The Cherokee 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 Cherokee Nation 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 Chad Smith 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 Cherokees 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.