Hembree concerned with potential tribal sovereignty threats

BY WILL CHAVEZ
Assistant Editor – @cp_wchavez
03/27/2014 08:17 AM
TAHLEQUAH, Okla. – Cherokee Nation Attorney General Todd Hembree told Tribal Councilors at the Feb. 27 Rules Committee meeting that two issues within the state could pose threats to tribal sovereignty.

Hembree said he and members of his staff on Feb. 26 joined Chickasaw Nation and Choctaw Nation representatives to meet with Steve Mullins, general counsel for Oklahoma Gov. Mary Fallin, to discuss “two major topics.”

One topic is a proposed rule change by the state’s Alcoholic Beverage Laws Enforcement Commission to require a limited waiver of sovereign immunity to any tribal casino that applies for a liquor license with the state, which the tribes oppose.

“There are many legal reasons that this cannot take place. This is an issue that Gov. Fallin is promoting. It was a very impressive sight to see the Cherokees, Choctaws and Chickasaws all at one table with a united voice on this matter,” Hembree said. “I do believe we got the governor’s attention in this matter, and whether it is through policy negotiation or through legal challenge, I don’t not believe the ABLE Commission will be able to go forward with this rule. We will engage them.”

The item was not listed on the ABLE Commission’s March 10 meeting agenda, according to the commission’s website. Commissioners tabled the item at its February meeting.

The other issue deals with Shawnee city officials giving notice to the Citizen Pottawatomie Tribe in central Oklahoma that they intend to begin collecting sales tax from Citizen Pottawatomie Tribe-owned businesses located within the city limits.

Hembree said he believes issues similar to this issue have already been litigated in the state court and the U.S. Supreme Court. The Governor’s Office and the state Attorney General’s Office “are contemplating weighing in” one the side of the city, he added.

“Obviously this is an issue that is of great importance for all Indian tribes in Oklahoma. The Choctaws, Chickasaws and Cherokees expressed our thoughts on this matter, and we stand ready to engage the city of Shawnee or the state of Oklahoma,” Hembree said.

The two issues, however, could be decided by current litigation in the U. S. Supreme Court involving a Michigan tribe, he said.

This past fall, the CN joined 11 tribes in support of the Bay Mills Indian Community and its lawsuit against Michigan. The state is at odds with the BMIC because it believes it can close the tribe’s casino because it is not on the tribe’s lands.

A federal judge agreed with the state and issued an injunction in 2011 ordering the casino closed. However, the 6th Circuit Court of Appeals threw out the judge’s injunction in late 2013.

“That (Supreme Court) decision could come in early April. My office is working on contingency plans depending on the severity (of the ruling). I think there will be some restriction of some sort,” Hembree said. “Depending on the tenor and wording of the United States Supreme Court decision, this tribe needs to be ready to act and act quickly to protect our sovereign immunity and our business rights.”

Hembree said after the Feb. 26 meeting between the Cherokee, Chickasaw and Choctaw nations and Oklahoma, he had a second meeting with state officials to discuss a hunting and fishing agreement.

“We have set up a series of meetings to exchange information and data to get that ball rolling,” he said.

Hembree also gave updates on litigation with the Department of Interior regarding the United Keetoowah Band’s 2.03 acres on which its casino sits, as well as 76 acres, also in Tahlequah, the UKB wants in trust status. He said the land lawsuits are separate and will not be joined together.

The court case for the 2.03-acre tract will be heard on May 9 in the U.S. District Court, Northern District of Oklahoma in Tulsa.

Hembee said there has not been a briefing set for the 76-acre tract.

On Feb. 28, the CN filed an objection into the UKB’s intervention in the case for the 76-acre tract. Also, Hembree said the CN has managed to get a restraining order against putting that land in trust until the lawsuit is decided.

On Jan. 6, the Interior Board of Indian Appeals dismissed the CN’s appeal of a 2011 decision by the Bureau of Indian Affairs to allow the UKB to place the 76-acre parcel of land in trust. CN officials have said the UKB has no legal ground for trust land within the Nation’s 14-county jurisdiction.

On Jan. 13 the CN filed a complaint with the U.S. District Court, Northern District of Oklahoma against Interior officials.

In the complaint, the CN states the DOI’s dismissal of its appeal makes the 2011 decision by the DOI “final” and permits Secretary Sally Jewell to take the 76 acres into trust for the UKB.

For the Freedmen case in federal court, Hembree said oral arguments are to be heard on April 28 in the U.S. District Court for the District of Columbia.

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. He was named interim executive editor on Dec. 8, 2015, by the Cherokee Phoenix Editorial Board.
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. He was named interim executive editor on Dec. 8, 2015, by the Cherokee Phoenix Editorial Board.

News

BY ASSOCIATED PRESS
01/19/2017 10:00 AM
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BY WILL CHAVEZ
Assistant Editor – @cp_wchavez
01/18/2017 04:15 PM
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BY STAFF REPORTS
01/18/2017 04:00 PM
TAHLEQUAH, Okla. – More than 30 members of “The Association of Mary,” a Brazilian Christian organization, visited the Cherokee Nation on Jan. 3 to offer prayers for unity and peace in 2017. The group held a cultural and informational exchange with tribal officials. A representative from the association said prayers are offered daily for Indigenous populations in North and South America. Secretary of State Chuck Hoskin Jr. addressed the group and thanked them for traveling to learn firsthand about issues facing tribal citizens in America, including the protection of natural resources. “Now more than ever we should embrace an opportunity to bond with people of goodwill all over the world, people who are praying for our wellness and success,” Hoskin said. “They traveled thousands of miles to learn more about Indian issues, history and spirituality. Seeing this global support reinforces just how important and powerful unity can be.”
BY TRAVIS SNELL
Assistant Editor – @cp_tsnell
01/18/2017 01:15 PM
OKLAHOMA CITY – On Jan. 17, Cherokee Nation citizen and Dist. 86 Rep. Will Fourkiller refused to appear before the House of Representative’s committee that is investigating him and another state representative for sexual harassment claims. The Stilwell native said he would only speak to the Special Investigation Committee if the proceeding was open to the public. According to reports, the committee has been hearing from witnesses in only closed sessions. “Though uncertain of the precise allegation, I am certain I have nothing to hide,” Fourkiller told Rep. Josh Cockroft, R-Wanette, in a letter. Cockroft chairs the committee. “A confidential, closed-door proceeding does not provide the equitable forum to repair my character and reputation.” Fourkiller is under investigation for a sexual complaint lodged against him in April 2015 by a female high school page. “That was the extent of what I was told,” Fourkiller said on Jan. 17 of his 2015 meeting with a House attorney and an employee of the House chief clerk. “The page was not identified and I did not inquire. I denied anything improper but immediately shied away from my normal interaction and role with the page program for that week out of an abundance of caution.” According to the program, high schools students from the state server as pages for a week during regular legislative sessions and do interact with legislators. Fourkiller on Jan. 11 said he was made aware in 2015 that a page had indicated he had said something that made her uncomfortable and he had apologized. “I do not know what I did or said, but whatever it was I certainly didn’t mean to do it, and I apologized,” he said. He added that the 2015 incident is the only one that he was made aware of by House staff. The House has declined to release the complaint, citing personnel reasons. Cockroft on Jan. 17 defended the investigation and said making the committee meetings public would discourage wronged employees from coming forward. “The sole reason for holding these meetings in private is to protect the confidential information of victims and unelected witnesses — not to protect lawmakers,” he said. “In order to have a workplace where employees feel protected and valued, it is vital that we guard the privacy of those who make claims of harassment and discrimination.” Cockroft said the committee would make its findings public and that it could recommend the House take disciplinary action against a member, including up to expulsion. According to reports six Republicans and three Democrats comprise the committee. However, Democrats – Rep. David Perryman, Rep. Steve Kouplen and Rep. Meloyde Blancett – have refused to be involved because of the committee’s secrecy rules. The committee was formed in response to public outrage over a settlement paid to a fired legislative assistant who had accused Rep. Dan Kirby, R-Tulsa, of sexual harassment. The former assistant, Hollie Anne Bishop, complained the House fired her in November 2015 in retaliation for reporting Kirby had sexually harassed her. Former House Speaker Jeff Hickman approved the $44,500 settlement of her wrongful termination claim shortly before he left office. Officials said there was no financial settlement in the complaint against Fourkiller. Fourkiller said he and his family were leaning on God through the ordeal. “We have not lost faith. In fact, it is growing stronger. We know that God is good and at the end of all this there is something great waiting for us.” Fourkiller was first elected to the Dist. 86 seat in 2011. He was re-elected in 2013 and 2015. He also ran for principal chief of the CN in 2015, finishing third at 10.58 percent with 2,040 votes.
BY JAMI MURPHY
Senior Reporter – @cp_jmurphy
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BY ASSOCIATED PRESS
01/15/2017 10:00 AM
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