http://www.cherokeephoenix.orgAt the Cherokee Nation Election Commission’s May 9 meeting, Commissioner Carolyn Allen entertains a vote for the EC to submit official opinion requests to Attorney General Todd Hembree regarding mailing absentee ballots and voter registration. STACIE GUTHRIE/CHEROKEE PHOENIX
At the Cherokee Nation Election Commission’s May 9 meeting, Commissioner Carolyn Allen entertains a vote for the EC to submit official opinion requests to Attorney General Todd Hembree regarding mailing absentee ballots and voter registration. STACIE GUTHRIE/CHEROKEE PHOENIX

AG issues opinions on absentee ballots, voter registration

BY STACIE BOSTON
Reporter – @cp_sguthrie
05/16/2017 12:00 PM
Video with default Cherokee Phoenix Frame
TAHLEQUAH, Okla. – Attorney General Todd Hembree on May 12 released two opinions regarding absentee ballots and voter registration after the Election Commission requested them during its May 9 meeting.

According to the absentee ballot opinion, the EC asked if it should mail a ballot to the address listed on the voter’s ballot request if the EC “has reason to believe” the form has “irregularities” to where the ballot should be sent.

Hembree’s opinion states the EC “must send” a ballot to the voter’s listed address on the request form unless the EC confirms the voter wants the ballot sent to a different address.

According to the opinion, the question stemmed from the EC receiving ballot requests that contained “irregularities” to where the EC should send the ballot. It states the EC contacted the voters who submitted the “alleged” irregular requests and that it was able to speak with a number of voters to find out where the absentee ballots should be sent.

According to the voter registration opinion, the EC asked if a CN citizen who submits a voter registration card on the last registration day for the 2017 general election would be considered a “registered voter” despite the EC not having “sufficient time” before the registration deadline to determine in which district the voter resides.

The opinion states a citizen who submits an “otherwise complete voter registration form” no later than the deadline of the election year “shall be considered a registered voter” even if “the commission is unable to determine the citizen’s voting district until after the voter registration deadline.”

According to the opinion, the EC received a voter registration form that listed a rural route address that did not contain “sufficient” driving direction to the address, so the EC was unable to determine the citizen’s voting district before the March 31 deadline. It states the EC was able to determine the district after the deadline.

The EC voted to submit the questions to Hembree following an executive session in its May 9 meeting. Commissioners said they discussed asking for the opinions during the private session but did not state the nature of the questions.

Prior to the executive session, commissioners voted to go into the private meeting without stating its specific purpose, as required by the CN Freedom of Information and Rights of Privacy Act.

According to the law, public bodies of the CN and its subsidiaries must vote to go into executive session, and when the vote is “favorable” the “presiding officer shall announce the specific purpose of the executive session.”

The act states a public body can only enter executive session to discuss personnel issues; certain financial or business matters; matters protected by client-attorney privilege; development of security personnel or devices; investigative proceedings regarding allegations of criminal misconduct; or matters relating to the proposed location, expansion or the provision of the location or expansion of industries in the area served by the public body.

Election Director Connie Parnell said the EC’s actions regarding the executive session were in “compliance” with CN law.

EC attorney Harvey Chaffin referred all questions regarding the executive session to the EC.

Hembree declined to comment on whether or not the EC was in compliance with the FOIA.

In other news, Parnell said the EC is on “target” with everything for the upcoming election.

“Absentee ballots went out on the days they were suppose to,” she said. “We have one precinct official training left and that’s this coming Saturday (May 13). We have all of the supplies. We’re still training precinct officials. Once that is through then the next thing will be pack all of our plastic tubes that has all their incidentals in them and get those ready so that you all, as commissioners, will be able to give them their supplies.”

Click here towatch the complete Election Commission meeting.

Click here tothe attorney general's opinion on absentee ballots.

Click here tothe attorney general's opinion on voter registration.

News

BY TRAVIS SNELL
Assistant Editor – @cp_tsnell
06/19/2018 08:15 PM
TAHLEQUAH – After waiving his Cherokee Nation rights to employee privacy, John Ross Baker publicly admitted on June 18 that he was the nurse responsible for a lapse in protocol by incorrectly administering medications and potentially exposing patients to blood borne pathogens. “I, John Baker, RN, am deeply sorry that my actions have caused such anxiety to these families. When I understood that I may not have been following proper procedures, I immediately began working with health care professionals to identify any mistakes that may have been made and cooperated in every possible way and then I resigned,” Principal Chief Bill John Baker’s 34-year-old son said in a written statement. “I love caring for patients and would never knowingly put anyone at risk. My late mother was a nurse and I feel as though I inherited her passion for caring for others. I believe I was called to the nursing profession and I hope to serve patients with the same concern and compassionate care as she did, and I’ve always hoped she would be proud of the man I am. She and my father always taught me to take responsibility for my actions.” According to a CN press release, Hastings Hospital CEO Brian Hail was informed on April 29 of a protocol lapse involving the administration of medication for surgical patients. Health Services officials said the lapse occured from January to April and involved using the same vial of medication and syringe to inject more than one IV bag, potentially exposing patients to blood borne pathogens. However, Health Services officials said patients were never directly in contact with any needle. “In all instances, medication was administered into an IV bag, or tubing. The likelihood of blood borne pathogens traveling up the lines into an IV bag or IV tubing to cause cross contamination from using the same syringe is extremely remote,” officials said. Health Services officials said all 186 patients had been contacted and that 118 had returned for testing. They also said no patients had shown any signs of exposure. In a June 11 Health Committee meeting, Hail said the CN’s medication diversion prevention program discovered the protocol lapse and reported it to Health Services in late April. Hail also told Tribal Councilors he couldn’t reveal the nurse’s name at that time because of employee privacy rights but did say the nurse was no longer employed with the tribe. Hail said the incident was also not limited to the dental department, confirming there was a “cross” into other departments and areas, including the operating room. When asked by Tribal Councilors if any disciplinary action had been taken against the nurse, Hail declined to comment, citing “employment matters.” He also told legislators that it wasn’t the Health Services’ responsibility to report any potential incidents to revoke a medical license. According to a press releasse, John Baker resigned from Hastings Hospital on May 1 and isn’t employed at the CN or its entities in any capacity. According to a June 8 screenshot of his Facebook account, he was a RN at Hastings Hospital from Sept. 25, 2017, to May 2018 and was hired on May 14 by Traditions Home Care as a registered nurse case manager. However, Traditions Home Care’s human resources department on June 19 told the Cherokee Phoenix that John Baker is not employed with the company and declined to comment further. A CN press release also states the protocol lapse incident was reported to the Oklahoma Board of Nursing. According to a readfrontier.org report, the OBN issued John Baker his registered nurse’s license on June 26, 2017, and that the licence is still active. An OBN official told the Cherokee Phoenix that she could neither confirm nor deny whether the board is conducting an investigation of the protocol lapse and that there were no public records available concerning the issue. Chief Baker also issued a written statement on June 18 regarding the situation. “I am deeply saddened by these events and my hear aches for everyone involved. As a father, it is difficult to witness my son experiencing the pain caused by his actions. His decision to pursue a career in service to others continue to fill me with pride to this day,” Chief Baker said. “John’s honesty, cooperation and acceptance of responsibility is representative of his values and the quality of man that he is. As Chief of this great nation I know that no one is exempt from the rules. Rules and procedures throughout our nation apply to everyone equally. That is most certainly the case here. I want to strongly encourage anyone who sees wrongdoing of any kind throughout our nation to know their voice will be heard and their concerns will be properly addressed. I’m grateful for the health care workers who helped identify this lapse and their continued service to the Cherokee Nation Health Services and the patients they care for.” According to a press release, Chief Baker requested that Health Services Executive Director Dr. Charles Grim lead a four-person panel to “review the events, evaluate best practices and improve medication administration procedures.” It also states the panel is to report its findings in August to Deputy Chief S. Joe Crittenden because Chief Baker has recused himself to ensure the review’s independence. The protocol lapse came to light after CN citizen John Wagnon, of Grove, spoke publicly about being identified as a potentially exposed patient following a dental procedure in January. Wagnon said Health Services called him on June 4 asking him to come in for blood tests, nearly five months after his procedure. Wagnon said his tests came back negative but that he would need to return in three months for more testing. <strong>Timeline</strong> <strong>Sept. 25, 2017:</strong> John Ross Baker begins a residency at W.W. Hastings Hospital as a registered nurse, according to his Facebook account on June 8. <strong>January:</strong> Health Services officials say Baker begins the lapse in protocol regarding how medication is administered to surgical patients. Officials say 186 patients are potentially exposed to HIV and hepatitis C stemming from Baker’s practice of using the same vial of medication and syringe to inject more than one IV bag from January to April. <strong>April:</strong> The Cherokee Nation’s medication diversion prevention program discovers the protocol lapse and reports it to Health Services. <strong>April 29:</strong> Hastings Hospital CEO Brian Hail is informed of the protocol lapse. <strong>May 1:</strong> Baker resigns from Hastings Hospital. <strong>May 14:</strong> Baker is hired by Traditions Home Care as a registered nurse case manager, according to his Facebook account on June 8. <strong>June 7:</strong> The protocol lapse becomes public after a Tulsa-area television news show airs a story with Cherokee Nation citizen John Wagnon saying Hastings Hospital officials asked him to return for HIV and hepatitis C testing months after his dental surgery. <strong>June 11:</strong> Tribal Councilors of the Health Committee ask Hail questions regarding the protocol lapse. Hail cites employee privacy rules when declining to reveal the name of the nurse. <strong>June 18:</strong> Baker issues a written statement acknowleding he was the registered nurse involved in the protocol lapse and apologizes. His father, Principal Chief Bill John Baker, calls for a panel to to investigate the incident and recuses himself from the matter to ensure the review’s independence. <strong>June 19:</strong>Oklahoma Board of Nursing officials decline to confirm or deny that they are investigating the protocol lapse. Traditions Home Care officials say Baker is not employed with them and decline further comment.
BY STAFF REPORTS
06/18/2018 12:00 PM
TAHLEQUAH –The applications for the Cherokee Nation’s Miss Cherokee, Junior Miss Cherokee and Little Cherokee Ambassadors are now available for download. To download an application, visit <a href="http://www.cherokee.org/Services/Education/Cherokee-Ambassadors" target="_blank">http://www.cherokee.org/Services/Education/Cherokee-Ambassadors</a>. The deadline for all competition applications is July 16. For more information, call Lisa Trice-Turtle at 918-453-5000, ext. 4991.
BY ASSOCIATED PRESS
06/16/2018 02:00 PM
LINCOLN, Neb. (AP) — A husband and wife who don't want the proposed Keystone XL pipeline to run through their farm have deeded a plot of their land over to a Native American tribe, creating a potential roadblock for the project. Art and Helen Tanderup signed over a 1.6-acre plot of land to the Ponca Indian Tribe on Sunday. The Ponca enjoy special legal status as a federally recognized tribe. The land has been used as a planting space for sacred Ponca corn for the last five years, and it was chosen in part because it sits on the $8 billion pipeline's proposed route. It's also part of the historic route that Ponca tribe members were forced to take when the U.S. government relocated them to present-day Oklahoma in 1877.
BY ASSOCIATED PRESS
06/16/2018 10:00 AM
PIERRE, S.D. (AP) — South Dakota's Supreme Court this week dismissed an appeal from opponents of the Keystone XL oil pipeline, saying a lower court lacked jurisdiction to hear their cases. But an attorney battling the project says the "fight is not over." Groups fighting TransCanada Corp.'s pipeline appealed a judge's decision last year upholding regulators' approval for the pipeline to cross the state. But the high court said in a Wednesday ruling that justices didn't "reach the merits of the case" because the lower court didn't have jurisdiction to weigh the appeal of the Public Utilities Commission's decision. Robin Martinez, an attorney for conservation and family agriculture group Dakota Rural Action, on Thursday called the high court's decision "disappointing," but said "this fight is not over." Martinez said the organization, one of the appellants, is regrouping and evaluating its options. "That's really disappointing that the court didn't reach the merits, because the risk to South Dakota's land and water resources is clearly there," Martinez said. "It's a shame that that did not get a closer look by the court." TransCanada spokesman Terry Cunha said in an email that the pipeline developer is pleased with the court's decision. Keystone XL would cost an estimated $8 billion. The 1,179-mile pipeline would transport up to 830,000 barrels a day of Canadian crude through Montana and South Dakota to Nebraska, where it would connect with lines to carry oil to Gulf Coast refineries. TransCanada announced in April it was meeting with landowners and starting aerial surveillance of the proposed route. The company hopes to begin construction in early 2019. The Cheyenne River Sioux Tribe, Yankton Sioux Tribe and conservation and family agriculture group Dakota Rural Action appealed to the South Dakota high court after a judge had affirmed state regulators' approval for the pipeline. The Public Utilities Commission initially authorized TransCanada's project in 2010, but the permit had to be revisited because construction didn't start within the required four years. The panel voted in 2016 to accept TransCanada's guarantee that it would meet all conditions laid out by the commission when it first approved that state's portion of the project. Cunha said the company is working to get needed land easements for the pipeline in Nebraska. But Nebraska landowners have filed a lawsuit challenging the Nebraska Public Service Commission's decision to approve a route through the state. Separately in Nebraska, a husband and wife who don't want the proposed Keystone XL pipeline to run through their farm this week deeded a plot of their land to a Native American tribe, creating a potential roadblock for the project. Art and Helen Tanderup signed over a 1.6-acre plot of land to the Ponca Indian Tribe on Sunday. The Ponca enjoy special legal status as a federally recognized tribe. The land has been used as a planting space for sacred Ponca corn for the last five years, and it was chosen in part because it sits on the $8 billion pipeline's proposed route. It's also part of the historic Ponca route that tribe members were forced to take when the U.S. government relocated them to present-day Oklahoma in 1877. "What the impact will be, I don't know," Tanderup said. "But now, they'll have a voice in this issue. They will be a player at the table." It's not clear whether deeding the land to the tribe would hinder the company or create a new legal argument for the Ponca, given their status as a federally recognized Indian tribe. Brad Jolly, an attorney for the Ponca Tribe of Nebraska, said he was focusing more on overturning state regulators' approval of the pipeline in a case pending before the Nebraska Supreme Court. "I haven't gotten to all the what-ifs yet," Jolly said. The Keystone pipeline also faces a potential obstacle in a federal lawsuit brought by Montana landowners and environmental groups seeks to overturn President Donald Trump's decision to grant a presidential permit for the project.
BY STAFF REPORTS
06/15/2018 04:00 PM
CALHOUN, Ga. – The next meeting of the Georgia Chapter of the Trail of Tears Association is set for 10:30 a.m. on July 14 at the Gordon County Historical Society at 345 S. Wall St. This is part three of the chapter’s remembrance of the 180th anniversary of the Cherokee removal. “The Journey To Indian Country” will be presented by past chapter president W. Jeff Bishop. The meeting is free and open to the public. The Trail of Tears Association was created to support the Trail of Tears National Historic Trail established by an act of Congress in 1987. The TOTA is dedicated to identifying and preserving sites associated with the removal of Native Americans from the southeastern United States. The Georgia TOTA chapter is one of nine state chapters representing the nine states that the Cherokee and other tribes traveled through on their way to Indian Territory (now Oklahoma). People need not have Native American ancestry to attend GATOTA meetings, just an interest and desire to learn more about this tragic period in this country’s history. For more information about the May GCTOTA meeting, email Walter Knapp at <a href="mailto: walt@wjkwrites.com">walt@wjkwrites.com</a>.
BY STAFF REPORTS
06/15/2018 08:15 AM
OOLOGAH – The Will Rogers & Wiley Post Fly-In starts at 7:30 a.m. on Aug. 11 at the Will Rogers Birthplace Ranch. Planes will begin landing at 7:30 a.m. on a 2,000-foot grass airstrip next to the ranch located at 9501 E. 380 Road. Admission is free, and there is ample parking. The annual event celebrates aviation and marks the anniversary of Will and Wiley’s Aug. 15, 1935, deaths in Alaska due to a plane crash. A moment of remembrance will be observed at 10 a.m. honoring those who have died in small plane crashes and lapel pins will be presented especially designed in tribute to crash victims Vintage aircraft, World War I fighters, experimental planes, bi-planes, helicopters and fly-overs are all part of the event as well as food and concessions, antique and classic cars, a Cherokee storyteller and kids’ activities. Special tribute will be paid to Dr. Bill Kinsinger, who departed Wiley Post Airport in Oklahoma City in January on an animal rescue mission for Pilots N Paws to Georgetown, Texas, but never reached his destination. After being spotted on radar headed into the Gulf of Mexico, it was reported by searchers, “the pilot was slouched over and appeared unconscious.” Members of Dr. Kinsinger’s family will be on hand to receive a lapel pin. Attendees are encouraged to bring lawn chairs. For more information, visit <a href="http://www.willrogers.com" target="_blank">www.willrogers.com</a> or call 918-341-0719.