Copyright © 2000 NLThomas
All Rights Reserved

TAHLEQUAH, OK - Although the issue was not fully resolved, a majority of the Cherokee Nation of Oklahoma's Tribal Council approved legislation on Monday, July 17, 2000 designating the CNO as recipient of Native American Housing Assistance and Self-Determination Act funds, normally received by the Housing Authority of the Cherokee Nation.

The Housing Authority receives more than $25 million in NAHASDA funds annually, which will now go directly to the Cherokee Nation of Oklahoma.

Principal Chief Chad Smith and five members of the council objected to the language in the resolution that provided the council oversight of the housing funds.

A similar resolution was first passed during the council's regular meeting in May, but was subsequently vetoed by the chief on Wednesday, May 24, 2000. The council and chief met on Monday, June 5, 2000 in a special meeting and voted to postpone an issue concerning the Housing Authority being recipient of housing funds until questions in the proposed resolution could be considered.

Chief Chad Smith and his staff proposed their own housing bill entitled "The Cherokee Nation Assisted Indian Housing Program Act of 2000."

"The Cherokee Nation of Oklahoma will delegate and approve housing plans and determine where the money goes. Mainly, this bill establishes a relationship between Cherokee Nation and the Housing Authority," Chief Smith said on Monday, June 5, 2000.

The chief's bill called for the HACN to continue to be the sub-delegate of the housing policy. Chief Smith said he did not change focus and issues of the bill completed by council. Smith called for council to allow for a transition period and said his concerns are for the 281 families who would be affected by any changes at the housing authority.

The council further discussed the housing issue during its regular meeting on Monday, June 12, 2000. During that meeting the council voted 10-4 to override Chief Smith's May 24 veto but amended the resolution to make the Cherokee Nation of Oklahoma recipient of the NAHASDA funds with the Housing Authority as sub-recipient.

The CNO's Chief said he wanted the HACN to remain autonomous and wanted the housing issue resolved in order to complete a housing plan due to the Housing and Urban Development by Saturday, July 1, 2000.

On Monday, June 19, 2000, Chief Smith again vetoed the resolution. In a letter to the council he said the revisions went "a long way toward resolving most of the constitutional objections" he had vetoed before, but the resolution "again sets forth a provision that violates the constitutional mandate of 'separation of powers' set forth in Article IV of our Constitution."

Chief Smith specifically objected to housing funds being subject to the review and approval by the council's executive and finance committee prior to disbursement. Smith said it violated Article VI, Section 9, that states "the principal chief shall cause the laws of the Cherokee Nation to be faithfully executed" and that "the chief shall conduct all communications and business of the Nation."

The chief said the Cherokee Constitution clearly mandates the "separation of powers" of the "three branches of government."

"A law vesting a committee of the tribal council with the authority to approve all disbursements of NAHASDA funds violates the constitutionally mandated separation of powers", Chief Smith said.

The council reconvened again in a special community development committee meeting on June 24, to unanimously accept the housing resolution amended on Wednesday, June 12, 2000. Before legislation or amended legislation goes before the full council, it must be passed through the proper committee.

Before voting again on the housing resolution, during its regular meeting on Monday, July 17, 2000, the council discussed it in length and overrode Chief Smith's Wednesday, June 19, 2000 veto by a vote of 10-5. Councilors voting against the resolution were Don Garvin, Dist. 4; John Ketcher, Dist. 1; Jackie Bob Martin and Harold "Jiggs" Phillips, Dist. 2; and Stephanie Wickliffe, Dist. 6. Voting for the resolution were Don Crittenden, Dist. 1; Mary-Flute Cooksey and David Thornton, Dist. 3; Barbara Starr Scott and Melvina Shotpouch, Dist. 5; John Keener, Dist. 6; Harold DeMoss, Dist. 7; Dorothy Jean McIntosh and Nick Lay, Dist. 8; and Charles Hoskin, Dist. 9, who was absent but voted by proxy.

Principal Chief Chad Smith said he was appreciative of the ongoing dialogue regarding housing and that he and the council "can disagree but go on with business", but he again informed the council of his constitutional objection to the resolution. "When you appropriate money, it's my duty to disperse it so it doesn't breach the separation of powers", he said.

Chief Smith also objected to the resolution's language that allows only the executive and finance committee instead of the full council to disperse NAHASDA funds, which is a further violation of the constitution.

"What it does is create a nightmare because if you were to actually bring all disbursements to the executive and finance committee. They would be there 40 hours a week approving checks and vendor payments", Chief Smith said.

The attorney for the tribal council, Todd Hembree, said it is not the intent of the council to have oversight of all expenditures, but to have budget authority.

Dist. 2 Councilman Harold Phillips agreed that the council needs to have oversight over the Housing Authority, but it was not wise for the council to pass legislation that is "clearly against the constitution." Phillips stated, "That's bad government."

"I don't think it's a bad piece of legislation, and I think the chief's veto is holding things up," Dist. 5 Councilor Barbara Starr Scott said.

Dist. 1 Councilman John Ketcher said, "It seems the council is trying to micro-manage" the tribe.

Hembree told the council they should override the chief's veto and that the resolution could be amended again later.