Freedom Of Information Act was first in Indian Country

BY TESINA JACKSON
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.
About the Author
Born in Dayton, Ohio, Tesina first started working as an intern for the Cherokee Phoenix after receiving the John Shurr Journalism Award in 2009. Later that year, Tesina received her bachelor’s degree in journalism from Ball State University in Muncie, Ind., and in 2010 joined the Phoenix staff as a reporter.    

In 2006, Tesina received an internship at The Forum newspaper in Fargo, N.D., after attending the American Indian Journalism Institute at the University of South Dakota. She also attended the AIJI summer program in 2007 and in 2009 she participated in the Native American Journalists Association student projects as a reporter. Tesina is currently a member of NAJA and the Investigative Reporters & Editors organization.
Born in Dayton, Ohio, Tesina first started working as an intern for the Cherokee Phoenix after receiving the John Shurr Journalism Award in 2009. Later that year, Tesina received her bachelor’s degree in journalism from Ball State University in Muncie, Ind., and in 2010 joined the Phoenix staff as a reporter. In 2006, Tesina received an internship at The Forum newspaper in Fargo, N.D., after attending the American Indian Journalism Institute at the University of South Dakota. She also attended the AIJI summer program in 2007 and in 2009 she participated in the Native American Journalists Association student projects as a reporter. Tesina is currently a member of NAJA and the Investigative Reporters & Editors organization.

News

BY WILL CHAVEZ
09/19/2014 03:00 PM
TAHLEQUAH, Okla. – Entry-level Cherokee Nation employees will see their wage increase from $9 to $9.50 beginning Oct. 1 when the tribe’s new fiscal year begins. By executive order, Principal Chief Bill John Baker raised the tribe’s minimum wage to $9.50 on Feb. 24, 2014, and ordered it to go into effect Oct. 1. The order raises the minimum wage for employees who have been employed by the CN for at least six months, provides for staggered increases for the minimum hourly wage, and it encourages other CN entities to implement a comparable wage increase. CN Secretary of State Chuck Hoskin Jr. said by raising the tribe’s minimum wage, Chief Baker “pushed wages up” overall throughout the tribe’s government and businesses, meaning current workers would see their hourly wage increase and would not be making the same wage as someone just hired by the CN. “We really raised it because Chief Baker thought it was the right thing to do. The buying power of our minimum wage just wasn’t what it used to be. We needed to make sure our entry-level employees had a wage that they could make a living on,” Hoskin said. The tribe’s minimum wage is $2.25 more than the state’s minimum wage of $7.25. “When we can pay our entry-level employees a competitive wage we really do them a favor, but we really do the whole nation a favor because we raise the quality of life among all our people,” Hoskin said. “It’s important because we want the folks that are entry-level employees to be able to make a living. We want them to be able to put money aside for savings, be able to pay their bills.” He added the CN and its businesses also offer an optional benefits package for employees that include health and 401(k) retirement benefits that the CN and its businesses contribute to for an employee. Last March, the Cherokee Nation Businesses Board of Directors answered Baker’s challenge and unanimously voted to also increase its minimum wage to $9.50 an hour for its businesses, which also goes into effect Oct. 1. CNB Vice-President of Human Resources Bob Thomas said current CNB employees would actually receive an increase of more than $9.50 to prevent “compression.” “We would take that rate all the way up to people making $10.35, it would be a sliding scale, and it would give us the opportunity not to have any kind compression going on where we have somebody that’s been here a year or two making $9.50 an hour all of sudden making the same amount as a new person that comes in,” Thomas said. Board member Jerry Holderby said a study commissioned by the board shows what a CNB employee is making in total when other benefits are included like incentives, bonuses, health insurance, and employer contributions to 401(k) retirement plans. The study showed minimum wage CNB employees were actually making $13 an hour if they took advantage of all the benefits offered by the company. “Folks out in the communities, Cherokee and non-Cherokee, have expressed appreciation (for the minimum wage increase). You have to remember with 9,000 employees we are all over northeastern Oklahoma, so if our people are earning a better wage that helps the communities and the buying power of families. It’s really a win-win for the whole region,” Hoskin said.
BY ASSOCIATED PRESS
09/19/2014 01:28 PM
WASHINGTON (AP) – A U.S. senator threatened the NFL with legislation over Washington's nickname, a letter was dispatched to the other 31 team owners, and the issue was linked to the league's other recent troubles Tuesday as the anti-"Redskins" movement took its cause to Capitol Hill. In a news conference that featured Native American, civil rights and religious leaders, Sen. Maria Cantwell took aim at the NFL's pocketbook by announcing she will introduce a bill to strip the league's tax-exempt status because it has not taken action over the team name. While prospects for such a bill becoming law would be tenuous, the inevitable hearings before lawmakers would enhance the spotlight on a movement that has gained substantial momentum over the past two years. "The NFL needs to join the rest of America in the 21st Century," said Cantwell, D-Wash., the former chairwoman of the Senate Indian Affairs Committee. "We can no longer tolerate this attitude toward Native Americans. This is not about team tradition. This is about right and wrong." Overall, the message from the "Change the Mascot" leaders was that they don't plan to go away, despite team owner Dan Snyder's vow not to change the name. They presented a letter that will be sent to every NFL owner except Snyder, asking each to use his "position of authority" to end the league's "promotion of a dictionary-defined racial slur." Oneida Nation representative Ray Halbritter said he hoped an owner will take a bold position against the name. He cited Brooklyn Dodgers executive Branch Rickey, who integrated major league baseball by signing Jackie Robinson, and longtime Washington Wizards owner Abe Pollin, who changed his NBA's team from Bullets because of the violence associated with the term. "We're looking for the Branch Rickey, looking for Abe Pollin," Halbritter said. "They're out there. We know the owners don't share in this, but they share in the profits." Halbritter had harsh words for the league as a whole, referencing the NFL's handling of health problems suffered by former players, as well as the recent Ray Rice domestic violence saga and the child abuse charge levied against Adrian Peterson. "The NFL is currently facing an integrity crisis. ... While these are different issues, they are joined by a common thread of showing commercial and moral arrogance and a blatant lack of respect for those being negatively impacted," Halbritter said. The NFL did not immediately respond to a request for comment. Earlier Tuesday, the league announced that it has hired a former White House official to help the league with legislative issues. Cynthia Hogan will be the league's senior vice president of public policy and government affairs and will be based in Washington. A team spokesman Tony Wyllie responded to Cantwell's proposed legislation by citing a poll in the team's favor. "Our position remains consistent with more than 80 percent of Americans who do not want to change the Washington Redskins name," Wyllie said. The debate over the name could influence the team’s plan to build a new stadium when their lease at FedEx Field, located in D.C.'s Maryland suburbs, expires in 2027. Eleanor Holmes Norton, the district's delegate to Congress, said the team would have a hard time moving back to the city unless the name is changed. "I would make every effort in the Congress to make sure they could not come back with that name," Norton said. Snyder has said that the team name and logo is meant to honor Native Americans, and the team has promoted American Indians who say they aren't offended by the name or by the use of the term "redskin" in general. Rep. Betty McCollum, D-Minn., offered a counterargument by displaying an 1863 newspaper front page that included the sentence: "The state reward for dead Indians has been increased to $200 for every red-skin sent to Purgatory." "It can only be money that motivates the NFL with a slur that harkens back to the darkest days, when a white man could get paid for hunting down and murdering an Indian in cold blood for money," McCollum said. "This team name is a reminder of that brutal violence."
BY STAFF REPORTS
09/19/2014 10:52 AM
TAHLEQUAH, Okla. – The local Help-In-Crisis shelter in Tahlequah will hold an “All you can eat” breakfast on Sept. 20 at the Masonic Cherokee Lodge 10 located at 121 West Choctaw in Tahlequah. Penny Gifford, Help-in-Crisis volunteer coordinator and event planner, said the breakfast will be from 7 a.m. to 10 a.m., will cost $7 and will offer items including biscuits and gravy, pancakes, sausage, bacon and juice. The lodge provides the breakfast and all funds made will be used to help purchase basic living needs for the women and children in the shelter. “Most normally they (abused women and children) have left everything behind,” Gifford said. “We basically help them start their lives over.” Currently there are 33 participants residing in the shelter and of those 56 percent are Native American. Gifford added the lodge will also be matching funds raised during the breakfast. “The more tickets sold the better,” she said. Those interested in purchasing tickets in advance can call the shelter at 918-456-0673. They will also accept money at the door. According to Help-In-Crisis, it was established in around 1980 by a “group of concerned volunteers to provide safety and shelter to battered women and their children.” Its mission is to “eliminate family violence, stalking, child abuse and sexual assault through advocacy, education, counseling, support and prevention services.” They are a non-profit organization and offer a hotline if one is in need of help. Those in need can call 1-800-300-5321. The organization serves Cherokee, Adair, Wagoner and Sequoyah Counties.
BY STAFF REPORTS
09/16/2014 10:51 AM
BARTLESVILLE, Okla. – The Oklahoma Indian Summer Festival is Sept. 18-21 at the Bartlesville Community Center. The state’s largest intertribal event and cultural exchange features a powwow with both competitive and non-competitive dancing on Friday and Saturday and a juried Native American and Western Art Show and Market, showcasing the talents of more than 30 artists, the <a href="http://www.okindiansummer.org" target="_blank">okindiansummer.org</a> website states. The event will consist of free outdoor concerts, an art market, a carnival, cultural demonstrations, story telling and a Friday and Saturday powwow. According to the website, artist Bunky Echo-Hawk will be a special guest. “A graduate of the Institute of American Indian Arts, he is a ?ne artist, graphic designer, photographer, writer and a non-pro?t professional,” the site states. “Bunky is a traditional singer and dancer of the Pawnee Nation and an enrolled member of the Yakama Nation.” Christian Parrish or SupaMan, an Apsaalooke American Indian, will also be present during the event. He is from the Crow Nation reservation near Billings, Mont., and is also a champion powwow fancy dancer. There will also be several food vendors, including Monie Horsechief, a two-time National Indian Taco Champion. Admission is free and the event is open to the public. For a line up of events visit <a href="http://www.okindiansummer.org" target="_blank">okindiansummer.org</a>
BY STAFF REPORTS
09/15/2014 10:25 AM
TAHLEQUAH, Okla. – The next meeting of the Tahlequah Writers group is 2 p.m., Sept. 20 at the Cherokee Arts Center at 212 S. Water St. During the meeting, Cherokee author Faith Phillips will discuss her first published novel, “Ezekiel’s Wheels.” The novel is set in this area and explores two story lines: one on the Trail of Tears and the other a contemporary journey that leads into a supernatural happening connecting the two tales. Phillips will share with attendees how she became a writer, giving up a law career and how her first book came to publication, as well as how she is promoting the work. She has published short stories and music reviews and has a passion for this area of Oklahoma. Additionally, facilitator Karen Cooper said she hopes to hear what Tahlequah Writers participants are writing, what promotional events have been attended, as well as about any learning sessions attended. Upcoming activities also will be discussed. Cooper is encouraging aspiring writers and writers to check the Tahlequah Writers Facebook page to see postings about contests, workshops and other writing opportunities. The purpose of the Tahlequah Writers group is to inspire and cultivate writers in northeastern Oklahoma, to serve as a support group for aspiring authors and explore opportunities of attaining professional writing careers. The public is invited to participate. For more information, call Cooper at 918-207-0093 or email <a href="mailto: karcoocoo@att.net">karcoocoo@att.net</a>.
BY TESINA JACKSON
09/12/2014 04:00 PM
CATOOSA, Okla. – Cherokee Nation Gaming Commission employees informed the CNGC’s board of commissioners on Aug. 22 that Cherokee Nation Entertainment, the tribe’s gaming arm, is not properly reporting some complimentary items given away at CNE facilities. Internal auditor Traci Asher told commissioners that CNGC employees have found issues regarding manual complimentary items, which are given free usually as part of a promotion. “We did touch on all the manual comps, but we did find that they’re (CNE employees) using those manual comp books. And it’s just a book that has copies in it, so they write out a comp instead of running it through the system,” Asher said. “They’re actually using a lot of these comps in internal administrative expenses, so they weren’t redeeming them correctly. So we brought that to their attention. We had some employees that had been granted incorrect system permissions for comping privileges.” Internal administrative expense comps are complimentary items that include the cost of an administrative function where certain items such as food or beverage items are provided. Cherokee Nation Businesses CEO Shawn Slaton said forms for the manual comps and internal administrative expenses are similar in appearance and “on rare occasion the wrong form may have been used.” He said the forms are being redesigned to make them more distinguishable and less likely to be confused. The CNGC regulates and oversees conduct of all gaming operations, including auditing, to ensure compliance with the tribe’s Gaming Commission Act and any regulations adopted by the CNGC. The commission also enforces any gaming-related compacts with the state, as well as federal gaming laws. Under the Gaming Commission Act, the CNGC reviews financial records to ensure proper accountability. When working with CNE, Asher said normally the commission issues CNE an audit draft so responses can be given. “With that, we work with them for about seven to 10 days, and if they can provide us any evidence that would negate those findings then we will take them out,” she said. Under the Gaming Commission Act, the CNGC can “inspect, examine and monitor all gaming facility activities on a continuing basis and to have immediate, unfettered access to all areas of a gaming facility to review, inspect, examine, photocopy and/or audit all records of the facility.” Asher said the CNGC only focused on manual comps and not internal administrative expenses. CNGC Director Jamie Hummingbird said the commission would need to have another discussion with CNE regarding its terminology, particularly where CNE employees are using manual comps in the place of internal expenses. “We advised them at that time that the terminology that they were using could be problematic, and I think that is evident with some of the ones that we’ve seen here,” he said. “Plus, we are seeing indications that their staff is not being fully trained or really knows how to discern whether it’s an administrative expense or is an administrative comp. And is it a service recovery comp or is it something different? So we need to sit down with them again and see if we can refine the terminology and treatment of these things so that we are reflecting true comps versus true expenses.” Slaton said complimentary items are issued from and redeemed through CNE’s player tracking system and include, but are not limited to, food and beverage items, lodging, merchandise and entertainment expenses. Audits of complimentary activities take place daily by CNE’s revenue audit department,” he said. “CNE complimentary activity is also audited annually by both a CNGC audit and CNB internal audit services.” He added that CNE’s daily complimentary audit examines redeemed complimentaries to ensure they were properly authorized and redeemed based on CNGC regulations and CNE policy and procedures. Slaton said CNE makes every effort to meet and comply with CNGC regulations and reporting timelines. “According to CNE’s records, during the 13-month audit period, 10 reports were filed on a timely basis. November and December reports were delayed due to technical issues in compiling the report. Once completed, the reports were submitted. The April report was submitted 5 days outside the agreed-upon filing period,” he said. “Different reports have different filing deadlines, and CNE makes every effort to meet those timelines. CNGC regulations and CNE policy and procedures are silent as to a deliverable timeline for the monthly complimentary audit reports noted. There are differences over whether a verbal agreement exists for a 30- or 45-day deadline for these report.” Another issue addressed was the CNGC finding a $10,000 comp for Toby Keith’s I Love this Bar and Grill that was not redeemed. “So I don’t know if that was an error on somebody’s part that never got voided or how that happened, but it was a system anomaly that no one could explain to us,” Asher said. Asher said because it was never redeemed, it was decided that it wasn’t going to be an issue. CNGC Commissioner Ruth Ann Weaver asked if employees found where the $10,000 came from or went. “How that happened and how the system allowed it to happen or if it was just a system anomaly, we can’t make that determination on the evidence that we were given,” Asher said. Hummingbird said CNE initially said the comp was never issued. Once the commission showed CNE its own report with the comp, CNE still couldn’t find it. Weaver asked if that is the $10,000 that was spent at Toby Keith’s I Love this Bar and Grill, Hummingbird said yes. “They’re not going to tell me that wasn’t spent,” Weaver said. Hummingbird said this is one of the unresolved issues the commission has with Cherokee Nation Businesses, the tribe’s business arm, which CNE falls under. “At this point, since the comp has not been redeemed, that we can tell, we can’t say one way or another whether is appropriated or not appropriated,” he said. Slaton said there was never a $10,000 comp issued or redeemed at Toby Keith’s. Asher also told commissioners that CNGC staff has had issues getting inaccurate reports from CNE. “We also had some issues where we were getting the reports, but I guess during the export process, when they’re (CNE) exporting those reports from the casino management system into an excel spreadsheet that they send to us, that some of those columns are getting mixed up and some of the data is getting transferred,” Asher said. “So when we’re trying to do our analysis of those, we’re running into some big problems of inaccurate data. So that kind of hindered some of our review.” Slaton said to his knowledge all reports were submitted accurately. Hummingbird said he would bring to the commission on Sept. 12 a proposed revision to clarify what types of variances the commission will look in the future to prevent such issues. That meeting was slated for 9 a.m. at the Hard Rock Hotel & Casino Tulsa.