Although at least two councilors alluded to potential legal action while debating the bill on Aug. 13, no one has filed suit in tribal court as of close of business Friday.

 

TAHLEQUAH, Okla. — A bill passed by the Cherokee Nation Tribal Council on Aug. 13 targeting non-Cherokee citizens in administrative positions will not be vetoed.

Despite a previous vow to veto the bill, Principal Chief Bill John Baker issued a statement Friday afternoon that he would not take any action on it, citing an opinion issued Aug. 10 by Attorney General Todd Hembree and assistant Attorney General Robert Garcia stating the bill violates two clauses of the tribe’s constitution, including the separation of powers clause.

“As the legislation passed requiring specific hires by the office of the chief is unconstitutional as determined by the nation's attorney general, I see no reason to sign it or veto it,” Chief Baker said. “If the Council cares to challenge the separation of powers and work to diminish the stature and independence of the executive branch, then courts are the proper recourse.”

Although at least two councilors alluded to potential legal action while debating the bill on Aug. 13, no one has filed suit in tribal court as of close of business Friday.

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.

According to the Cherokee Nation constitution, any bill not signed within five days of receipt in administration is automatically enacted. This legislation was enacted with an emergency clause, which means it goes into effect immediately, but will not be applied retroactively to existing contracts.

Of the five positions listed in the bill, four are within Baker’s administration. They are not specifically mentioned in the tribe’s constitution and are not subject to confirmation by the Tribal Council.

At the time of the bill’s passage, chief of staff was the only position staffed by a Cherokee Nation citizen, with Chuck Hoskin Sr., filling the post.

Until Friday, Kalyn Free, a citizen of the Choctaw Nation, was general counsel to the principal chief. In Baker’s statement, he announced Free voluntarily relinquished the title.

On Thursday, Amanda Clinton, director of communications for Cherokee Nation Businesses, replaced former Osage Nation chief Jim Gray as communications director. A Cherokee Nation citizen originally from Kenwood, Okla., Clinton will maintain her title with CNB while overseeing the tribe’s communications department.

A spokeswoman for Cherokee Nation confirmed Saturday night via e-mail that Gray is still executive director of government relations and Free is still under contract with Cherokee Nation and CNB. Free’s new title was not disclosed.

Free and Gray declined to comment on the legislation and Hoskin Sr. could not be reached.

The Cherokee Nation and CNB both employ Cherokee-preference in their hiring processes. As of Aug. 13, more than two-thirds of Cherokee Nation Businesses’ employees are Cherokee citizens.

CNB’s 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. Requests for comment from Slaton and CNB board chairman Sam Hart were not returned.

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

“Normally we do not step on hires made by the principal chief,” at-large council member Julia Coates said during debate at the Aug. 13 Tribal Council meeting. “However, I believe the positions described in this legislation should be held by citizens.”

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 Glory-Jordan, Joe Byrd, Meredith Frailey, Janelle Fullbright, Frankie Hargis, Chuck Hoskin Jr., Curtis Snell and David Walkingstick voted against it, with several citing constitutionality concerns.

“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.”

Despite a previous vow to veto the bill, Principal Chief Bill John Baker issued a statement Aug. 17 that he would not take any action on it.