http://www.cherokeephoenix.orgSeveral Cherokee Freedmen gather for the Dec. 11 Rules Committee meeting in Tahlequah. In the meeting the Tribal Council indefinitely tabled legislation by Tribal Councilor David Walkingstick that called for an appeal of a federal ruling that gives Freedmen tribal citizenship rights. Walkingstick and fellow legislator Harley Buzzard later filed suit against Attorney General Todd Hembree alleging he did not consult with the Tribal Council before deciding not to appeal the case of Cherokee Nation v. Nash and Vann v. Zinke, which grants Freedmen CN citizenship. The CN Supreme Court heard the case on April 20. BRANDON SCOTT/CHEROKEE PHOENIX
Several Cherokee Freedmen gather for the Dec. 11 Rules Committee meeting in Tahlequah. In the meeting the Tribal Council indefinitely tabled legislation by Tribal Councilor David Walkingstick that called for an appeal of a federal ruling that gives Freedmen tribal citizenship rights. Walkingstick and fellow legislator Harley Buzzard later filed suit against Attorney General Todd Hembree alleging he did not consult with the Tribal Council before deciding not to appeal the case of Cherokee Nation v. Nash and Vann v. Zinke, which grants Freedmen CN citizenship. The CN Supreme Court heard the case on April 20. BRANDON SCOTT/CHEROKEE PHOENIX

CN Supreme Court hears Freedmen ruling case

BY WILL CHAVEZ
Assistant Editor – @cp_wchavez
04/24/2018 04:15 PM
CORRECTION: In the April 23 story “CN Supreme Court hears Freedmen ruling case” that we published on www.cherokeephoenix.org, as well as our Facebook and Twitter pages, we erroneously named Tribal Councilor Dick Lay as one of the two Tribal Councilors mentioned as a party to the ongoing Freedmen case, when in fact it was meant to state Tribal Councilor Harley Buzzard. After the error came to our attention, we pulled the story from any and all social media, as well as the Cherokee Phoenix website. We apologize on behalf of the Cherokee Phoenix and the Cherokee Phoenix Editorial Board to all parties affected, especially Tribal Councilor Lay. We regret the error.

TAHLEQUAH – The Cherokee Nation’s Supreme Court on April 20 heard arguments regarding Attorney General Todd Hembree’s decision not to appeal the federal case of Cherokee Nation v. Nash and Vann v. Zinke, which allows Freedmen tribal citizenship and rights.

CN citizens represented by attorney Stephen Gray objected to Hembree not appealing the Aug. 30, 2017, ruling by Senior U.S. District Judge Thomas Hogan, saying it’s an “attack on the Nation’s sovereignty” comparable to the Five Civilized Tribes Act of 1906, which removed land and assets from the CN.

“Citizens’ motions and petition have become necessary because Hembree argues that he has the sole authority to appeal or not appeal the (Washington) D.C. case in his position as attorney general, without consultation with the council and is protected by sovereign immunity from citizens. His argument puts him not only above the law, but now he is the law,” states Gray’s submitted petition.

In August, Hogan ruled, “the Cherokee Nation can continue to define itself as it sees fit but must do so equally and evenhandedly with respect to native Cherokees and the descendants of Cherokee Freedmen.”

“In accordance with Article 9 of the 1866 Treaty, the Cherokee Freedmen have a present right to citizenship in the Cherokee Nation that is coextensive with the rights of Native Cherokees,” Hogan states.

On Aug. 31, Hembree stated he wouldn’t appeal Hogan’s decision. “The issues in this case first arose nearly 40 years ago, and I am grateful to finally have a ruling on the core legal issues that we presented to Judge Hogan in 2014. It was always my goal to present these arguments before the Court and get a final decision that was binding on all parties. I do not intend to file an appeal.”

He said the CN “respects the rule of law” and has begun processing Freedmen citizenship applications.

Gray’s petition states that without Tribal Council consent Hembree is “negotiating away the Nation’s sovereignty and obligating the Nation to tens of millions of dollars in liability.”

Some of that liability, Gray states, would be in the form of tribal services that would be provided to Freedmen, who are descendants of slaves once held by CN citizens.

Assistant Attorney General Chrissi Nimmo argued in court that the Council doesn’t have a right to question Hembree’s decision. She said Tribal Councilors Harley Buzzard and David Walkingstick filed the case as citizens but changed their standing to their official capacity as legislators. In the original petition it states they filed as citizens. In an amended petition it states they filed as citizens and Tribal Councilors.

She said legislators don’t have the right to sue Hembree to force an appeal of Hogan’s decision. She also told the court that on Dec. 11, 2017, the Tribal Council indefinitely tabled Walkingstick’s legislation to appeal the ruling. Nimmo said that vote, in effect, “killed” the issue of appealing Hogan’s decision.

Gray argued legislators have a right to be involved in all “settlements” involving the CN. However, Nimmo said the federal court’s ruling isn’t a settlement.

“This is an order of the court after years of litigation that the AG (attorney general) chose not to appeal,” she said. “The Council is not a client of the AG. The Cherokee Nation is his client.”

In his petition, Gray asserts a 2007 constitutional amendment requiring CN citizens to have Indian blood and that it binds the principal chief and attorney general to the people’s wishes.

Hogan’s ruling addresses the 2007 amendment.

“The Cherokee Nation is mistaken to treat freedmen’s right to citizenship as being tethered to the Cherokee Nation Constitution when, in fact, that right is tethered to the rights of native Cherokees. Furthermore, the freedmen’s right to citizenship does not exist solely under the Cherokee Nation Constitution and therefore cannot be extinguished solely by amending that Constitution,” states Hogan’s ruling.

Nimmo informed the court that the last day for the CN to appeal Hogan’s ruling was April 23. Supreme Court Chief Justice John Garrett said the court would “expedite” a decision.
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 TRAVIS SNELL
Assistant Editor – @cp_tsnell
05/18/2018 04:00 PM
TAHLEQUAH – Cherokee Nation citizens living outside the tribe’s 14-county jurisdiction are eligible for free one-year subscriptions of the Cherokee Phoenix thanks to a $10,000 disbursement from the principal chief’s office on behalf of At-Large Tribal Councilors Mary Baker Shaw and Wanda Hatfield. The Cherokee Phoenix recently received the funds and is taking names on a first-come, first-served basis until the money is depleted. “These funds that have been provided to the Cherokee Phoenix by the joint efforts of our tribal administration and our At-Large (Tribal) Councilors Mary Baker Shaw and Wanda Hatfield will go a long way in providing subscriptions to at-large citizens,” Executive Editor Brandon Scott said. “It has always been our goal here at the Phoenix to make sure that every citizen that wants a copy of the Cherokee Phoenix is able to get one. That is the sole reason we exist. Our success depends on our subscribers. Our ability to remain independent relies solely on the funds we receive from subscriptions, so these funds are not only assisting at-large citizens they are also assisting us in remaining independent. I’d personally like to thank Councilors Baker and Shaw as well as the administration for making this donation possible.” Scott added that there are no restrictions on receiving a free subscription other than living outside the CN jurisdiction and being a CN citizen. Using the fund, at-large CN citizens can apply to receive a free one-year subscription by visiting, calling or writing the Cherokee Phoenix office and requesting a subscription. The Cherokee Phoenix office is located in the Annex Building on the W.W. Keeler Tribal Complex. The postal address is Cherokee Phoenix, P.O. Box 948, Tahlequah, OK 74465. To call about the fund, call 918-207-4975 or 918-453-5269 or email <a href="mailto: justin-smith@cherokee.org">justin-smith@cherokee.org</a> or <a href="mailto: joy-rollice@cherokee.org">joy-rollice@cherokee.org</a>. The Cherokee Phoenix also has a free website, <a href="http://www.cherokeephoenix.org" target="_blank">www.cherokeephoenix.org</a>, that posts news seven days a week about the Cherokee government, people, history and events of interest. The monthly newspaper is also posted in PDF format to the website at the beginning of each month. Cherokee Nation Businesses in November donated $10,000 to the Cherokee Phoenix’s Elder/Veteran Fund, which provides free subscriptions of its monthly newspaper to elders and/or military veterans who are CN citizens. No income guidelines have been specified for the Cherokee Phoenix Elder/Veteran Fund, and free subscriptions will be given as long as funds last. Tax-deductible donations for the fund can also be sent to the Cherokee Phoenix by check or money order specifying the donation for the Cherokee Phoenix Elder/Veteran Fund. Cash is also accepted at the Cherokee Phoenix offices and local events where Cherokee Phoenix staff members are accepting Elder/Veteran Fund donations. Those who donate can also have entries submitted for them into the Cherokee Phoenix’s quarterly artist giveaway. For every $10 donated or spent on Cherokee Phoenix merchandise, a person gets one entry into the quarterly drawing. The next drawing is July 2 when it gives away a two-piece, 12-foot fishing rod donated by Larry Fulton of Larry’s Bait and Tackle in Fort Gibson.
BY STAFF REPORTS
05/16/2018 04:00 PM
VINITA – Eleven Cherokee families received keys to their new homes on May 11 after participating in the Housing Authority of the Cherokee Nation’s New Home Construction Program. The 1,350-square-foot brick homes on Miller Street each feature a garage, three bedrooms and two bathrooms. According to Cherokee Nation Communications, $1.1 million was invested into the homes and infrastructure and will provide an estimated $28,000 in impact aid to local schools. CN citizen Candle Melton and her family received one of the new homes. The family of three had lived with her mother, and she said the home is a blessing. “We are so excited to have a brand new house to call our own. This would not have been possible without Cherokee Nation and the New Home Construction Program,” Melton said. “I am definitely proud to be Cherokee and cannot thank Cherokee Nation enough for their investments in our communities and for this wonderful opportunity to become the homeowners of a brand new home.” Principal Chief Bill John Baker implemented the program in 2012. The Vinita home recipients were selected from the HACN’s waiting list of applicants who do not own land. “Helping Cherokees improve their lives by establishing homeownership is creating stronger communities and healthier families in northeast Oklahoma,” Baker said. “We took these acres in Vinita and converted them into a desirable neighborhood of almost a dozen houses. Building safe and secure homes that are affordable for our citizens has established Cherokee Nation’s New Home Construction Program as the unparalleled model of excellence for Indian Country.” Chief of Staff and Vinita native Chuck Hoskin said the homes were the latest in decades of improvements to the area by CN. “In more than 25 years of serving the Cherokee people, I’ve witnessed much progress for this community. These new homes will have a lasting, positive impact,” Hoskin said. The HACN recently received a grant from Bank2 for the home program, which allows the HACN to keep the home recipients’ monthly payment at $350. Schools in the area also benefit from the homes because they receive $2,800 in federal impact aid for each enrolled student who resides in the homes. “The new Miller Street Housing Addition is a major boon for the town of Vinita,” Tribal Councilor Victoria Vazquez said. “Not only does it help citizens achieve homeownership, it’s also going to bring much-needed revenue to the school system through impact aid dollars.” Along with the homes, the CN also invested more than $100,000 in infrastructure development on Miller Street and within the housing addition. In addition to the 660 homes built through the program, the HACN has nearly 100 more homes under construction in the tribe’s jurisdiction. For more information, visit <a href="http://www.hacn.org" target="_blank">www.hacn.org</a>.
BY KENLEA HENSON
Reporter
05/16/2018 02:45 PM
TAHLEQUAH – During the May 14 Tribal Council meeting, legislators unanimously amended titles 21 and 22 of the Cherokee Code Annotated, regarding the Violence Against Women Act. The amendment “authorizes special domestic violence criminal jurisdiction over non-Indians who commit domestic violence, dating violence, or a violation of a protection order.” The amended Title 22, Section 70 gives the Cherokee Nation special domestic violence criminal jurisdiction over a non-Indian defendant under certain circumstances, including if the offender resides or is employed within the CN jurisdiction or is a spouse, intimate partner or dating partner of a CN citizen or Indian who lives within the CN. Tribal Councilor Victoria Vazquez said the act’s impact on women is the knowledge that women will be valued, treated with respect and empowered going forward. “I voted for the VAWA to be enforced because it’s the right thing to do. Cherokee Nation leads all tribes in profitable businesses, education and health care in Native Country, and we should be the leader when it comes to the safety of our women and children,” she said. In conjunction, the Tribal Council also amended Title 12 of the Cherokee Code Annotated regarding the Civil Protective Order Act. The amendment gives the CN District Court full civil jurisdiction to issue and enforce protection orders if an act of domestic violence occurred within the CN boundaries. However, the amendment states that jurisdiction is not authorized over parties who are both non-Indian. The amendment also states the District Court has the authority to enforce any orders by civil contempt proceedings, excluding violators from Indian land and other appropriate procedures in matters that arise within the CN jurisdiction or within CN authority according to CN law. In other business, Councilors authorized the “execution of certain contracts that preserve sovereign immunity,” which allows CN to enter into certain contracts more efficiently. Legislators also passed a resolution accepting land from the Oklahoma Department of Transportation, which will allow permanent access and tribal upkeep of the road entering Sequoyah’s Cabin and Museum in Sequoyah County. The Tribal Council also amended the CN comprehensive operating budget for fiscal year 2018, increasing it by $5.9 million for a total budget of $693.1 million. Steven E. Barrick was also reappointed to the CN Gaming Commission.
BY STAFF REPORTS
05/14/2018 04:00 PM
TAHLEQUAH – The Cherokee Nation’s Office of Veteran Affairs will host a Memorial Day ceremony at 10 a.m. on May 25 at the Warrior Memorial east of the Tribal Complex. According to a CN email, the ceremony will honor the men and women who died while serving our country’s armed forces. The ceremony will include a laying of wreaths, a rifle volley and the playing of “Taps.” A breakfast will follow the ceremony.
BY STAFF REPORTS
05/14/2018 12:00 PM
PARK HILL, Okla. — The Cherokee Heritage Center will host gospel performances in Cherokee and English at the 19th annual Gospel Sing on May 19. Performances will begin at 1 p.m. The free event is open to the public, and guests are encouraged to bring chairs. The event concludes at 6 p.m. with a hog fry dinner. For more information, call Becky Adair at 918-456-6007, ext. 6160. The CHC is located at 21192 S. Keeler Drive.
BY ASSOCIATED PRESS
05/13/2018 04:00 PM
NORMAN, Okla. (AP) — A Texas school district is trying to recruit teachers with a billboard campaign in Oklahoma, where teacher protests about salary and other education issues recently closed schools across the state. The Fort Worth Independent School District funded the billboards in Oklahoma City, Tulsa, Norman and Stillwater. The Norman Transcript reports the billboards were revealed Monday with the message: "Your future is in a Fort Worth classroom — teacher starting salary $52,000." According to the latest statistics from the National Education Association, the average salary for a teacher starting out in Oklahoma is $31,919. Only Missouri and Montana are lower. Oklahoma Gov. Mary Fallin signed legislation last month granting teacher pay hikes of about $6,100 and providing tens of millions of new dollars for public schools. But teachers demand more. Fort Worth Independent School District spokesman Clint Bond said the district is "impressed with the passion and commitment" of Oklahoma's teachers. He said the campaign is a means to tap into a pool of quality teachers and show that Fort Worth has something to offer. "I don't think there's any doubt in anybody's mind that those teachers are passionate about their students," he said. "If they were thinking about moving to somewhere like Fort Worth, I know they would think long and hard about that. Norman Public Schools Superintendent Nick Migliorino said he's familiar with neighboring states' attempts to draw Oklahoma teachers away. "We've been dealing with this for many years now," said Migliorino. "When we go to job fairs, the bordering states, not just Texas, have booths there, and they're giving out large signing bonuses and starting salaries that we can't even touch with decades of experience." He said Oklahoma has a ways to go before it can compete in the market for teachers. "We have made incredible strides as a state over this last legislative session, but there's much more to do," Migliorino said.