Copyright © 1998 NLThomas
All Rights Reserved

Cherokee Press Association
Copyright © 1998 CPA
All Rights Reserved

Tahlequah - A federal investigation into legal fees incurred by Cherokee Nation Principal Chief Joe Byrd’s administration begins March 30.

The Inspector General of the U.S. Department of the Interior will conduct the review, which will include other “selected aspects of costs” incurred by the nation under federal funding agreements, according to a Thursday tribal new release.

U.S. Sens. Don Nickles and James Inhofe, and U.S. Rep. Tom Coburn, all Oklahoma Republicans, requested the investigation.

“We have nothing to hide here,” Byrd said in the news release.

The nation’s second-largest tribe has been divided for 13 months, with Byrd pitted against the tribe’s highest court over criminal charges against him for diversion of funds. Byrd has authorized payment of hundreds of thousands of dollars in legal fees never approved by the tribal council.

Byrd said the last review by a federal agency (U.S. Department of Housing and Urban Development) that the three federal legislators requested indicated no audit was necessary.

Cherokee Nation Chief of Staff Gary Stopp told tribal councilors in a Thursday night Executive and Finance Committee meeting the HUD audit report is being completed but auditors said no major deficiencies were found.

The committee voted Thursday night to table a vote on paying more than $367,000 in legal fees Secretary-Treasurer Jennie Battles asked the council to approve for payment.

But an $18,000 billing from Tulsa attorney Tom Seymour may never be paid. Seymour already has been paid more than $140,000 “for him to help with an illegal impeachment of our justices,” Councilor Barbara Starr Scott told Battles. “The council didn’t approve paying that man. I believe Mr. Seymour was well healed for his little venture and I move we not pay him and let him sue us.

“The chief obligated this nation when it’s not in the budget and Mr. Seymour’s (fees) weren’t in the budget,” Scott said. “Let him try to collect it. We’ll let him take it up to his wife at the 10th Circuit (U.S. 10th Circuit Court of Appeals in Denver).” Seymour’s wife, Stephanie, is a 10th Circuit Court judge. Scott’s motion not to pay Seymour any more money passed with one abstention from Councilor Harley Terrell of Park Hill, one of three councilors who represent tribal members in Cherokee County. Councilor Bill Baker said Seymour never worked for the council. Seymour said earlier he was hired by Byrd and Deputy Chief Garland Eagle. Councilors also balked at billings from a Washington firm that was paid more than $620,000 in 1997, although the council only appropriated $300,000 for the firm, Swidler & Berlin. Battles proposed paying the firm an additional $202,845.98 for legal in 1997 and 1998.

Councilors appeared stunned by an additional billing of $73,539.95 that the firm billed the tribe for suing three tribal council members in federal curt. The lawsuit stemmed from the councilors suing the firm in tribal court to recover $15,000 they claimed Swidler & Berlin had over billed the tribe.

The firm alleges the tribal court has no jurisdiction over it and is asking a federal judge to declare the lawsuit frivolous.

Fannie Livingston, a tribal member from Muskogee who attended the meeting, suggested Byrd should have to pay the more than $202,000. Battles said she had planned to pay some of the fees from the administration’s budget.

“I say let it come out of his own pocket,” Livingston said.

Swidler & Berlin’s billing includes more than $25,000 for work done for Byrd involving the constitutional crisis now in its 13th month.

“We need a law to make the council responsible for approving legal contracts for attorneys,” said Councilor Harold R. ‘Jiggs’ Phillips.

Phillips had proposed such a bill in Monday night’s council meeting, but Eagle broke a 7-7 council vote on the motion to kill the bill. The seven who voted against the bill are politically aligned with Byrd.