Tribal Councilor Chuck Hoskin Jr., left, stands with Deputy Chief Joe Crittenden, right, as Principal Chief Bill John Baker signs his first piece of legislation, the Cherokee Nation Corporation Health Dividend Act of 2011. This bill increases the percentage of the profits the tribe directly receives from its for-profit corporations, from 30 percent to 35 percent, with the additional 5 percent earmarked for contract health services across the Cherokee Nation’s 14-county jurisdiction. TESINA JACKSON/CHEROKEE PHOENIX

Council increases CNB dividend for contract health care

This map shows contract health service delivery areas for Native Americans living in Oklahoma. MAP COURTESY OF INDIAN HEALTH SERVICES OFFICE OF PLANNING AND PARTNERSHIP DEVELOPMENT
This map shows contract health service delivery areas for Native Americans living in Oklahoma. MAP COURTESY OF INDIAN HEALTH SERVICES OFFICE OF PLANNING AND PARTNERSHIP DEVELOPMENT
BY WILL CHAVEZ
Senior Reporter
11/21/2011 11:09 AM
TAHLEQUAH, Okla. – Principal Chief Bill John Baker signed into law on Nov. 21 the Corporation Health Dividend Act of 2011, which adds 5 percent to the 30 percent dividend that Cherokee Nation Businesses provides to the Nation for health care needs.

According to the act, the additional 5 percent will be “set aside exclusively for contract health services” for CN citizens. The act also states funds “shall be expended to Cherokee Nation citizens who reside anywhere” within the CN’s 14-county jurisdictional area.

“Our people should be pleased with this,” Baker said. “This will go a long way to making sure the health needs of the Cherokee people across our 14 counties are being met.”

Baker originally sponsored the legislation when he was on the Tribal Council. Councilor Chuck Hoskin Jr., a current sponsor, said it’s estimated that the legislation would yield $5 million for health care services including, but not limited to, eyeglasses, dentures, prosthesis, cancer treatments and hearing aids “provided the amount of increase over the current 30 percent is conditioned upon CNB remaining in compliance with the financial covenants of any credit agreement and guaranty.”

Councilors passed the act Nov. 14 by an 11-4 vote with Councilors Jack Baker, Julia Coates, Lee Keener and Cara Cowan Watts voting against it.
Before the vote, Cowan Watts requested a friendly amendment to the act clarifying that the dividend increase would only come from “for profit” corporations and not nonprofits such as the Cherokee Heritage Center.

Her amendment request, which was accepted, was part of a larger amendment request sponsored by her, Buel Anglen and Keener. Keener requested that the additional dividend funds be set aside exclusively for in-patient and out-patient contract health services as defined by tribal Health Service policy for CN citizens living within the jurisdiction who are not currently served by contract health services.

Keener also asked that Health Services monitor contract health services at Claremore Indian Hospital, Miami Clinic and Muscogee Creek Nation clinics to ensure CN citizens are not being denied solely because of the new dividend funding.

“I want to ensure that those that qualify for any help will get it,” Keener said. “I just want to ensure that whoever gets the (dividend) money will be a Cherokee citizen.”

Hoskin rejected Keener’s request because he said some of its content is already in the dividend legislation, and the request limited health coverage for citizens.

“I don’t accept because it starts to draw lines. Even though the federal government has compelled us to draw some lines, I don’t think we need to be in the business of drawing lines,” Hoskin said. ‘I think we have mechanisms in place that Cherokee citizens get this money whether they live in Craig County or they live in Cherokee County. I think the legislation as written will do that.”

Cowan Watts said the contract health services issue is a difficult one because of a lack of funding. Contract health services are specialty services such as cancer treatments, heart surgeries or advanced diabetic care provided outside an Indian Health Service-funded facility.

She added that it was suggested in committee that CNB provide an additional 10 percent rather than 5 percent to fund contract health care, but that suggestion was rejected.

“I think it falls short as it’s written today. It’s even more grievous when we’re looking at serving 14 counties under the existing structure of contract health services,” Cowan Watts said.

Before the meeting, she provided a letter that Claremore Indian Hospital gives to patients inquiring about contract health care. In it, written by hospital CEO James Cussen, patients are informed that northeastern Oklahoma has varied contract health service areas, and each area has established different contract health priorities. Also, eligible patients must use the clinic or hospital assigned to the county they live in for their contract health requests, the letter states.

The act became affective with Baker’s signature.

will-chavez@cherokee.org • 918-207-3961


About the Author
Will lives in Tahlequah, Okla., but calls Marble City, Okla., his hometown. He is Cherokee and San Felipe Pueblo and grew up learning the Cherokee language, traditions and culture from his Cherokee mother and family. He also appreciates his father’s Pueblo culture and when possible attends annual traditional dances held on the San Felipe Reservation near Albuquerque, N.M.

He enjoys studying and writing about Cherokee history and culture and writing stories about Cherokee veterans. For Will, the most enjoyable part of writing for the Cherokee Phoenix is having the opportunity to meet Cherokee people from all walks of life.
He earned a mass communications degree in 1993 from Northeastern State University with minors in marketing and psychology. He is a member of the Native American Journalists Association.

Will has worked in the newspaper and public relations field for 20 years. He has performed public relations work for the Cherokee Nation and has been a reporter and a photographer for the Cherokee Phoenix for more than 18 years.
WILL-CHAVEZ@cherokee.org • 918-207-3961
Will lives in Tahlequah, Okla., but calls Marble City, Okla., his hometown. He is Cherokee and San Felipe Pueblo and grew up learning the Cherokee language, traditions and culture from his Cherokee mother and family. He also appreciates his father’s Pueblo culture and when possible attends annual traditional dances held on the San Felipe Reservation near Albuquerque, N.M. He enjoys studying and writing about Cherokee history and culture and writing stories about Cherokee veterans. For Will, the most enjoyable part of writing for the Cherokee Phoenix is having the opportunity to meet Cherokee people from all walks of life. He earned a mass communications degree in 1993 from Northeastern State University with minors in marketing and psychology. He is a member of the Native American Journalists Association. Will has worked in the newspaper and public relations field for 20 years. He has performed public relations work for the Cherokee Nation and has been a reporter and a photographer for the Cherokee Phoenix for more than 18 years.

Council

BY STACIE GUTHRIE
Reporter
12/17/2014 12:48 PM
TAHLEQUAH, Okla. – At its Dec. 15 meeting, the Tribal Council unanimously amended the tribe’s fiscal year 2015 comprehensive operating and capital budgets. The operating budget increased to $622.9 million from $615.4 million. The extra funds came from FY 2014 carryover funds. The $7.5 million is to provide $2.1 million to operate the Ochelata Health Center and add new jobs, while $2.4 million will add employees at other CN health facilities. The CN health center in Bartlesville will move from its 5,000-square-foot space to a new 28,000-square-foot stand-alone facility in Ochelata. Approximately $2.7 million will be allocated to additional child care resources for CN citizens who meet income guidelines, and another $300,000 will go toward miscellaneous grants. “Providing Cherokee citizens with quality health care is the top priority of this body, and in order to achieve that goal we must ensure our health facilities employ staff that will meet the health needs of the citizens,” Tribal Councilor Tina Glory Jordan said. “We not only want to build first-class health care facilities, but we want to staff the facilities with first-class personnel. This increase in funds helps the Cherokee Nation work toward that goal.” The capital budget increased by $4.8 million to $124.5 million. The money is earmarked for medical equipment for the four new health centers, which are under construction. “Big, aesthetically pleasing health care facilities are only as good as the equipment and staff inside,” Tribal Councilor Janelle Fullbright said. “By increasing funding for staff and earmarking money for medical equipment, the Cherokee Nation is making it known the tribe is committed to the health of its citizens.” Officials also honored three Cherokee veterans with Cherokee Medals of Patriotism. Arthur “Watie” Bell, 80, of Claremore; Robert G. Ketcher, 72, of Stilwell; and Samuel W. O’Fields, 80, of Claremore, were all presented plaques and medals by Principal Chief Bill John Baker and Deputy Chief S. Joe Crittenden. Bell enlisted in the Navy in 1951 and was stationed at the Naval Air Station in Miramar-San Diego from 1951-53. While there his assignment was base security, which included roving patrols and brig force gate duty. He also trained guard dogs. Bell completed eight weeks of Airman Class P School in Norman in 1953 and reported to the USS Tarawa CV-40 where he was assigned to the aviation gasoline division. Bell maintained the inert gas room and refueling aircrafts on the flight and hanger decks. Bell made one cruise, which encircled the world and ended in October 1954. He was later released from active duty and returned to reserve status and was eventually discharged from the Navy in 1955. He then joined the Army Reserve and completed his eight years of military service. Bell was discharged from the Army in 1959. “This gentleman serves on our color guard, honor guard and does a great job and we’re so thankful for that,” Crittenden said. Ketcher enlisted in the Army in March 1966. In December 1966 he deployed to Vietnam where he became the 1st Calvary’s squad leader and fired 81mm mortar guns. While there Ketcher’s mission was to “search and destroy.” He was discharged in 1968. O’Fields enlisted in the Army in 1956. He completed seven weeks of basic training and specialty unit training in California. He was sent to Bamberg, Germany, and served in the Tactical Operations and Equipment unit, which was part of the Mortar Battery, 2nd Battalion Group, 29th Infantry. O’Fields’ rank was private first class when he was discharged in June 1962. Terry Crow, 47, of Tahlequah, was to be honored but was not able to attend. Crow enlisted in the Army in 1989. He served in Desert Storm in Iraq. Crow received a Bronze Star during his service and was discharged in 1992. During Cherokee Nation Businesses interim CEO Shawn Slaton’s monthly report, Tribal Councilor Lee Keener questioned Slaton about what would happen to the former American Woodmark building in Tahlequah that CNB purchased in 2012. The building was home to Cherokee Nation Industry employees who evaluated and repackaged televisions that had been returned to United States-based Wal-Mart stores. CNI had a two-year contract with Miami, Florida-based company TRG to repair and refurbish TVs for Wal-Mart. The contract ended Dec. 1. Slaton said employees were cleaning the site and he hoped to have something in the building as soon as possible. “We’re currently in the process of giving that a good scrub down and cleaning. (CNB Executive Vice President) Chuck Garrett’s group is actively searching for the next tenant. We’ve got two or three possibilities, one from Muskogee. We’re just trying to work those possibilities to see what we can land there.”
BY STAFF REPORTS
12/01/2014 02:54 PM
During the 6 p.m. Oct. 13, 2014 Tribal Council meeting, Councilors discussed: • A resolution authorizing the submission of an application to the U.S. Department of Health and Human Services for FY15 funding for Low Income Home Energy Assistance Program • A resolution confirming the nomination of T. Luke Barteaux as an Editorial Board member of the Cherokee Phoenix • A resolution confirming the nomination of Kendra Sue McGeady as an Editorial Board member of the Cherokee Phoenix ...and more. <a href="http://www.cherokeephoenix.org/Docs/2014/12/8710_Oct13_2014CouncilMinutes.pdf" target="_blank">Click here to read</a> the Oct. 13, 2014 meeting minutes. <a href="https://cherokee.legistar.com/DepartmentDetail.aspx?ID=3301&GUID=C557BD6A-E296-4A30-BF3E-2035FF8607CC&Mode=MainBody" target="_blank">Click here to view</a> the Oct. 13 Tribal Council meeting video.
BY JAMI MURPHY
Reporter
11/28/2014 12:00 PM
TAHLEQUAH, Okla. – The Tribal Council approved Cherokee Nation citizens Luke Barteaux and Kendra McGeady to the Cherokee Phoenix Editorial Board during its Oct. 13 meeting. Barteaux replaces board member Claryce Doyle, whose term ends October 2014. Under the Independent Press Act, Doyle’s term might have been a six-year term. Section 6 of Legislative Act 16-09 states “the terms of office of the Board members shall be six years.” In an opinion, Attorney General Todd Hembree addresses the discrepancy in the length of Doyle’s term after having a question presented to him by Secretary of State Chuck Hoskin Jr. The question asked was “Will Claryce Doyle’s term as Editorial Board Member of the Cherokee Phoenix end in October 2014?” According to Hembree’s opinion, “there is nothing ambiguous about the language used in the (Doyle’s) Resolution.” “Because there is no ambiguity in the language used by the Tribal Council, it is the opinion of the Attorney General that the resolution must be taken at face value; the body has expressed its intent in the language of the Resolution, and the Council must have intended the result that it dictated,” the opinion states. “The Attorney General cannot re-write the resolutions and acts passed by the Tribal Council, and the plain language of Resolution 04-12 leaves no room for interpretation or examination of legislative intent.” The opinion states that pursuant to the language in Doyle’s resolution, it expired in October 2014. “It is highly recommended in the future that the Tribal Council clearly delineate what office an appointee is filling in the resolution itself,” Hembree states. Barteaux, who will serve a six-year term as the principal chief’s appointment, passed by a 14-1-1 vote. Tribal Councilor Cara Cowan Watts voted against the nomination, while Tribal Councilor Julia Coates abstained. During the meeting, Cowan Watts said she could not support Barteaux because she did not think he met the journalism qualifications the Independent Press Act requires. Hoskin said the administration vetted the nominee. “I have to respectfully disagree with the council lady from Rogers County. In fact, Mr. Barteaux by any objective standards, meets the letter of the law that this council passed,” Hoskin Jr. said. “Very confident that he meets the qualifications.” The Phoenix requested vetting documents from Hoskin but was told no vetting documentation existed. Barteaux has a juris doctorate from the University of Tulsa and a bachelor’s degree in public affairs and administration from the University of Oklahoma. His work history includes being an editorial board member for the Family Law Section Practice Manual for the Oklahoma Bar Association. He also works as an attorney, as well as having worked for Cherokee Nation Enterprises from 2004-07 and in 2009. McGeady, the Tribal Council’s appointment who will serve a six-year term, also had her nomination questioned during the meeting. Cowan Watts said she did not think McGeady was qualified because McGeady has no management-level experience in journalism as required by the law. However, Tribal Councilor Tina Glory Jordan said she thinks McGeady meets requirements. “I feel that you’re very qualified. I feel that both the nominees were very qualified,” Glory Jordan said. McGeady is a graduate of NEO A&M College in Miami. She is presently the director of planning and development/marketing director for Home of Hope Inc. Her past employment includes working two stints at the Vinita Daily Journal as a reporter, as well as working as a secretary for Craig County Commissioners and a contract survey specialist for Grand Gateway. Her nomination passed with a vote of 13-2-1. Cowan Watts and Tribal Councilor Lee Keener voted no, while Coates abstained. Tribal Councilor Victoria Vazquez was absent. Coates said she was saddened that board member and At-Large CN citizen Jason Terrell, who McGeady replaces, wasn’t reappointed. Editorial Board Chairman John Shurr said the Phoenix has made great strides since 2000 and that he has high hopes for the two new board members. “My history with the Cherokee Phoenix Editorial Board predates its existence and, in fact, was a mechanism I developed as a way to protect the newspaper and its staff from political interference. I was asked in 1999 to contribute ideas to what became the Independent Press Act of 2000 and I figured an editorial board, initially made up of three people, would be a good wedge between tribal politics and our newspaper,” he said. “It won the prestigious Elias Boudinot Award from the Native American Journalists Association in 2001 and has held up well, so far. That same year we also won the General Excellence Award for newspapers publishing one to six times a year, and today we publish monthly, with more frequent updates on the Phoenix web site. We now have five editorial board members including two new ones, neither of whom I’ve met or had a conversation, but I have high hopes that they’ll help carry on the standards that the law mandates.”
BY STAFF REPORTS
11/17/2014 12:04 PM
TAHLEQUAH, Okla. – Federal Communications Commission Chairman Tom Wheeler recently named Cherokee Nation Tribal Councilor Frankie Hargis to the FCC-Native Nations Broadband Task Force. The 31-member task force is comprised of elected and appointed leaders from federally recognized Native tribes and officials from the FCC. A total of 20 tribes are represented on the task force. Established in 2011, the task force serves as an advisory board to the FCC by consulting on issues affecting Native people and promoting the development of broadband on tribal lands, including better access to high-speed Internet. “Much of the Cherokee Nation and Indian Country continue to have limited access to broadband,” Hargis, of Stilwell, said. “This task force has the critical mission of voicing the concerns of our Native people and helping close the gaps of broadband access, so that all Native people have equal opportunity to take full advantage of the benefits of broadband.” Task force members meet in person twice per year to discuss issues and voice concerns of the Native people, with one at the FCC in Washington, D.C., and the other abroad. Four teleconference meetings are held each year to supplement the semiannual in-person meetings. “We could not have a better representative than Councilor Hargis to voice the concerns of our underserved rural communities on this issue. Few understand the connection between broadband and rural economic development the way she does,” CN Secretary of State Chuck Hoskin Jr. said. Hargis will serve a three-year term on the task force. For more information on the task force, <a href="http://www.fcc.gov" target="_blank">www.fcc.gov</a>.
BY STACIE GUTHRIE
Reporter
11/17/2014 09:59 AM
TAHLEQUAH, Okla. – Following some debate, Tribal Councilors approved Lynn Burris as a justice of the Cherokee Nation’s Supreme Court at their Nov. 13 meeting. Tribal Councilor Julia Coates questioned Burris’s involvement with the tribe’s Employee Appeals Board and his brother Lyle’s serving on the EAB. “I believe he’s well qualified, but he has been serving on our Employee Appeals Board for several years at this point. We currently have some cases in front of the Supreme Court involving dismissals of employees, alleged illegal termination of employees that Mr. Burris has already ruled on as a member of the EAB that he will be potentially having a second opportunity to rule on as a justice of the Supreme Court,” she said. “In addition, he’s got a brother who continues to serve on the Employee Appeals Board, and it’s not inconceivable that there will be additional cases of this kind coming in front of the Supreme Court as there have been over these past several years. And I feel as though there are some things here that I’m very, very uncomfortable (with), again family relationships and conflicts that come forth.” Secretary of State Chuck Hoskin Jr. reiterated what Burris discussed at a Rules Committee meeting earlier in the day, saying Burris confirmed that his brother Lyle would resign if Burris were to receive approval. Hoskin said he has no doubt Burris would follow rules in place to recuse a judge. Tribal Councilor Cara Cowan Watts asked Hoskin if Burris was related to any elected officials, board members or constitutional appointees. Hoskin said Burris’s daughter, Amber George, sits on the Cherokee Nation Foundation board and his son-in-law, Buck George, sits on the Cherokee Nation Businesses board of directors. Coates asked if Burris would recuse himself from cases involving CNB, CNF or the EAB. “If we do have assurances that Mr. Burris will recuse himself from cases involving CNB, involving CNF and involving any that are coming up from the EAB, and if his brother is going to resign from the EAB, then I too will feel comfortable,” she said. Hoskin said he could not speak for Burris regarding possible cases but that Burris gave his assurance “that he’ll recuse himself when the ethics of being a judge require that.” “I’m not going to speak for Mr. Burris. I’m not going to speculate on cases. No judge would speculate on a case that might come before them,” Hoskin said. “You have my assurance that he will adhere to the standards of judicial conduct. You have my assurances that his brother has indicated that he will resign. That’s the extent that I can address that.” Tribal Councilor Speaker Tina Glory Jordan said Burris’ 39 years of practicing law would make him the most experienced justice on the court. “If confirmed tonight, he will become our most experienced judicial appointment today, so I will be supporting him,” she said. “He’s very well aware of the rules on when he needs to recuse and when he does not need to recuse. This is not a gentleman that’s going into it with a lack of experience.” Burris replaces Chief Justice Darrell Dowty. Burris is a former United Keetoowah Band Supreme Court justice, federal magistrate, associate district judge and assistant district attorney. His nomination passed unanimously with Tribal Councilor Jodie Fishinghawk absent. The Tribal Council also approved Maxie Thompson to the Cherokee Phoenix Editorial Board by a 13-3 vote with Tribal Councilors Cowan Watts, Coates and Lee Keener opposing. Cowan Watts said she would not vote for Thompson because he wasn’t qualified. “I have nothing against you. I simply believe that the law states, or the Independent Press Act, that you would require a journalism degree and work in administration of a journal or newspaper, and I just simply do not think that you’re a fit for the Editorial Board according to the law which is why I will be voting no this evening,” she said. Tribal Councilor Janelle Fullbright said the position that Thompson was being appointed for was not for a person with a background in journalism. “I think he’s highly qualified for this position,” she said. “This is a position that is for a lay person. This is a vacancy for a lay person, not a journalist. So we have a division of opinion here as to what vacancy he is filling. He is highly qualified as an ordinary person. Everybody that is on the Editorial Board does not have to be journalists. This position that we’re filling tonight is for a lay person.” Thompson is a former construction contractor who also served 16 years as a Cherokee County commissioner for Cherokee County. He is now retired. He replaces former board member Keith Austin, who was appointed in April 2013. His term will end on April 1, 2019, according to the resolution. Councilors also approved the transfer of trust land in Sequoyah County to CN citizen Charles Stilwell, with some legislators raising concerns. According to the resolution, the CN has “established the Malloy Hollow housing subdivision on a part of this acquired property in Adair County. Cherokee Nation desires to transfer a tract of Trust land adjoining the Malloy Hollow housing subdivision in fee status to Charles Stilwell, a Cherokee Nation citizen. The 1.23 acre tract lies along the northwestern boundary of Tract 8 in the Malloy Hollow subdivision.” “I’m not going to vote no on it, but I am going to abstain because I’m hoping that some of the smart guys down at the other end of the building can figure out how to trade this type of property, somehow someway,” Tribal Councilor Dick Lay said. “We’re doing it in other areas. Of course, it’s kind of time consuming. If we trade the property and bring it to say Tahlequah and give this property to this gentleman I think that would have been a better way to do it.” The resolution passed 12-0-4 with Tribal Councilors Lay, Cowan Watts, Keener and Don Garvin abstaining. Councilors also approved the CN Housing Rehabilitation Program to donate surplus real estate, including a replacement home, to Susan L. Brown in Sequoyah County. The resolution passed unanimously. Legislators also reappointed Michael Watkins, Buck Charles George, Harold “Sam” Ray Hart, Gary Cooper, Jerry Holderby and Deacon Turner to the CNB board of directors for three-year terms. However, Bob Berry’s reappointment to the board met resistance from Cowan Watts. “So Mr. Berry was involved, or part of, the purchase of the golf course and the farm land here in Tahlequah,” she said. “Even though he abstained from that vote on the board I still see it has a pretty significant conflict of interest, an $8.5 million purchase and there’s other things that I don’t favor in terms of conflict of interest. So that’s why I won’t be supporting Mr. Berry, even though I appreciate your service.” Fullbright responded by saying Berry clarified he wanted no part of that transaction. “First off, I want to clarify that in this transaction he made it very clear that he had no interest whatsoever in the raw property and he was a minority holder of the…Cherry Springs Golf Clubhouse,” Fullbright said. “So whether he really wanted to sell it or not sell it, since he was a minority in it, he really had no say so over it whatsoever. He is one of our very best board members.” The nomination passed 13-3 with Cowan Watts, Keener and Coates opposing. Comments also surfaced when it came to Brent Taylor’s reappointment to the CNB board. Cowan Watts said although she believes Taylor is diligent at his position she could not support his reappointment because he is married to Tribal Councilor Janees Taylor. “I don’t want to take away from that, but the reality is your wife sits on council, and although the attorney general has cleared that as not a conflict of interest I think it’s something that we can’t work around, so I can’t in good conscience with my individual vote on council support both her being on council and you being on the businesses board,” she said. His nomination passed 12-3-1 with Cowan Watts, Keener and Coates opposing. Janees Taylor abstained.
BY STAFF REPORTS
11/03/2014 03:06 PM
During the 6 p.m. Sept. 15, 2014 Tribal Council meeting, Councilors discussed: • A resolution authorizing the Cherokee Nation to become a member of the National Congress of American Indians and to appoint the tribal delegate and alternates. • An act amending LA-04-14 the Cherokee Nation election code to address notary public issues and the return of absentee ballots. • A resolution authorizing the approval to submit a grant application to the U.S. Department of Energy regarding energy efficiency projects on indian lands. ...and more. <a href="http://www.cherokeephoenix.org/Docs/2014/11/8640_Sept.15_2014CouncilMinutes.pdf" target="_blank">Click here to read</a> the Sept. 15, 2014 meeting minutes. <a href="https://cherokee.legistar.com/DepartmentDetail.aspx?ID=3301&GUID=C557BD6A-E296-4A30-BF3E-2035FF8607CC&Mode=MainBody" target="_blank">Click here to view</a> the Sept. 15 Tribal Council meeting video.