (n, nh)

8 : K H J F 7. (q) ' (gah-NUH-jee)------Kanuchi

aj U l T R L 8. (s) THE EASY WAY w] v@ e% 7 b x 9. (d, t) The first step in learning to read and write Cherokee is to learn the Cherokee P$ } S N X V 10. (dl, tl) Syllabary. Sequoyah taught it using the sight and sound method, we have found that to be the best method also. We suggest you learn one line at a time. Say and r M t C q O 11. (j, ch) write each symbol of the line seven times. Repeat until each line is learned then move on to the next. But, always review the previous lines. After you learn y ( u * ) & 12. (w, hw) the Syllabary, Cherokee words and short phrases will be easier to learn. Although we strongly urge you to use all available resources, We i B o { 9 G 13. (y, hy) recommend you to avoid using English phonetics. Learning the sound of the symbol by sight eliminates the dependency on an unnecessary learning step Use vowel sound on top for each column vowel sound. Use consonant sound for each line across. Exception (Line 8) j only has "s-s-s" sound, and no vowel sound. which some new methods use. BALL OF FIRE r8xleL, 3;V 57 qv%GaeL, 2l e4hfjg o7glkv ^Y'L hfCv. ^g;He YL 4D 3Chwf 4" q0'L *Ywje, ewGkxjg #sp 2d qfl'wJ 39je 3;jg 3iw0; w4Nlmp ewGkxjg 0 q4h7j]sV3. aJ 39yce L-o u^g6r CY'L, gS #jhUeJ sh(j[ wRuj[ #NoJ cQje 2J3G rcy%jc #No 4x0p 206gj[ 2Y s Marvin J. Summerfield 39w'mw -Jd e2Ojc 2J3G 3h6c3 2d wRuj[ s[yj73 $ #S3h {rhUjw0d 3[o Djg Language Editor - =x0k #gOwjgs #L #No =x0; 206gjc Miami, Oklahoma 2Y 39w'mw -Jd e2Ojc -Jd 3206gjc hEjxe, 2srkg = #NoJ9bfn g5 #jwyxje3 3[o- yhJ #sp3. 2dog cQjeJ =wd h4$3 oz7n ^YfjD3 ' -J #hxw0; z7w tYL 2d h5: #Lv4 )Gp hfCv Cjww'f- 2G- z7wd -J ^tjwyxL eW;[3eV #4v'm This is the first line in the Cherokee syllabary. Read the symbols from gS gS- -J #v5Aa ^gjwyv[ ushi3L $ -J 2d )vf[3eV 20m the left to the right. oe#OU 2G -J C3 3{t3 ^tjwyxL 2d 2srkg, ]f0 We will print one word or a short sentence in the Cherokee Syllabary each 3;V g=xe 39S5w 39w'mw #sgL cQje issue. rYmT 39je =x0;3 gkJ-3Gw -J q4Pj]'m tg, 2d aH 2Bf #-V'm Look at the written symbols on the lines above and then trace the following #duj]' 2d #]4 qjh X[ #v{; 2d h;ke dotted lines to learn the Shape of each symbol. 3eP uwRujc #fcpje- YL 2d qfjb*T' tg, m2 t=je, Then say the Sounds of the Symbols each time you write them. (Look at the YL vNX[ 2d L-o zm 'wDJ 3hm #%jx3 rkg 2Bf #7VL3, syllabary to find the sounds for each symbol). 2U- ^hv{' qjh X[ $- DjJ cQje #g; Then do it on your own. You will now know the Sounds and the Shapes of each {tcz gS- s[yjx #jhUe sh(j[ wRuj[3 4jg 39je, of the Symbols for each line. ^hV{k- cQje ^tcyxe z7w tYL -J eX[ 2G, rkgo ^gr% h;ke 3eV ubfTj]' #Lv4h5: 2d ubjw{V 2Bf CgkuOm eUje NUMBERS gkJ- 3Gw ha8; 2w(kgjg 2kjh;e 3gw YL3, #[yf b9cx )fjkw' h;5 3eV 2d 3;jgJ 3kle 3G )jc;O 4m9 #RfcO gS #jhUe sh(j[ #jw{mje YL3, 1- aJ 2-kf 3-C3 4-'g wRuj[3. 2d CYt, h;He BALL OF FIRE ^hwMf YL3, [sYL 5-mjg 6-Rwf 7-hfHg 8-r0k English translation by -O0p ^Oej[ As I was growing up sometime around the of 1957, we still had no #w7fje 2d electricity in our home. We loved going to our neighbors to visit. 9-T0k 10-jcm 11- ab 12- ]fb They had a television and just about every night a few families would 2fIfje 2w'weje gather there to watch television. Once when we arrived at home late YL3, #w'%9 YL at night, our dog was barking incessantly, just as though it was seeing 13- Chb 14- shb 15- jghb 16- wkb something close by, that's what it was doing. It would run after it a #[u9 avg little ways and then it would turn around and come back and stay s[4x3, 4jg close by us and it continued to bark. We didn't think much of it the 3{hx0eo 17- hf8b 18- 0kb 19- T0kb 20-]fjcm first night it did that but the next night it did the same thing. It would run after something fora short distance and then it would return, and Chfjc;w0n, 2d then it would run after it again, just as though it wanted someone to ^t]{UnIx wNmjx 1833 'yjvje #sr% 3ix0;m follow it. At first we thought it might be a cow and then we thought #4Mf YUje, maybe some other livestock had strayed from someone. Then my ^gjv;eo 2d #v%GaeL3, 4" ows0;, 2e4 dad (now deceased) became curious and went and got a shotgun ^g0eo 4jg q4Nmj]'m cQjejgs m2 s#jvje from inside the house. And my brother and I and my dad then fol- 3{hx0eo, 4H 2syts, wx0; 4jg 2s rkgo lowed the dog. So when the dog saw that we were following it, 4"s, 2d tbsn continued to chase after the thing and it didn't return. Then the three 4jg [sYL -O0n [ys0Hjejgs- 20m, #4Mfhi of us followed the dog for about a quarter of a mile and it acted as 2d ^tjwoen m2 YUje 4jg rkgo 20m tg 2d hYtgze though it was chasing something. Then suddenly the dog stopped and 2slGun 4jg q- it started to circle a big oak tree and it was barking up the tree. It was 4jg hEjxe 4jg 3ix0e oshfje sYL4 in the fall season and the leaves had fallen from the trees and the e0;7e 2s rkgo. 4H ^jx 4'0; V'm, 2d b9cx moon was shining brightly. But as we completely circled the oak tree 2srkg 2syts- and we didn't even see anything on the tree. And the dog continued wwmV I. to bark and bark. And when we gave up seeing something, my dad #wX[ 1. 2S5x 2j8xm sYL4 tg (deceased) then aimed the shotgun up into the tree and he fired a v[E]s7; 2s eh;ujw0e YL3. round. And immediately a round flaming ball about the size of a bas- '- #0h ketball rose out of the top of the tree towards the sky and faded out rkgo 4jgH #wX[ 2. hw All written Cherokee is published under the a few feet above the trees. It was the that the dog never barked that YUje ecDm tg W- 2srkg #sp3 Copyright (c) 1992-2007 The Foundation. way again. 2rkg 2hUje Cherokee Observer November/December 2007 #h'wx3 5

continued from page 1 Editorial Opinion Cherokee Council Revises Nepotism Laws - Did the Family Just Take Over CNO?

side of the boundaries where question before the court. crime, almost every new business prior to the 2007 election for the their people or if they would rather Cherokees gave a two to one venture going bust losing millions Carson recently announced to Commission to rule him ineligible profit by doing business with their vote of confidence for Smith’s Last month Council approved in- on each and with the Cobb legisla- Council that CNB made the deci- to run. The decision was split in a government. But no person can job growth philosophy as their creasing the line of credit for CNB tion approved, the family can legally sion to pay off all debts within CNI (3-2) vote with Drew Wilcoxen, serve two masters. leader. Only in two districts from $40 million to $125 million. be placed throughout the operation expending $15 million from gam- Patsy Morton and Rick Doherty within the nation, Rogers County However the Smith slate voted without any control on salaries. ing revenues so that CNI could re- supporting Anglen and Jim Briggs She said, “Several of Smith’s slate, and the Tulsa /Washington area, against including a 5% increase to turn to a financially stable condi- and Dr. Charles Hathaway oppos- during the last term, were in viola- far from the oppressed Chero- the ceiling where Council could later Last term, Cherokee Nation Indus- tion once again. Council has a long ing him as a valid candidate. tion of Nepotism laws yet the court kee back in the hills of the na- increase the dividend from gaming. tries, (CNI) invested approximately history of bailing out CNI after mis- or Attorney General would do noth- tion did Smith fare well. Voters Carson told Councilors they needed $3 million from a BIA insured loan management drives them into fi- Anglen ran again on Smith’s slate ing. This term they have become within these Northwestern dis- to keep the dividend where it is to in a business named Global Energy nancial disaster. However this time but in the 2007 election the slate even more unconscionable to abol- tricts also elected Smith spon- get the best deal from Bank of Group, (GEG), a company who had CNB injected more gaming profits coined themselves as “Team Chero- ish laws that for decades have de- sored political slate members as America on the line of credit. Coun- a lease agreement on a patent for into the operation in one swipe than kee” a slogan which CNE has spent fined the crime of nepotism as be- their representatives including cil increased the amount CNB could 20 year old technology in air con- all of the historic bailouts combined. millions in advertising dollars to pro- ing so serious as to warrant removal Cobb, who is one of the newly draw out of the bank on top of all ditioners that supposedly saved on moting the casinos. from public office,” she said. seated Councilors on Smith’s other tribal debt yet froze the ceil- utility bills. GEG financials reported Cherokee Idling Solutions, (CIS), “Team Cherokee.” ing on the casino dividend for ser- only $200,000 in intangible assets, a battery company for semi trucks, Another “Team Cherokee,” candi- “From the corruption Councilors vices over the next six years. At last the value they gave to the patent was another high risk business ven- date, Deputy Chief Joe Grayson’s discovered last term throughout the Councilors opposing the measure check Bank of America holds nearly they did not own. In addition the ture where CNI officials invested son was also allegedly employed by corporate structure and the way the expressed concern because of the $100 million in CNO bank ac- financial structure of the company money from the BIA guaranteed CNE. Administration has built layers of hi- lack of oversight Council has to- counts. Any business negotiator presented $8 million in liabilities be loan. erarchy blocking Council from day to oversee the enormous job worth their salt should have no paid to the primary stockholders of Although Councilor for Mayes oversight of the finances, this leg- growth and unprecedented salaries problem getting the best deal pos- the company before any profits After spending $1 million Smith no- County Meredith Swimmer islation just opened the door for within the CNO especially within sible with that kind of deposit could be taken by CNI. tified CNI that he did not want to Frailey’s, son attempted to attain corruption throughout the employ- the casino gaming operations. power. pursue any further in that direction. employment within CNE last term, ment base. It is a bad indication of CNI purchased half interest in the However Majewski had other ideas allegedly he could never pass the what’s ahead. This legislation just Linda O’Leary, former Councilor Over the past few years many of company buying the stock from the and created his own Idling Solutions drug testing. Months afterward, he handed over our nation to “The for Delaware County and Chair of the top level employees from the primary stockholders personally Company in Louisiana along with was sentenced to prison on burglary Family,” O’Leary concluded. Executive and Finance stated, “With government side of CNO have rather than from the company his son, which is still in operation. charges. Since being released from almost a billion dollars a year going moved over to CNE employees where the capital went into those To date, no accounting books have the penitentiary he was recently ar- Any Councilor who was in a viola- through the operations of the CNO, where most enjoyed an increase in five peoples’ pockets rather than been found by CNI disclosing how rested again on burglary in Mayes tion of the Nepotism laws in place this Council has less oversight than salary with an additional annual bo- into operating capital for the busi- the million dollars was expended County but for some reason then prior to this revision, because a fam- ever before. Nepotism laws have nus, some as much as 100% of ness. Further, CNI mysteriously within the CIS venture. transported to the Cherokee County ily member was at that time em- historically prevented anyone from their annual salary. failed to purchase approximately jail. When Frailey was arraigned ployed within CNO or who was legally appointing family members 5% of remaining outstanding stock, Another business venture CNB before Associate District Judge benefiting from a contract with to key positions throughout the Allegedly Mike Miller, spokesperson just enough to allow the tribe to lose brought to the CNO was named Mark Dobbins, Cherokee Nation CNO at the time of taking their oath tribe and building a team of loyalist for the tribe, is an example of one controlling interest of the company. Cherokee Connex, a wireless attorneys argued that the case of office could be found to have for anything other than what is best who crossed over into the land of Last year a new investor bought the internet service. In April 2007 the should be remanded to Tribal Court. been improperly seated and if they for the Cherokee people,” she said. financial abundance. Although Miller remaining stock. When this oc- Council learned the tribe was set to Judge Dobbins questioned that the were still in violation at the time of is seen at every juncture speaking curred CNI breeched the guaran- lose $3.6 million after only two matter was an after former convic- this measure being voted on, would “Furthermore, the voice of an en- on behalf of the Chief on tribal af- teed loan agreement with the BIA, years in that venture. The tribe tion of a felony and that tribal courts have been conflicted to participate tire district could be blanked out if fairs, rather than being paid from leaving the tribe totally exposed to loaned outside partners $4 million only have punishments for misde- in the vote on this question. How- a family member of anyone on this the Chief’s tribal operations budget, the bank that held the note. but afterward found the market too meanors. Mysteriously the case was ever as you can see by the follow- Councilor is an employee of a de- Miller is paid from gaming money, sparse on customers. handed to the Cherokee Courts yet ing tally, all who were alleged to be partment or entity the question con- his salary ultimately reducing Net Several years ago Council approved the outcome is unknown. conflicted above, chose to partici- cerns. Anyone on this Council who Income and the dividend paid for acquiring the federally guaranteed The tribe’s outside partners pledged pate and most voted to approve the is in that situation would not be able services to the people. loan, that was earmarked for the re- personal guarantees of $2 million to Within this term, several of the legislation to legalize any current to cast a vote on such an issue. organization of CNI to protect the the Cherokees for their $4 million newly elected Councilors had fam- violation of the law. This legislation compromises the With no Council oversight the ca- employees jobs after a significant loan, $400,000 of which was paid ily members working for the Chero- objectivity that elected officials sino operation can theoretically le- bad inventory write off had put CNI in March of 2007, as agreed, kee Nation prior to the election. Ac- Legal argument could possibly be must enjoy to adequately represent gitimize spending whatever amount in a state of insolvency. The feder- Catcher, then still CEO of CNB, told cording to law at the time of taking made that this legislation was never our constituents and perform the the Board decides, thus lowering the ally insured money was never ap- Councilors. She said that another the oath of office in 2007, either legally approved because possibly fiduciary duty with which we are remainder of the Net Profit. Only proved for venture capital, espe- $1.6 million was due in July but it those family members were re- conflicted Councilors participated in entrusted,” O’Leary stated. 30% of the Net Income is returned cially investments in high risk ven- is not clear if that money was re- quired to resign their employment a vote that would abolish their con- to the tribe as dividend. ture company stock. In 2007, CNI ceived. The tribe has since backed with CNO or the elected person had flict yet no conflict was disclosed “This government is in place to pro- wrote off almost $6 million in loses. out of the venture. to resign from taking the oath. and their vote significantly affected vide services the Cherokee people. In 2007, when Council reviewed the CNI ended upside down financially the approval of the measure. We tell the federal government we 2006 budget they found that nearly insolvent, with GEG ending bank- The Cherokees remained in the part- Although the Cherokee Court pre- can serve Cherokees more effec- $38 million, that was available or rupt. nership until 2006, when the Chero- viously ruled that the Housing Au- The new Nepotism Law Section 5 tively and efficiently than either the earmarked for services, had not kees “did a workout arrangement thority of the Cherokee Nation, (20) (A) states: If an elected offi- state or federal systems can or will. been spent by the Administration. Seven Councilors filed criminal suit to get out of the business side of (HACN) is a State Agency and that cial has an immediate family mem- If we are not making every good This amount equaled the total divi- in federal court last year attempt- it,” Catcher told councilors. employees are not CNO employees, ber employed by the Cherokee Na- business decision possible to assure dend from all gaming operations for ing to recoup the Cherokee peoples’ Rex Jordon, who was working for tion or a Cherokee Nation instru- this, we are simply lying to get tax- 2005 and 2006 combined. money. However the case was dis- “Losses in Cherokee Connex were the HACN, was the only elected mentality, the employment of whom payer money. This legislation cre- missed by the federal judge who $1 million the first year and official’s family member who made is not otherwise prohibited by this ates enormous potential for corrup- In 2006, employee bonuses on top said the Council had no standing to $900,000 the second year,” Catcher an honest attempt to honor the law Act, such official shall disclose that tion building a system that con- of salaries within Cherokee Nation file the case. No evidence was ever said. by resigning his employment. Rex relationship prior to any vote or sumes the money in salaries to pref- Enterprises, (CNE) the casino op- examined by the court concerning is the husband of Tina Glory action involving the department or erential family members rather than eration, totaled $10 million. Many the alleged crimes naming Smith, “We’re out $3.6 million if we never Jordon, a newly elected Councilor instrumentality in which the relative increasing actual services. It is of the top level salaried employees Jim Majewski, then CEO of CNI see any more,” said O’Leary. “Also, for Cherokee County. is employed, except for votes taken counter productive to what the receive 80-100% of their salary as and Bennie Dixon, Business Direc- we were told it (Cherokee Connex) in the annual budgeting process, in CNO and the Council is supposed an annual bonus. CEO of CNE, tor for CNO. The judge concluded would put a lot of Cherokee people The following Councilors who ran open session, but excluding the to be doing for the Cherokee Dave Stewart is paid approximately that the only persons having stand- to work. This has been a defunct on Smith’s “Team Cherokee” may budget modifications. The Council people,” stated O’Leary. $150,000 annual salary plus 100% ing to file such a case would be the thing from the get go.” have been in violation of the law shall require, by a majority vote, the of that salary as an annual bonus. stock holders of the tribe or the upon taking the oath of office, be- disclosing Council member to re- Last year much debate was heard CNE Board members began voting Board who approved purchasing the Nepotism violations became bla- fore the nepotism law was cuse himself/herself should the about Council’s inability to deter- themselves bonuses last term, stock. The only stock holder within tantly obvious last term when amended. Council determine a conflict of in- mine how over two-thirds, $200 which are now near $50,000 a year. CNO corporations is the Chief and O’Leary filed suit against Buel terest exists. Failure to disclose million, of the $300 million in Gross Prior to Smith, Board Members the CNI Board is appointed by the Anglen, Councilor for Tulsa Wash- Harley Buzzard, of Delaware such relationship prior to action or Profit was expended within the were given a reasonable stipend and Chief. No further effort has been ington Counties, accusing him of County, allegedly had family mem- vote involving the department or in- gaming operation. Additionally the honor of being in such a posi- made to recoup any money although nepotism violations. However the bers including his son, working for strumentality may constitute will- many Councilors were distressed tion to help with business decisions all evidence was turned over to the Cherokee Court has failed to date CNO at the time of taking the oath ful neglect of duty and may result with how the new structure cre- for the Cherokee people. Board and the Attorney General, to rule in that case. O’Leary alleged yet they still remain employed. in removal of the Council member ated under the Smith administration Diane Hammons, who also serves that Anglen’s two daughters were pursuant to the laws and Constitu- usurped Council’s constitutional Councilors opposing the Cobb leg- in conflict on the Chief’s cabinet both employed by CNE one work- Charlie Soap continues employ- tion of the Cherokee Nation. responsibility of financial oversight islation were concerned that the as General Council. ing in the money counting rooms ment with CNO, although his son to watch all revenue within the casino operation could easily be- inside the Catoosa casino. Robin Chris Soap is now a seated Coun- An abstention is typically cast if a tribe. come flooded with elected officials’ Subsequently Senator Tom Coburn Mayes, a Chief candidate in 2003, cilor for Mayes County. However person feels they may be conflicted family members enjoying high paid was asked by Councilors to request questioned Anglen’s validity as a Soap did vote against the Cobb leg- to participate in the vote or they Smith created a new corporation salaries and bonuses with little that the Securities Exchange Commis- candidate by filing protest against islation. might abstain if they feel the mea- last term he named, Cherokee Na- could be done after the legislation sion, (SEC) investigate the matter. him during the protest window of sure is illegal or unconstitutional. An tion Businesses, (CNB) to oversee was passed. The SEC has since ordered GEG the 2007 election. Curt Snell, Councilor for Delaware abstention actually counts as a No all tribally owned business ventures. to restate their financial statements County, allegedly transferred own- Vote if a measure is not passed by Smith initially appointed Callie Because of Smith’s newly created disclosing improper stated assets in Mayes also presented the Commis- ership of his construction company at least a majority of the members Catcher, who also served as Trea- hierarchy with CNB positioned be- years past. GEG had misstated $12 sion undisputed proof that Anglen to his son. Snell is allegedly con- in attendance, as it is not a vote to surer of the CNO, as the CEO of tween the Council and the corpo- million of their net worth listing an was not living within the district tracting work on health clinics for approve the measure. CNB increasing her combined sal- rate moneys, Council can no longer exaggerated amount as good faith, when he was selected by Council the tribe and was one of the con- ary to approximately $180,000 an- determine much about the casino creating an inflated value on the to fill a vacated seat. Mayes pre- tractors on the Sequoyah Gymna- The vote to approve the legislation nually. Smith has since replaced operation other than what they hear company’s publicly traded stock. sented an affidavit to HUD from the sium. as recorded: Catcher with former Congressman during brief monthly reports to the SEC investigations are kept private Law and Justice Department of the Harley Buzzard Yes who enjoys an even a Council given by Stewart and until concluded so no damage is CNO who deposed Anglen. Rich- Cara Cowan Watts, from Rogers Curtis Snell Yes larger salary yet Catcher received Carson. done to a company if the investiga- ard Osburn assistant prosecutor for County, husband allegedly has be- Cara Cowan Watts Yes no decrease in pay. Allegedly tion determines innocence. Thus the the tribe stated emphatically that gun bidding on construction Buel Anglen Yes Carson’s wife was also initially Although CNB was established to Smith campaign was able to keep Anglen had lied to the previous Elec- projects solicited by the CNO. Julia Coates Yes hired as Carson’s assistant for near bring new business opportunities to the matter quite until after the 2007 tion Commission and Council about Meredith Swimmer Frailey Yes $60,000 per year. the Cherokee Nation and promote election. his residency. Julia Foster Coats was a CNO em- Jack Baker Yes job growth, to date the ventures ployee prior to the election organiz- Bradley Cobb Yes Carson seemed to be lining Coun- CNB has overseen have ended in An examination of the communi- The Election Commission ruled that ing classes Janell Lattimore Fullbright Yes cilors out in a recent Regular Coun- disastrous failures losing million of cation between the SEC and GEG nepotism would only become a throughout the USA. Allegedly her Don Garvin Yes cil meeting, that it is the CNB dollars while upper level positions that the SEC also demanded to be problem if Anglen was re-elected. position was converted to a con- Board’s responsibility to approve within the ventures and CNB en- made public discloses that much The Commission stated the law was tracted position with CNO where Joe Crittenden No the budgets and expenditures of the joyed enormous salaries and bo- of the Councilors’ suit hit the clear that if he was reelected either she continued to work through the Cherokee Nation owned corpora- Charles Hoskin, Jr No nuses. Today CNB employees al- bull’s eye. The SEC required this Anglen or his family members election and may still be enjoying David Thornton, Sr. No tions. However according to the most 50 people assessing new busi- would be required to resign. Al- discourse be posted online for the that financial gain. Chris Soap No Cherokee Constitution, the Council ness opportunities for the Chero- benefit of the public, which can though there was little doubt from Bill John Baker Abstain enjoys unbridled financial oversight kee Nation. be reviewed at: the evidence that Anglen had served O’Leary stated, “Supporting this Tina Glory Jordan Abstain authority within the government. http://www.sec.gov/cgi-bin/ the entire four year term since 2003 legislation is a direct violation of the Jodie Fishinghawk Abstain In the last few years Councilors un- browse-?company=global+ in violation of nepotism laws, the trust that Cherokee people grant to – Disclosing that she had family There has since been discussion covered much that explains where energy+group&CIK= Commission ruled that it was nec- elected officials. Before anyone en- involved. that CNB may be a violation of the much of the money is going. &filenum=&State=&SIC=&owner= essary for a Court to have found ters public service they need to de- The YES votes are from TEAM Council’s constitutional authority Throughout the corporate structure include&action=getcompany him guilty of the crime of nepotism cide if they honestly want to serve over appropriation power and over- of CNO, unprecedented salaries are CHEROKEE. sight responsibility of revenues being paid many with additional within the tribe. Yet nothing has bonuses each year, business ven- been filed to place the constitutional tures which reek of organized www.cherokeeobserver.org #/Wx3 'g 6 November/December 2007 2rkg 2hUje Cherokee Observer UKB’s Don Ade Comes Full Circle Troy Poteete attended the Daughters of the Confederacy The first statement Don Ade made a Civil Rights Officer, in Public Re- when he talked about his new posi- lations, assisting in planning and presentation of the Stan Watie tion as Executive Director of the designing new hospitals and health headstone in a full dress Confed- UKB Economic Development Au- centers, and many years as a Health erate Officer Uniform. Smith has thority (KEDA) was, “I have come Systems Administrator with Indian full circle.” He was referring to com- Health Service. appointed Poteete to the Su- ing back to Cherokee County to be Every experience he has had preme Court bench that would among the traditional Cherokee has prepared him for his current po- hear any appeal of the Cherokee people. This is after working and sition as Executive Director of the living across the United States with Keetoowah Economic Develop- Freedmen case. many people of many different tribes ment Authority (KEDA). “I am very for twenty-one years. Orphaned at passionate about my work. I have an early age, Ade was raised by his the drive and the determination. full blood traditional grandparents, That is far more important than any Ben and Agnes (Blossom, Salina , college degrees and contacts one OK ) Snell at Little Kansas. may have. After everything is said Cherokee was his first lan- and done, the credentials that I guage, in fact he ended up attend- earned in becoming a licensed and ing Oaks Mission School for two ordained minister have served to years for the purpose of learning to the youngest member of the Five Civi- keep me spiritually balanced and keep speak English. Then he returned to lized Tribes Inter-tribal Council that things in perspective,” said Ade. the public school system, but after went to Washington , D.C. in 1973 and One of Mr. Ade’s first as- flunking 9th grade because he would held a series of meetings with Presi- signments as Executive Director of the not attend school, he enrolled at dent Nixon’s Cabinet Secretaries along KEDA was to write a Business Plan Sequoyah High School . Don loved with Pat Nixon in the White House to and 10 year Economic Development Sequoyah so dearly it became his sec- move tribes toward self-determination. plan for the tribe. “My goal is to pro- ond home. “We told the government that we had mote the United Keetoowah Band of Troy Wayne Poteete loyally Several things happened at the right to make our own mistakes” Cherokees as a legitimate Entrepre- served as Assistant to Principal Sequoyah that changed Don’s life said Ade. Two years later, most likely neur and Competitor in the Business forever. “I had a flash of insight as I as a result of these meetings, Con- World. I want to leave this legacy: Chief Chad Smith who has now carried that hundred pound sack of gress passed the Indian Self Determi- Ensure that the UKBC takes backseat appointed Poteete to the Chero- potatoes up the stairs from the base- nation and Education Assistance Act. to no one in any social, economic, kee Supreme Court. ment to the kitchen. I realized that I Don Ade is a 32nd Degree political or legal venue. needed to pursue a formal education Mason, having earned his Master Another life changing event so I could earn a good living. That Mason’s degree in the Blue Lodge in occurred when Don Ade met the love Chief Smith's Tribal Council rub- perspective was life changing, as well Talihina , OK , and his 32nd degree in of his life at Sequoyah High School in ber stamps - "Team Cherokee" as the influence of my teacher, friend the McAlester Consistory Temple . a young lady named Shirlene Lewis. and mentor, Mr. Harold Jones. He held He takes pride in his Masonic work. They have been married for 43 years. confirmed Poteete to the bench. a Bachelor’s and Master’s Degree in “All but three of the signers of the Shirlene is also a retired Federal em- With only 4 years out of Law Speech and Hearing Pathology and Declaration of Independence were ployee (Dept. of Army) and a member School, with no real court trials he changed jobs to become a Speech Masons. I like their philosophy of of the Muscogee (Creek) Nation Na- and Hearing Pathology Professor at taking a good man and making a bet- tional Council. She was just re-elected in State, Federal or our Chero- NSU. After I left Sequoyah, I attended ter man of him. It is a constant life for a third term, this time for a four kee Supreme Court. NSU and followed in his footsteps long program of self improvement. It year term on the Council. She is just and earned my degree in Speech and teaches leadership and enables one as dedicated and devoted to her tribe Hearing Therapy,” said Ade. to establish valuable contacts,” said as Don is to his. The only real talent Mr. Poteete Ade was involved in several Ade. has is being a loyal servant to landmark events early in his career. Mr. Ade has worked devel- News Release Principal Chief Chad Smith. Will At age 22, Ade was primarily instru- oping youth and youth programs, as Contact: Marilyn Craig mental in establishing the first a member of the Haskell Board of Re- Poteete serve the Cherokee December 12, 2007 Muskogee County Schools Special gents, as a Speech and Hearing Thera- people & our Constitution, or (918) 456-6533 Education Cooperative Program. This pist, as a Budget and Accounting Ana- Chief Smith, only time will tell. involved nine schools. He was also lyst, in Health Quality Assurance, as

If you want to check out informa- Martin removed as editor in Cherokee tion about the Cherokee By Jennifer Garlesky • Staff Writer - Rocky Mountain Press North Carolina Histrorical Society, go the Office of the Special Trustee for American Indians Last week Eastern Band of the One Feather. Some Cherokee officials made the were critical of the chief and www.cherokeeobserver.org and FOR IMMEDIATE RELEASE Contact: Debby Pafel December 5, 2007 decision to remove The other tribal entities. (202) 208-4289 Cherokee One Feather click on CNO Historical Society The Office of the Special Trustee for Editor Joe Martin from his “This is retaliation by the newspaper position. chief’s office,” Saunooke Concern on Troy Poteete link. American Indians - Cautions Trust Account said. “Joe disagreed with Holders About Misleading Notifications “A memo notified Martin on the chief’s executive order.” Oct. 31 that he was being The Office of the Special Trustee account balances," said a On Oct. 1, Hicks issued an for American Indians (OST) spokesperson from the Trust transferred to manager of tribal day care and stating executive order to remove warns Individual Indian Monies Beneficiary Call Center (TBCC). his position is no longer the “Rants and Raves” (IIM) beneficiaries to use caution "People who wonder if they have available to him,” said Rob section from the if they are contacted about their funds in trust can call the TBCC Saunooke, Martin’s newspaper. The sudden accounts by private firms. OST and establish rights to their attorney. removal of the popular has become aware of firms accounts without paying fees." anonymous opinion column charging fees for account holder On Nov. 2, Martin received came after Hicks declared services that are free to IIM beneficiaries can call the another letter from the Tribal the column to be beneficiaries. TBCC to receive accurate and Finance Department saying slanderous. timely information and assistance that “due to lack of response, they consider his The chief’s decision upset OST is continually looking for about their accounts. There is no some tribal members who cost to the beneficiary to receive actions as resignation,” people who have funds in trust but Saunooke said. have said the order violated who do not have current contact assistance from the TBCC; even their freedom of speech information on file. There is more the phone call is toll free. Martin is currently on rights. The case went Beneficiaries with questions or Sam L. Still Named Editor of the Keetoowah News than $70 million in trust for over administrative leave. before tribal council 70,000 people whose concerns should call 1- 888-678- members last month and Martin’s sudden removal whereabouts are unknown 6836 from 7:00 a.m. to 6:00 p.m. council members upheld Sam L. Still has been named Still said, “My love for the from his position at the Hicks’ order. Editor of the Keetoowah News, the traditional Cherokee youth and elders (WAU). One business is charging Monday through Friday and 8:00 am to noon on Saturday. All times Eastern Band of tribal newspaper of the United is what brought me to work for the WAU individuals a fee and may Cherokee’s official Since then Martin has Keetoowah Band of Cherokee Indi- Keetoowah Cherokee tribe. Photo- noted are in the Mountain Time misrepresent the amount an newspaper is linked , criticized the Chief’s and ans in Oklahoma . Still comes to this graphing and working in the Chero- individual has in an account. Zone. position after serving as Director of kee communities, I have come to Saunooke claims, to his tribal council decision. He Another firm claimed Power of disagreement with has publicized his opinion the UKB Language, History and Cul- know and love the traditional Visit the OST website at ture Department for the past two Keetoowah Cherokee elders. I love Attorney status for several WAU Principal Chief Michell and was quoted in several years. to listen to them as they tell their sto- account holders and instructed www.doi.gov/ost for Hick’s executive order articles that appeared in the Still attended Bacone Col- ries and share their history with me. OST to forward all forms, information about IIM which called for the removal Asheville’s Citizen-Times. lege and graduated with an Associ- This has brought me closer documents and checks directly to beneficiary benefits and the of the newspaper’s ates’ Degree in Art before furthering to my language, culture, and heritage. Tribal officials cited the company. The Department of TBCC. anonymous opinion his education and graduating from I look forward to working as editor of section, “Rants and Raves.” Martin’s actions to justify his NSU with a Bachelor’s of Science in the tribal newspaper and highlighting Interior™ Solicitor has reviewed The mission of OST is to termination, Saunooke Print Management. Still has worked the accomplishments of Keetoowah that company™ paperwork and perform our fiduciary trust The section allowed readers to anonymously said. as a photographer and graphic spe- Cherokee youth, tribal members and does not recognize its validity. responsibilities to American offer opinions on any tribal cialist for a tribal newspaper and as a the Keetoowah Cherokee Elders.” Indian Tribes, individual Tribal officials said they issue, and there were often language and cultural specialist for 23 Still is married to Dama Still and has would not comment on years. He is the former Chairman of two daughters Tiffany Still and Tonya "These firms have not contracted Indians and Alaska natives by more than a dozen one-line Martin’s removal since it is the Youth and Culture Camp Asso- Russell. He also is the proud grandpa nor are they affiliated with OST incorporating a beneficiary submissions each week in ciation, Former Chairman for the CNO of three granddaughters. or the U.S. Government. focus and beneficiary a personnel issue. Living Treasures committee, Former Beneficiaries should not be led to participation while providing That is why it is essential for citizens to create their Vice Chairman for the Native Ameri- News Release believe they need to pay finder effective, competent can Graves Protection and Repatria- Contact: Marilyn Craig newspapers such as the Cherokee Observer..even after all tion Act and Former Chairman of the November 9, 2007 fees to receive their trust funds stewardship and management of our trials and tribulations we are still here after all of Language and Culture Committee. (918) 456-6533 nor that firms have access to their of trust assets. these years... We have been publishing 15 years. Check out back issues of the Cherokee Observer goto www.cherokeeobserver.org and click on the back issue link. 2rkg 2hUje Cherokee Observer November/December 2007 #h'wx3 7

Landfill used by Fayetteville fined $1 million for multiple violations

BY ADAM WALLWORTH Northwest Arkansas Times - Posted on Sunday, September 9, 2007

The company contracted by Fayetteville to handle the city’s garbage was fined more than $1 million for various violations, prompting city officials to wait and see.

“ Hopefully they’ll be able to work through their issues, “ said Gary Dumas, director of operations for the city.

Dumas said he is in contact with Indian Country Investments LLC, which was fined by the Cherokee Nation Environmental Protection Commission for several violations. Letter from Keetoowah Chief, George Wickliffe The company runs the landfill, which is owned by the Cherokee Nation, with which the city contracted in April to As Chief of the U n i t e d March, 2007 and less than 4% do, which include, but are not Government and the Cherokee run the city’s transfer station and transport the solid waste Keetoowah Band of Cherokee of the Cherokee Nation of limited to: 1. Prohibit Cherokee Nation of Oklahoma.” You will to a landfill in Oklahoma. Cherokee Nation of Oklahoma, Indians in Oklahoma , I am Oklahoma voters ratified the Freedmen from tribal citizenship, note that in addition, it is not in (CNO) was the only group to submit a bid. submitting the following decision that tribal citizens must voting and other rights; 2. the best interest of citizens of information to clarify the be of Indian descent. It should be Operate under a Constitution; 3. the United Keetoowah Band Dumas said the city has no liability for the waste once it is importance and relevant issues noted here that the Cherokee Amend A Constitution; 4. Hold (over 10,000 residents of delivered to the company. He said the city can void the of H.R. 2824. Despite what the Nation of Oklahoma ‘s “Supreme an election (except under a valid Northeastern Oklahoma ), as contract if the company is doing something illegal, but he Cherokee Nation is trying to say Court” is a new entity, authorized Constitution); 5. Remove Federal well. Most importantly, it is said he won’t make any recommendations until he knows about House Bill 2824, at no by the 1999/2003 Cherokee Approval from the Constitution; hoped that the distinguished more about the situation. point does this bill mention Nation Constitution, which has 6. Denying service to federally- members of Congress will find the audacity of Cherokee The company has 15 days from the issuance of the order “termination”. If the word not been approved by the recognized Native Americans Nation of Oklahoma to assume to request a hearing in the matter. The owner of the site termination was mentioned it Secretary of the Interior, and the within their service area using has 30 days to make his company’s case as to why it should would have devastating effect Cherokee Nation of Oklahoma Federal funds, who are not it can supersede Congress no not be held jointly liable and why penalties shouldn’t be on all tribes and could not be has removed its request for members of the Cherokee less then astonishing. While the assessed. supported. The United approval. That will be covered Nation; and, 7. Having Cherokee Nation of Oklahoma Keetoowah Band (UKB) is a later in this information. The above jurisdiction of Trust Lands which exists today only legally Dumas said he doesn’t expect any action will be taken until federally- recognized tribe, “Supreme Court” decision, are held in trust for a “Cherokee capable of administering the the company has a chance to respond. There are always receiving such status under the therefore, was mandated by a Tribe organized under the assets of the original Cherokee environmental inspections on landfills, and often times Oklahoma Indian Welfare Act Court which only exists under Oklahoma Indian Welfare Act Nation of Oklahoma, and to there are issues that need to be addressed, he said. (OIWA) by Congressional Act authority of a Constitution which (OIWA),” which the Cherokee service the original Dawes August 10, 1949 (60 Stat. has not been approved by the Nation is not. It should also be Enrollees, the United Jeannine Hale, administrator of environmental programs Keetoowah Band is for the Cherokee Nation, commented that the problems 976). Our tribal membership Secretary of the Interior, and is noted that the Bill calls for severe Congressionally recognized appear to only have been on site. consists of Cherokees ¼ degree therefore, illegal. In addition, the further scrutiny and monitoring blood or more, of whom 98% election (vote) deciding the tribal ensuring that Cherokee Nation of under the OIWA, as are other “ There is no evidence that any property beyond the landfill reside in our 14-county service status of the Cherokee Freedmen Oklahoma is not only in Oklahoma tribes. The Treaty of was adversely affected, “ Hale said. “ Also, there are area. This service area is was also held under an compliance with its treaty 1866 was negotiated to ensure groundwater monitoring wells at the landfill that are consistent with the boundaries unapproved, illegal Constitution, obligations, but all Federal the Indian tribes, originally from monitored regularly and they are not showing any problems. set out by the Treaty of 1833, as well as denied the vote of the Statutes which ‘govern its the Southeastern area of the “ with modifications by Cherokee Freedmen, mandated relations with the United States United States , were consistent subsequent treaties. For tribal by the policy supporting the Government.’ This stipulation is with the civil rights of black The company was fined for the following violations, which government and service Principal Chief’s Act. The beneficial to the United States , people enjoyed through the were taken from the order issued by the commission: purposes, this 14-county area language of the Bill does not as well as other Native American United States Constitution. The • For allowing the leachate pond to overflow on multiple is divided up into 9 districts, elaborate on the so-called ‘re- and Federally-recognized tribes so-called “Five Civilized occasions, the company was fined a total of $30, 000, which which were part of the instatement’ of the Cherokee which have been denied their Tribes” were the signers of this was the maximum allowable. Cherokee Nation of Oklahoma Freedmen for purposes of voting rights due to Cherokee Nation of treaty, and the mandates of the prior to its termination in 1906. in the June, 2007 election. In this Oklahoma illegally excluding them document do not affect the • For not adequately covering the site on certain occasions, The information backing the quasi-re-instatement, not only are from benefits and services by law. United Keetoowah Band of the company was penalized $125, 000. The maximum Status of the Freedmen is well- the Freedmen’s rights severely H.R. 2824 states in the last Cherokee Indians in Oklahoma allowable was $250, 000. documented through the Treaty restricted, but the injunction paragraph under “GAO Report , nor other tribes in the United of 1866, subsequent allowing them this right specifies on Expenditure of Federal States other than the ‘five.’ • Violations regarding the concentration of methane gas amendments to the Cherokee “temporarily.” Therefore, even Funds” that, “The report shall Certainly, tribal governments resulted in a fine of $710, 000, which was the maximum have the legal right to determine allowable. Nation of Oklahoma though the move appears to be include an analysis of Federal Constitution, and tribal beneficial and positive for the funds allocated by the Cherokee their own citizenship • For the use of a nonauthorized, unlined stormwater Allotment. In addition, it is Cherokee Freedmen, the issue is Nation of Oklahoma ‘s leadership requirements, IF these are not detention basin, the company was fined $200, 000. specifically stated in Bureau of clearly not resolved. Another for its member benefits and in conflict with treaties signed Indian Affairs’ policy that one issue is of grave concern. While services and for administrative between the United States and The company also faces $910, 000 in fines for accepting of the stipulations presented in the recent (June 23, 2007) and other purposes. The report the tribes. If a tribe is in conflict, industrial waste other than that produced in construction the Bellmon Act (commonly election held two days after the shall determine whether or not the there is no court in the land and demolition. The site has accepted such waste from known as the Principal Chief’s introduction of H.R. 2824 is Cherokee Nation of Oklahoma is which can abrogate the treaty. companies including Roll-Off, Tyson Foods and Mrs. Smith. Act) is that the Cherokee clearly illegal based on it being in full compliance with all Federal Only Congress can do so. Nation of Oklahoma’s voter held under an illegal and regulations and laws regarding the The commission issued a compliance schedule and Group opposes Cherokee qualifications ‘must be broad unapproved Constitution, the management and disbursement of requested an update from the company at the group’s next termination measure enough to include the enrolled election ballot contained a Federal funds.” It is hoped this meeting. Muskogee Phoenix freedman citizens of the referendum ‘affirming a will allow the thousands of Calls made to the local office of Indian Country Investments, respective nations, together with Constitutional amendment.’ The members of the federally- Cherokee Nation Principal Chief (ICI) were not answered Friday. the descendants of such question on the ballot read, “Shall recognized United Keetoowah Chad Smith praised the National enrollees.” Due to the extensive the Cherokee people affirm the Band of Cherokee Indians, who Congress of American Indians Something to say about this topic? Submit a Letter to the clarity and documentation of removal of the requirement of are not members of the Cherokee for unanimously passing a Editor online at http://nwanews.com/nwat/News/56979/ resolution opposing H.R. 2824, these Federal Government federal approval for the Nation of Oklahoma receive letter/ a U.S. House bill that retaliates agreements and policies, they Constitution of amendments to services through their own tribal against the Cherokee people for Editor Note: As of the printing of this Observer in will not be further dwelt upon in the Constitution, by enactment of government, which has the same voting to limit citizenship to those November, none of the fines have been paid, the landfill this information. The other the following: “A Constitution of jurisdictional area Cherokee with ancestors on the Dawes has been closed and ICI has moved all of their equipment issues listed in the House Bill are amendment shall not require Nation of Oklahoma claims. Until Rolls, the 1906 federal census off of any property belonging to the Cherokee Nation. far more unfamiliar to those approval of the United States of this point, Cherokee Nation of list of the Cherokee people. The March 2007 tribal measure, Because none of the ICI owners were Cherokee citizens unattached from the issue, and America ?” Campaign and Oklahoma has successful and which passed by 77 percent, the question remains if CNO has any authority to actually are very complex. For that promotional material proclaimed illegally blocked funding to the disenrolled about 2,800 collect any of the fines from or enforce any ruling by a tribal reason, this concise supporting the Cherokee Nation of United Keetoowah Band, and Freedmen descendants who had entity on non-tribal members. Since the closure of the CNO information is made available. In Oklahoma “voluntarily’ placed OIWA-organized tribe, with an been citizens in the tribe for landfill the tribe has been subsidizing the refuge from a December 19, 2006 ruling in this approval process on its 1975 erroneous claim of dual- about a year due to a Cherokee Fayetteville to be hauled to the Tontitown, AR landfill at an Vann v Kempthorne, the United Constitution, and called it ‘self- enrollment and doubleservicing. It Nation Supreme Court ruling that allowed citizenship for approximate additional cost to the tribe of $2,500 daily. Stated District Court of imposed.’ Historic information is hoped this information imparts descendants of people listed on Although it was discovered by Council that the contract Columbia denied the Cherokee begs to differ. Cherokee Nation a deeper understanding of the the Dawes Rolls as non-Indians. between the tribe and Fayetteville had been signed by Doug Nation of Oklahoma’s Motion of Oklahoma government was claim made on page 8 of H.R. Baine, the manager of the landfill, who did not have any to Dismiss. Cherokee Nation of terminated in the years 2824, that “The manner in which The bill would sever U.S.- contract authority, the tribe has continued to honor the Oklahoma used its own immediately preceding Oklahoma the Cherokee Nation of Cherokee relations and cut nearly $300 million in federal contract. Should the tribe breech their side the only ‘Supreme Court’ to overturn Statehood. The final Act, (March Oklahoma is conducting the funding for the tribe. Litigation specified damages within the contract is the forfeiture of a this outcome. This was 1, 1901, Fifty-sixth Congress, relationship between the United $100,000 ICI bond and the companies trucking equipment. over Freedmen citizenship issues accomplished by the Supreme Session II, Chap 675, “An Act States and the tribal entity is not continues in federal and tribal In a recent Cherokee Council meeting, Councilors Court justices ruling in a 3-2 to Ratify and Confirm an in the best interest of the United courts. Until all litigation is questioned why the tribe would continue footing the bill decision that the Cherokee Agreement withnations, an Act of States Government, citizens of the resolved, the approximately on an invalid contract with such extreme daily losses if Nation of Oklahoma could hold Congress is the only legal measure Cherokee Nation of Oklahoma, 2,800 Freedmen descendants breech only affected ICI who had in effect filled up the $3 a vote on the tribal status of the which can accomplish the and violates existing treaties and have been reinstated to million cell while not building a new one as agreed making citizenship in the Nation with full Cherokee Freedmen. The changes Cherokee Nation of laws governing the relationship it impossible for the tribe to complete the six year contract? social services and the right to subsequent vote was held in Oklahoma has illegally moved to between the United States Brad Carson, CEO of Cherokee Nation Businesses said, vote. “We want to be good neighbors.” http://www.cherokeecourts.com #/Wx3 'g 8 November/December 2007 2rkg 2hUje Cherokee Observer

Article V. Distribution of Powers The powers of the government of the Cherokee Nation shall be divided Cherokee Nation of Oklahoma into three (3) separate branches: Legislative, Executive and Judicial; Cherokee People "If this is the current operat- and except as provided in this Constitution, the Legislative, Executive ing structure of the Chero- and Judicial branches of government shall be separate and distinct and Constitution kee Nation of Oklahoma, it no branch shall exercise the powers properly belonging to either is unconstitutional" of the others.

Executive Legislative Judicial Branch Branch Branch

Representative's of the Cherokee People Chief Smith & Chief Justice "Team Cherokee" believe they are the Cherokee Nation and the Cherokee people are not! Chief Chad Smith Deputy Chief Joe Grayson Jr Bill John Baker S. Joe Crittenden It appears Chief Smith has direct control of the Judicial Branch & Legislative Branch by "Team Cherokee" Justice Darrell Dowty Chief Justice Justice James Jusitce Kyle B. Justice Troy Darell R. G. Wilcoxen Haskins Poteete Matlock ? Tina Glory Jordan David W. Thornton Sr

Chief Smith's Slate "Team Cherokee" Justice

Chuck Hoskin Jr

Jusitce Meredith Frailey (S) Cara Cowan Watts (S) Bradley Cobb (S)

Article VI. Legislative Article XI. Removal From "Their Section 7. The Council shall Office Justice Don Garyin (S) Harley Buzzard (S) Julia Coates (S) have the power to establish Section 1. The Principal Chief, Actions laws which it shall deem Deputy Principal Chief, members necessary and proper for the of the Council, Attorney General Speak good of the Nation, which and Marshal shall be subject to shall not be contrary to the removal from office for willful Louder provisions of this neglect of duty, corruption in Constitution. The style of all office, habitual drunkenness, Than Their bills shall be: “Be It Enacted By incompetency or any petition shall be filed with the The Cherokee Nation”. The conviction of a felony, or a Election Commission to Janelle Fullbright (S) Curtis G. Snell (S) Jack 0. Baker (S) Words" style of all resolutions shall be crime under the laws of the determine whether the signatures “Be It Resolved By The Cherokee Nation that if are valid. Said determination shall Cherokee Nation”. committed in some other be made within thirty (30) days jurisdiction would be a felony, after the filing of same. Upon Section 8. No laws passed by or a misdemeanor involving verification of the requisite the Council shall have moral turpitude or offenses number of signatures the Election retroactive effect or against the Cherokee Nation Commission shall certify the operation. committed while in office. petition as valid and notify the [retro-ac-tive (re'tro ak'tiv) adj. Council and the Secretary of Buel Anglen (S) Jodie Fishinghawk Chris Soap (S) having an effect on things that are Section 4. Separate from the State. already past.] Council’s removal powers, the Upon notification of a valid DISTRICT 1 Janelle Fullbright (S) People of the Cherokee certified petition the Council shall Bill John Baker Rt 1 Box 104 Nation reserve unto immediately call for and approve 3231 S Muskogee Sallisaw, OK 74955 Meredith Frailey (S) DISTRICT 9 themselves the exclusive a special recall election for the Tahlequah, OK 74464 Home: 918-775-3377 PO Box 699 Chuck Hoskin Jr Home: 918-456-8228 Cell: 918-315-0583 Locust Grove, OK 74352 218 S. 4th Street power to recall any elected office in question within sixty (60) Cell: 918-453-1720 Home: 918-479-2321 Vinita, OK 74301 3806 official through petition and days. The special recall election Fax: 918-458-9219 DISTRICT 4 Cell: 918-453-1572 Home: 918-256-8979 recall referendum. A petition shall be limited in scope to the [email protected] Don Garyin (S) [email protected] Cell: 918-323-5411 voting populous for the elected 1112 Sky View Orive chuck-hoskin@cherokee@org must be signed by Cherokee Tina Glory Jordan Muskogee, OK 74403 DISTRICT 7 citizens registered to vote. In office in question. Votes casts 12272 W. 770 Road Home: 918-683-1118 Cara Cowan Watts (S) AT LARGE the case of Principal Chief or shall be tabulated and the results Hulbert, OK 74441 Cell: 918-616-3961 PO Box 2922 Jack 0. Baker (S) Deputy Principal Chief, signatures certified in the same manner as in Home: 918-772-3240 [email protected] Claremore, OK 74018 1102 Marlboro Lane Cell: 918-457-9207 Cell: 918-752-4342 Oklahoma City, OK 73116 must total a number equaling or general elections. A majority vote [email protected] DISTRICT 5 Fax: 918-341-3753 Home: 405-840-1377 exceeding fifteen percent (15%) to affirm the official shall retain the Harley Buzzard (S) [email protected] Cell: 918-457-9382 of the total number of registered official in office. A majority vote DISTRICT 2 8385 County Road 396 [email protected] S. Joe Crittenden Eucha, OK 74342 DISTRICT 8 voters in the previous general to recall shall immediately remove Rt 3 Box 2363 Home: 918-253-8665 Buel Anglen (S) Julia Coates (S) election. In the case of district the official from office. In the Stilwell, OK 74960 Cell: 918-353-3001 1831 S. Broadway St PO Box 1202 offices, signatures must total the event of a tie-vote the Council Home: 918-778-3404 [email protected] Skiatook, OK 74070 Woodland, CA 95776 [email protected] Home: 918-396-4017 Cell: 530-383-9396 greater of five hundred (500) or shall call a special meeting to Curtis G. Snell (S) Cell: 918-752-4339 Cell: 918-772-0288 twenty-five percent (25%) of the conduct a tie-breaking vote. Jodie Fishinghawk 55569 S, 550 Rd. Fax: 918-396-7998 [email protected] total number of registered voters Elected offices vacated under this 309 W. Locust St. Rose, OK 74364 [email protected] Stilwell, OK 74960 Home: 918-686-2800 in that district in the previous section shall be filled as otherwise Home: 918-696-2893 Cell: 918-232-0233 Bradley Cobb (S) general election. The signed provided in this Constitution. Cell: 918-207-6757 [email protected] PO Box 3351 [email protected] Bartlesville, OK 74006 (2) Revoked existing elected officials’ compensation laws in preparation to vote themselves another DISTRICT 6 Home: 918-333-3437 pay raise, discussing 75,000 annually and increasing the Chief’s salary to nearly $300,000 a year. DISTRICT 3 Chris Soap (S) Cell: 918-876-2353 What have they done for a 100% raise? David W. Thornton Sr 1130 SE 14th St. [email protected] PO Box 387 Pryor, OK 74361 So under Article VI. Legislative, Section 7. The Council shall have the power to establish Vian, OK 74962 Home: 918-825-1824 laws which it shall deem necessary and proper for the good of the Nation. So, team Home: 918-773-6067 Cell: 918-864-3007 Cherokee is in violation of our constitution [email protected] [email protected] Is it time to begin recall petitions? Subscribe to the Cherokee Observer Today! Keep up to date on what is going on in Cherokee Country, subscription info on page 3