The legislation targets five positions appointed by the Principal Chief.

 

TAHLEQUAH, Okla. – The Cherokee Nation Tribal Council passed legislation Monday night that will restrict several high profile tribal positions to Cherokee citizens.


Sponsored by council member Dick Lay of Ochelata, Okla., the legislation specifically targets five positions: chief executive officer of Cherokee Nation Businesses, general counsel to the principal chief, executive director of communications, executive director of government relations and chief of staff.

“Normally we do not step on hires made by the principal chief,” at-large council member Julia Coates said. “However, I believe the positions described in this legislation should be held by citizens.”

Among the five positions listed in the bill, only one – chief of staff Chuck Hoskin Sr. – is currently held by a Cherokee Nation citizen. Principal Chief Bill John Baker’s general counsel, Kalyn Free, is a citizen of the Choctaw Nation. Jim Gray, former chief of the Osage Nation, is the tribe’s executive director of communications and government relations.

Along with Coates and Lay, councilors Buel Anglen, Jack Baker, Cara Cowan Watts, Jodie Fishinghawk, Don Garvin, Lee Keener and David Thornton voted for the bill. Councilors Joe Byrd, Meredith Frailey, Tina Glory-Jordan, Janelle Fullbright, Frankie Hargis, Chuck Hoskin Jr., Curtis Snell and David Walkingstick voted against it.

The resolution now goes to Principal Chief Bill John Baker’s desk for signature. Once the legislation is received by the administration, he has five days to veto the bill or it will be automatically enacted. The bill was passed with an emergency clause, which means it will be effective immediately upon signature or the end of the five-day veto window, but will not be applied retroactively to current contracts.

“Bill John, this isn’t about you,” Fishinghawk said. “It isn’t about me. It’s about the Cherokee people.”

The Cherokee Nation and its economic arm, Cherokee Nation Businesses, both employ Cherokee-preference in their hiring processes. As of Monday, more than two-thirds of Cherokee Nation Businesses’ employees are Cherokee citizens.

Among the eight councilors who voted against the bill, several cited constitutionality concerns. On Friday, the tribe’s attorney general issued an opinion that the legislation violates two articles of Cherokee Nation constitution, including the separation of powers clause.

“I believe it (the bill) is unconstitutional, as the executive power is vested with the principal chief,” Frailey said. “It is within his realm to appoint, employ and nominate candidates he considers capable of performing key responsibilities.

“This act will set a precedent. If the Tribal Council requires administrative positions to be enrolled Cherokee Nation citizens, should we require the legislative branch to do that? The judicial branch? Our business entities? I understand and respect the intent behind this, but I disagree and think we are overreaching.”

Cherokee Nation Businesses’ board of directors is in the process of reviewing applications for a successor to former CEO David Stewart. Interim CEO and Executive Vice President Shawn Slaton is not a Cherokee Nation citizen.

As of the council’s last Rules Committee meeting on July 26, 225 applications had been received for the position, but according to Speaker Glory-Jordan, less than 10 were from Cherokee Nation citizens.

The four other positions listed in the legislation are within Bill John Baker’s administration. They are not specifically mentioned in the tribe’s constitution and are not subject to confirmation by the Tribal Council.