Freedom Of Information Act was first in Indian Country

BY TESINA JACKSON
Reporter
06/12/2014 10:30 AM
TAHLEQUAH, Okla. – The Cherokee Nation enacted its Freedom of Information and Rights of Privacy Act in 2001, becoming the first Federally recognized tribe to allow citizens access to public records of a public body. Governmental bodies in the United States, including some tribes, have similar laws governing the availability of information contained in public records.

“Native Americans have as much right as anybody else to get information from their government,” Kevin R. Kemper, former journalist and University of Arizona assistant professor of social and behavioral sciences, said. “When a tribe doesn’t have a freedom of information law, it’s extremely tough for journalists and the public.”

Kemper, who also serves as a Native American Journalists Association Legal Hotline intake liaison, said he believes strongly in freedom of information and tribal sovereignty.

“Each tribe needs to have the opportunity to have a freedom of information act, incorporate freedom of information as a way of helping the people,” he said.

According to the CN FOIA, a public record includes all books, papers, maps, photographs, cards, tapes, recordings or other documentary materials regardless of physical form or characteristics prepared, owned, used, in the possession of, or retained by a public body.

“The requirements under FOIA are that (a request) be in writing to the department with a specific request for the document you are requesting,” CN Attorney General Todd Hembree said. “The department will take it, the process is to have it reviewed by the Attorney General’s Office to see if it meets the requirements of FOIA, and we handle it according to process.”

However, Hembree said there are documents, such as meeting minutes of a public body, that don’t need a formal request.

Each department of the tribe’s executive and legislative branches, after receiving a records request, has 15 business days to fulfill the request. According to the act, if written notification of the response is neither mailed nor personally delivered to the person requesting the documents within the 15 days, the request must be considered denied and the requestor may appeal the denial.

After reviewing the CN FOIA, Joey Senat, Oklahoma State University School of Media & Strategic Communications associate professor, said if a record is obviously public information then the person handling it should know that.

“Anyone should be able to walk up and make a request right there,” Senat, who served on the Society of Professional Journalists Freedom of Information Committee, said. “If the law was written so it was effective, it would allow anyone in the tribe to walk up to a public agency and make a request for a record that’s with that agency or with that official.

“If the record is right there and it can be made a copy, it should be provided on the spot, under the ways our law is written,” he added. “Having a 15-day delay wouldn’t be acceptable under (Oklahoma) state law.”

Hembree said he hasn’t received any complaints about the current process so he assumes it’s working fine. However, he said his staff has been overwhelmed by an increase of requests that come from a select group of people.

“The purpose of the act ¬– and it’s a great purpose – is to make sure that citizens know how their government is run, know how their money is made, know how their money is spent and the system has worked greatly up until October 2011, at which time there had been a dramatic increase in the amount of FIOA (requests),” he said. “That’s always been my number one goal, people will have that right and I, for one, will never stand in the way of that right.”

But Senat said because the CN FOIA gives tribal citizens the right to know what their government does the costs and number of requests shouldn’t matter.

“God forbid that the citizens know what their government is doing and that they want to find out,” he said. “It costs too much and there’s an increase? Well God forbid that the public actually put into effect the statute that says they have a right to know. That’s the purpose of these statutes and people should put them into effect and make requests. That’s why they’re there.”

Senat added that a list of all record requests should also be a public record and anyone should be able to ask for it.

“It’s a way to provide a paper trail so that the public can judge how well their government is responding to records requests,” he said. “Every time they have gotten a request, that’s a record.”

What records are public?

Public records are documents or pieces of information that are not considered exempt or confidential. Under the CN FOIA, certain categories are specifically made public information, however the use of the information for commercial solicitation is prohibited.

Public information includes the names; sex; race; title and dates of employment of all employees of public bodies; administrative staff manuals and instructions to staff that affect a member of the public; final opinions; documents identifying persons confined in any jail, detention center or prison; statements and interpretations of policy; statute and the Constitution; written planning policies and goals and final planning decisions; final CN audits and of its subsidiaries; information in or taken from any account; voucher or contract dealing with the receipt or expenditure of public or other funds by public bodies; the minutes and votes of all proceedings of all public bodies; and reports that disclose the nature, substance and location of any crime or alleged crime reported as having been committed.

“Tribal people expect transparency and accountability from their leaders, and there are a lot of great leaders throughout Indian Country,” Kemper said. “The best leaders tend to recognize transparency.”

The Nation’s FOIA states that any person has a right to inspect and/or copy public records.

“That’s one of the problems with how it is written now,” Senat said of the tribal law. “It should say ‘have the right to inspect and copy.’ It shouldn’t say ‘or.’ You should have the right to inspect a record and make your own copy if it means with a pencil and paper, to write down what you’re reading. Even with technology today, with a cell phone, the simplest thing is to take a photograph of a document.”

Some record copying may require a fee

According to the act, a public body – which is any CN board, commission, agency, authority, any public or governmental body or political subdivision of the Nation, including any organization or agency supported in whole or in part by public funds – may establish and collect fees that do not exceed the actual cost of searching for or making copies of records.

However, records must be furnished at the lowest possible cost and be provided in a form that is both convenient and practical for use by the person requesting copies of the records concerned. Fees may not be charged for examination and review to determine if the documents are subject to disclosure.

Open meetings and their rules

According to Robert’s Rules of Order, an executive session is a meeting or portion of a meeting that is convened in private. Only members of the governing body are entitled to attend but they may invite others to stay at the pleasure of that board, council, committee or commission. A motion is required to go into executive session and a majority must approve it. Those present must maintain the confidentiality of the discussion.

The regular meeting minutes should indicate when the board went into an executive session, what the primary reason was, any formal decisions that were made in executive session and when the board, council, committee or commission came out of executive session.

Investments or other financial matters may be in executive session if disclosure of the deliberations or decisions would jeopardize the ability to implement a decision or to achieve investment objectives.

A record of the board or of its fiduciary agents that discloses deliberations about or a tentative or final decision on, investments or other financial matters is exempt from disclosure as long as its disclosure would jeopardize the ability to implement an investment decision or program or to achieve investment objectives.

The panel may discuss, deliberate on and make decisions on a portion of the annual investment plan or other related financial or investment matters in executive session if disclosure would jeopardize the ability to implement that portion of the plan or achieve investment objectives.

A record of the panel that discloses discussions, deliberations or decisions on portions of the annual investment plan or other related financial or investment matters is not a public record to the extent and so long as its disclosure would jeopardize the ability to implement that portion of the plan or achieve investment objectives.

Matters exempt from disclosure

A public body may, but is not required to, exempt from disclosure information of a personal nature that would constitute unreasonable invasion of personal privacy, trade secrets, records of law enforcement under investigation and documents to proposed contractual arrangements and proposed sales or purchase of property.

Specific, individual salaries are also exempt from disclosure but annual budgets contain position listings without names.

Senat said omitting salaries from the public eye is “fodder for corruption.”

“You can go down to OSU and you can ask to see what I get paid as a state employee,” he said. “There’s no way to figure out who’s getting paid what? The public is the employer. The tribal citizens are the employer. They’re the ones paying the bill. They should be entitled to know who’s being paid what specifically. It should be open because that’s one way to fight corruption. That opens it up to favoritism, political patronage, basic corruption.”

Information that would violate attorney-client relationships, the identity of the maker of a gift to a public body if the maker requests to be anonymous and the identity of an individual who makes a complaint, which alleges a violation or potential violation of law or regulation also may be exempt from disclosure.

Memoranda, correspondence and working papers in the possession of individual members of the executive and legislative branches or their immediate staff are exempt. However, nothing may be construed as limiting or restricting public access to source documents or records, factual data or summaries of factual data, papers, minutes or reports.

Other memoranda, correspondence, documents and working papers relative to efforts to attract business or industry to invest within the CN may be exempt from disclosure. However, any record that is requested and is exempt and not disclosed or is disclosed and marked confidential should have a statement explaining the reasons for that determination.

“It does has a lot of common exemptions,” Senat said. “This is a strength under the law where it says that if they’re going to deny it they have to explain why something is exempt. These statutes can be very strong, but if they’re not enforced they’re worthless.”

Photographs, signatures, addresses, race, weight, height, Social Security number and digitized images from a driver’s license or personal identification cards are also not considered public records.

“Some leaders keep things secret and that could violate the right of the people,” Kemper said. “You see a lot of that throughout Indian Country and the tribe will have to sort that out.”

Kemper added that he believes there are some understandable exceptions such as sacred knowledge.

“Every tribe’s culture is different, that’s why it’s important to create freedom of information that’s a cultural match,” he said.

Penalties for not providing records

Any CN citizen may look to the District Court for a declaratory judgment and injunctive relief in FOIA cases as long as the application is made not later than one year following the date on which the alleged violation occurs or one year after a public vote in public session.

The court may order equitable relief as it considers appropriate and a violation must be considered to be an irreparable injury for which no adequate remedy at law exists.

If a person or entity seeking such relief prevails, they may be awarded reasonable attorney fees and other costs of litigation. If they prevail in part, the court may award them reasonable attorney fees or an appropriate portion.

According to the act, any person or group of persons who willfully and maliciously violates the provisions of the FOIA may be found guilty of a crime and upon conviction shall be fine not more than $100 or imprisoned for not more than 30 days for the first offense. For the second offense, the fine shall not be more than $200 or imprisoned for not more than 60 days and shall not be fine more than $300 or imprisoned for not more than 90 days.

News

BY LINDSEY BARK
Staff Writer
08/25/2016 12:00 PM
TAHLEQUAH, Okla. – The Tribal Council’s Executive & Finance Committee unanimously passed the Cherokee Nation’s $934.2 million comprehensive budget for fiscal year 2017 during an Aug. 22 meeting. The comprehensive budget is a result of the operating budget, used for tribal expenses and expected costs, approved at $656.4 million plus the capital budget, which includes land purchases and construction of facilities and roads, approved at $277.7 million. The committee-approved FY 2017 comprehensive budget surpasses what the committee approved during the FY 2016 budget hearings by about $167.1 million. “To be more specific, this is the (Cherokee) Nation’s largest ever beginning-of-the-year budget,” Treasurer Lacey Horn said. In 2015, the committee approved the FY 2016 comprehensive budget for $767.1 million. Approximately, $647.7 million was for the operating budget and $119.4 million was for the capital budget. Horn said tribal revenue increased by $171.5 million as a result of a $160.5 million increase in Planning and Developments budget thanks to the tribe’s and Indian Health Services Joint Venture project at W.W. Hastings Hospital in Tahlequah. Horn added that the FY 2017 budget includes an added $2.3 million for the tribe’s Adair County landfill; a $5.9 million increase in financial operations as a result of the 2014 Contract Support Cost Settlement; a $2 million dollar increase for highway construction and roads; and $800,000 focused on service improvements and new programs. The focus on service improvements included increases for the Adult Language program at $145,000 because of the need for more Cherokee speakers; the hunting and fishing license service at $104,000 for the implementation of a new employee to solely operate the service. The tribe’s Educations Services budget also implements two initiatives that include an archery program with the Joe Thorton Archery Park at $30,000; education outreach at $30,000. Other departments that saw significant budget increases were the Cherokee Nation Gaming Commission at $177,000 for new employment and new fingerprinting units. The Information Technology department also received $318,000 for needed salary adjustments. The official 2017 budget will not be available until approved at the Sept. 12 Tribal Council meeting. For information on previous budgets and reports, visit <a href="http://www.cherokee.org/AboutTheNation/AnnualReports/BudgetAndFinancials.aspx" target="_blank">http://www.cherokee.org/AboutTheNation/AnnualReports/BudgetAndFinancials.aspx</a>.
BY STAFF REPORTS
08/24/2016 04:00 PM
TAHLEQUAH, Okla. – The second Tribal Film Festival will be held during Cherokee National Holiday in downtown Tahlequah to include more than 30 Native American films as well as a Native Pop art show. Founder and Executive Director Celia Xavier will host the festival. This year she’s partnered with Brent Learned of Native Pop, who will feature top Native Pop artists for a live art exhibit at 6 p.m. at the NSU Jazz Lab on Sept. 2 for the red carpet reception on opening night. The festival takes place Sept. 2-4 at the Dream Theater. Xavier said the festival saw great success in 2015 and expects to have more than 1,000 attendees during the three-day weekend. She added that this year’s festival will bring a “wide range of films and shorts,” and each one is indigenous with some being in their own language. Proceeds from the silent auction to be held during the red carpet event will be used to benefit the Student Filmmaking Bootcamp. Films and short films will begin screening at 2 p.m. on Sept. 3 and children’s movies will be on Sept. 4 beginning at 2 p.m. <strong>FILM LINEUP</strong> <strong>Sept. 3</strong> 2 p.m. We Eat Fish! 2:30 p.m. St’at’ic The Salmon People 2:45 p.m. Nowhere to Call Home 4:10 p.m. Blessed 4:40 p.m. What does God smell like 5 p.m. Gambling for the Future 5:15 p.m. Q&A with Director Alan O’hashi 5:30 p.m. Ode to a Mentor 5:35 p.m. Q&A with sculptor Eddie Morrison 5:45 p.m. Rod Pocowatchit 5:57 p.m. Miss Lady 6 p.m. The Price of Peace 8 p.m. Smoke That Travels 8:03 p.m. Native Evolution 8:15 p.m. One Who Talks with God 8:30 p.m. Reign of Terror Preview 8:40 p.m. Q&A with Mark Williams 8:50 p.m. Wait a While 9 p.m. Shiloh with Wes Nofire & Shy 9:30 p.m. Q&A with Mark Williams <strong>Sept. 4</strong> (Children’s movies from 2 p.m. to 3 p.m.) 2 p.m. Agrinoui The No Face Doll Glooscap and the Baby Ogress of the Gravel Bank Quetzal Little Folk of the Artic Adzaa Doo Ats’a- The Lady and the Eagle No. 16, Da An Road The Ice Cream Man Hawai’I Aloha 3 p.m. Voyage into the depths of Kanloa 4 p.m. Medicine Woman 5 p.m. Punks for West Papua 5:45 p.m. Marovo Carver 5:57 p.m. Story of Rock 6 p.m. Honor Riders 7:45 p.m. Amazon Voice 8:30 p.m. What was Ours 9:30 p.m. Yacuna
BY STAFF REPORTS
08/24/2016 12:00 PM
TAHLEQUAH, Okla. – The Cherokee Nation administration and Tribal Council issued statements of support for the Standing Rock Sioux Nation in its effort to halt the development of the Dakota Access Pipeline. In Cannon Ball, North Dakota, Standing Rock Sioux citizens and supporters are protesting the construction of the pipeline that would carry crude oil through four states. The pipeline would be built through that tribe’s land, and its tribal citizens are concerned that if the pipeline fails it will contaminate their water supply and surrounding sacred sites. In July, the Standing Rock Sioux sued to stop construction of the pipeline, and it has been halted for now. “The Cherokee Nation stands in solidarity with the Standing Rock Sioux Tribe in its effort to halt the development of the Dakota Access Pipeline, and I applaud our Tribal Council for showing the support of the legislative body of the Cherokee Nation as well,” said Principal Chief Bill John Baker in a statement. “The Standing Rock people have an inherent right to protect their homelands, their historic and sacred sites, their natural resources, their drinking water and their families from this potentially dangerous pipeline.” Baker said the CN supports safe and responsible energy development, and energy development in Indian Country is only responsible if it respects the sovereign rights of tribal governments and includes meaningful consultation with tribal officials. “As Indian people, we have a right to protect our lands and protect our water rights. That’s our responsibility to the next seven generations. The Standing Rock Sioux should be allowed a place at the table to express their legitimate concerns on a pipeline plan that could be detrimental to their tribe for many future generations,” Baker said. On Aug. 19, the 17-member CN Tribal Council also stated its standing in solidarity with the Standing Rock Sioux Nation in its peaceful opposition to the pipeline project as the $3.8 billion, 1,172-mile-long pipeline would cross Lake Oahe and the Missouri River, and would disturb burial grounds and sacred sites on ancestral treaty lands, states a press release from the Tribal Council. Tribal Councilor Jack Baker, CN a noted historian, said the company constructing the pipeline has failed to recognize environmental and historical preservation issues. “I am opposed to the Dakota Pipeline,” Jack Baker said. “They have refused to comply with an environmental assessment and have refused to consult with the tribal nations including the Cherokee Nation under Section 106 for Historic Preservation. They will be crossing the Trail of Tears National Historic Trail in southern Illinois. Without a consultation, it is not known what effect it could have on our forced removal route.” Joe Byrd, Tribal Council speaker and vice president of the Eastern Oklahoma Region of the National Congress of American Indians, pointed out the lack of consultation infringes on the tribe’s sovereignty as a nation. “They have not respected the Standing Rock Sioux as a federally-recognized tribe, with all the rights the treaties they have signed affords them as a sovereign nation,” said Byrd. “The pipeline could present both environmental hazards to native people, as well as possibly having a harmful impact on ancestral lands.”
BY WILL CHAVEZ
Senior Reporter – @cp_wchavez
08/24/2016 08:15 AM
SALLISAW, Okla. – In March, the U.S. Department of Energy announced its participation in the development of Clean Line Energy’s Plains & Eastern project, a 700-mile, high-voltage transmission line expected to transfer wind energy from western Oklahoma to Tennessee. A study shows the line would deliver 4,000 megawatts of power from the panhandle to utilities and customers in Arkansas, Tennessee and the Mid-South and Southeast areas. One county the line would traverse is Sequoyah County. Many residents there are Cherokee Nation citizens, and the proposed route would run near and parallel to the historic Trail of Tears and Sequoyah’s Home, a site where the noted Cherokee linguist lived. Residents who could be affected by the line recently met to discuss opposition to it. Kathryn Wilburne, who lives near Sallisaw, said she and her husband James would have a clear view of the line from their living room. They bought their property about 12 years ago and built a home on it in 2008 when they retired. “This has been a dream for decades to come back (from California) and have a farm and be in a beautiful historical area that we have here,” she said. “It is so precious what is here. It can be found nowhere else. It’s an honor to be here. It’s an honor to be a steward here. We love our farm.” Kathryn, a Sequoyah County Historical Society member, said she’s concerned about the potential loss of hidden historic places. She said the lands were Cherokee allotments and that Cherokee families have plots and cemeteries throughout the county. Surveyors have worked to document the historic aspects and discoveries in the area, she said, and those would be key to developments. “There are also Indian signal trees here (trees bent to mark routes or significant sites), and there are also paths people have found designating where wagons have gone through,” she said. “We have to be respectful of what is here. We know that there are people buried here, and as such, the landowners know it, and they are very protective of these people that are buried here even if they’re not related to them.” Tribal Councilor Bryan Warner said he’s listened to citizens living in areas where the line would pass. “What I’m hearing from this group overall is about the lack of transparency, the disgraceful tactics and the other things that have come from Clean Line. I feel if there was big need, this group (landowners) would consider letting this thing come through, but from the research they have done they believe there is not that great of need at this moment,” he said. He said the Tribal Council stands behind its 2015 resolution objecting to the line going through the CN. “I’ve talked with (Principal) Chief (Bill John) Baker. I’ve talked with the Attorney General Todd Hembree. I’ve talked with Sara Hill, secretary of Natural Resources, and we all still are a go to help these individuals and do what we can to help stop this transmission line,” Warner said. He said because the CN owns part of the Arkansas Riverbed, it may be able to stop Clean Line from crossing the river in western Sequoyah County. Clean Line Energy Executive Vice President Mario Hurtado said the CN resolution contains information that is “not factually true.” It states the line would cross ceremonial grounds, however, Hurtado said Clean Line has worked hard not to do that and “has absolutely no knowledge” it would. The resolution suggests the project would go “across the Stokes Smith Ceremonial Ground” near Vian, but Hurtado said the DOE obtained locational details about the ground from the CN. “The route is more than 0.5 miles to the south of the Stokes Smith Ceremonial Grounds, along an existing transmission line. Extensive analysis was done on this location and there is no visual or other impact from locating the new transmission line along the south side of the existing line in that area,” reads a company statement. Hurtado said crews have been active along the right-of-way for the line gathering data on wetlands, rivers and other waters regulated by the U.S. Army Corps of Engineers. Crews are also conducting surveys to ensure cultural resources are not harmed. He said crews are also working to acquire easements along the route, which would contain 150-foot towers. “We are working with a couple of Oklahoma-based companies that do this kind of work a lot for all kinds of infrastructure projects. We’ve done training with those agents. We’re going to make sure they are going to be following the code of conduct. We’ve got to work with landowners to make sure they are respectful and treat people correctly,” Hurtado said. The agents are also there to ensure landowners understand they will get 100 percent of the market value of the right-of-way, he said, and that Clean Line is paying for property structures that would need removed. “People can get annual payments for structures on their property. Even if they don’t have structures on their property they can still get annual payments,” he said. Steve Parish, who lives near Gore, said the proposed line “takes out” his 20 acres, which includes his home. “If there was a need for this power to come through, if it was helping everybody, I would sacrifice. I probably would just go ahead with the deal, but it’s not. It just takes away, and we worked too hard for that,” he said. Parish said he learned of the line in 2013 and met with a Clean Line official who showed him where the line would cross in relation to his property. “It does affect me quite a bit. The 200-foot easement they are looking at is right next to my house, and I told them that’s pretty close,” he said. He said the representative offered to move the line about 200 feet from his home. He said the representative also told him “it would still be in his backyard” and that Parish “wouldn’t get two cents.” In July, Parish said Clean Line representatives returned for an environmental survey. He said he questioned whether they had already performed it on his property. Parish said his wife intervened and told them they did not have permission for the survey. “They said, ‘we see that you’re going to be a little bit difficult. We’ll send somebody else out.’ I haven’t heard from them since,” he said. Hurtado said if a landowner does not want to talk to a representative that wish is respected and the representative leaves and does not knock on their door again. “If the result of that conversation is ‘I just don’t want an agent from Clean Line contacting me,’ then we take note of that, and we try to be respectful of that, but we have to be able to at least try. In fact, we are obligated to talk to people about the project, about easements,” he said. “People can always contact us. If they have an issue about how a land agent is acting towards them or they feel they haven’t been treated fairly, we want to know about that.” People can call 1-855-466-1021 or email land@plainsandeastern.com to voice concerns, Hurtado said. Projects like the transmission line take much time and planning, Hurtado said, and that it’s important to recognize the benefits that can come from the $2 billion endeavor. “If folks have issues we want to be able to work through those. Our job is to do this in the best way possible. We really want to do right by the communities where the project is going to be located,” he said. “I think it’s important for people to know that it’s going to provide very economic, low-cost energy to well over a million homes, and it’s going to provide economic development and jobs to thousands and thousands of people.” Hurtado said Clean Line wants to begin construction in late 2017 and for the line to be operational in 2020.
BY WILL CHAVEZ
Senior Reporter – @cp_wchavez
08/23/2016 12:00 PM
TAHLEQUAH, Okla. – Attorneys for former Cherokee Nation Foundation Executive Director Kimberlie Gilliland filed a motion in the tribe’s District Court on Aug. 17 requesting the court stay a civil case filed against her on July 27 by the CNF. The stay is requested pending the disposition of a criminal case against Gilliland filed by the CN attorney general’s office on July 28 alleging embezzlement and fraud during her time as CNF executive director. In the civil case, Gilliland faces 22 counts that stem from a more-than-two-year investigation involving irregularities in her salary, travel expenses, spending and awarding of CNF scholarships. Gilliland was appointed to serve as CNF executive director in August 2009 and served until July 2013. Gilliland has called the court filings “baseless.” Her request for a stay states that eight of the nine counts in the criminal case “are based upon the same allegations” in the civil case and that she would face a dilemma of self-incrimination in the criminal case if she chooses to defend herself against the civil charges. The motion also states a stay pending a final resolution of the criminal case “would further the interests” of the court and “would not harm the public.” Her civil case attorney, James Proszek of the law firm Hall, Estill, Hardwick, Gable of Tulsa, signed the motion. Also on Aug. 17, her attorney in the civil suit filed a motion to dismiss embezzlement and conversion claims by CNF attorney Ralph Keen. The motion claims the embezzlement and conversion claims were filed two years after the claims accrued and exceed statute of limitations and should be dismissed. District Judge Bart Fite had not responded to the two motions as of publication.
BY JAMI MURPHY
Senior Reporter – @cp_jmurphy
08/23/2016 08:15 AM
TAHLEQUAH, Okla. – At an Aug. 19 press conference, Tahlequah Police Chief Nate King said he believed his officers were justified in shooting 49-year-old Cherokee Nation citizen Dominic Rollice while responding to an Aug. 12 disturbance. Rollice was transported to Northeast Health System where he was pronounced dead. At the press conference, King released the incident’s 911 call as well as body camera footage from one officer that showed the shooting. According to the 911 call, at about 9:35 p.m. Rollice was “drunk” at the caller’s home in the Shawnee Court vicinity. The caller said she was afraid the situation was going to “get ugly real quick.” King said Rollice was at the home, in which he did not live, and would not leave. Lt. Brandon Vick and Officers Josh Girdner and Chase Reed arrived at the home shortly after the call, King said. Reed’s body camera footage shows the three policemen speaking to Rollice and then following him into a garage. After Rollice retreats to the back of the garage, he pulls a claw hammer from a tool bench area and holds it above his head. The footage shows the officers ordering him to drop the hammer several times. Rollice says “no” and states that he’s in his house and he’s doing “nothing wrong.” Video shows Reed stating that he’s going to use his Taser and Rollice making a quick movement with the hammer. Girdner and Vick then fire six gunshots at Rollice at the same time Reed fires his Taser. After falling to the floor, the footage shows Reed performing CPR until emergency responders arrive. King said the footage shows a “violent encounter which resulted in the loss of a human life” and that the Oklahoma State Bureau of Investigation is investigating the shooting. He said the OSBI interviewed the three officers on Aug. 18 and that the officers were on paid administrative leave until the investigation is complete. King added that the OSBI would provide the investigation’s results to the district attorney, who would then determine whether the shooting was justified. Although, the shooting is under investigation, King said he felt the officers followed procedure and were justified in how they handled the situation. The Cherokee Phoenix contacted Rollice’s parents for comment, but they declined. Court records show Rollice pleaded no contest to a 2015 child sexual abuse charge in Cherokee County and was serving a suspended sentence.