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TAHLEQUAH, OK - In an often emotional meeting, the Cherokee Nation of Oklahoma Tribal Council overrode Principal Chief Chad Smith's vetoes of three resolutions passed during last month's meeting.

During his State of the Nation address Smith urged the council to consider their decisions thoroughly. Smith said that the $540,000 the council approved to purchase land adjacent to the W.W. Hastings Hospital isn't currently available in the general fund. "The money just isn't there," said Smith.

Questioning whether funds were actually in place to purchase the property, councilors' main objections also included purchasing land for future expansion of the hospital rather than dealing with the immediate needs of the people.

"I would like to be in a position to purchase it, but the accounting department has presented information that the money is not in the general fund," District 2 Councilor "Jiggs" Phillips said. "We're not authorized to spend money we don't have."

Don Crittenden, District 1 councilor, defended his bill, saying although it was "high dollar land," it would mean purchasing it for future generations.

District 2 Councilor Jackie Bob Martin said the move would take funds away from expansion on clinics in Nowata, Muskogee and Salina, and would cause undo hardships on clients who would have "to do without."

Other councilors said it was obvious from the patient load at Hastings hospital that expansion was going to be needed. They defended the purchase, saying auditors had presented evidence of more than enough revenues to cover the purchase and take care of health care needs of the people.

The council voted 10-4 to override the veto and move ahead with the purchase. District 6 Councilor Stephanie Wickliffe chaired the meeting in the absence of Deputy Chief Hastings Shade and could not vote.

The council overrode the Chief's veto of an Act "granting and defining subpoena and investigation rules and procedures," which would allow the council to conduct necessary investigations and compel attendance of witnesses and production of documents at properly called hearings.

Smith said he was in favor of producing records as needed, but the Act contained a hostile provision which would freeze all assets of an entire department if one employee failed to cooperate. The tribal council would have the authority to freeze funding of any department or agency with the Cherokee Nation if an employee failed to comply with an issued subpoena.

District 1 Councilor John Ketcher said he strongly recommended amendments to the legislation.

"I think we're about to engage in turf building and I don't like demands this Act makes under threat of funds," Ketcher said. "Abuse of power is sure to be a problem. Let us not let the council become the enforcer of law."

Martin and Phillips, who also voted against the Act, said it needed to be fine-tuned.

"I support the concept but I feel the council is taking over some court powers," Phillips said. "We would be determining who is in contempt; that should be left to the judicial court."

With only four voting against the legislation, Ketcher, Phillips, Martin and District 4 Council Don Garvin, the council voted to override the chief's veto.

Citing it constitutional questions, Phillips argued against the council's legislation designating itself recipient of NAHASDA funds normally received by the Cherokee Nation Housing Authority.

The reference to the unconstitutionality of the Act referred to revenues "…to be received by the Cherokee Nation…" in Article X, Sect. 3.

"The constitution requires any funds will be through the Cherokee Nation - the Cherokee Nation - so the resolution is unconstitutional. I don't like passing legislation that clearly violates that," said Phillips.

Phillips said he didn't like the fact that the chief or several council members had not been consulted concerning the legislation.

"I'm for our oversight of the housing authority but changes need to be made," he said.

Council members in favor of overriding the veto stated during discussion that the legislation did not mean to take over the Housing Authority, but that it created a foundation from which changes could be made once passed.

Most of the council members seemed in favor of the concept the legislation but not in the form presented at the meeting. Stating her confusion over financial information given them, Wickliffe called the council's attorney, Todd Hembree, to offer legal counsel. Hembree said tribal jurisdiction over a housing authority had some raised novel points, but he added that if amended he didn't think it posed a constitutional threat.

Smith told the council that he had not been presented with the eight amendments to the earlier legislation until late Monday.

The veto was voted down 10-4, with thirteen of the fourteen council members approving amendments to the legislation after the override. The three major amendments made and approved included the naming Cherokee Nation as recipient of the NAHASDA funds rather than the council, naming the Housing Authority as sub-recipient and that the legislation would not take effect until NAHASDA funding was approved later this year. The amendments were made to make the law conform to the constitution.

In other business, the council approved the following resolutions:

A resolution supporting the request for a Sequoyah High School gymnasium. Grant request amount is $2,000,398 from the Bureau of Indian Affairs - Facility Management Division.

A resolution in support of chartering a tribally controlled community college. This would be a feasibility study guide with information and steps leading up to operational grants.

A resolution requesting disposition of already purchased defibrillators for donation to nine area fire departments. The departments serve as first response agencies for the Cherokee Nation Emergency Medical Services.

A resolution requesting for grant proposal to provide blood lead screening for tribal children.

A request for grant proposal to provide lead awareness educational outreach for tribal children.

A resolution authorizing the exchange of the United States in Trust for the Cherokee Nation Tribal Lands of Jerry and Nita Cochran. This resolution stipulates the Cochrans compensate the tribe $1,700, the difference in the appraised value of the two properties.

A resolution authorizing the election commission to secure an existing election services safety deposit box.

A resolution determining the termination of the Cherokee Nation Gas Authority Trust.

The next meeting of the Cherokee Nation Tribal Council is scheduled for 6 p.m., July 10 at the tribal council chambers.