Copyright © 2000 NLThomas
All Rights Reserved

Tahlequah, OK - Citing procedural and constitutional objections, Principal Chief of the Cherokee Nation Chad Smith vetoed a resolution and two legislative acts on Wednesday. The Tribal Council passed the measures at the last meeting, held Monday, May 15, 2000.

Smith vetoed the resolution to transfer about $25 million in federal housing funds from the Housing Authority of the Cherokee Nation to the tribal council. Smith said, "I think it is important for the Nation to assume its authority under the U.S. Department of Housing and get involved in Indian housing. However, we should take that action in a manner that does not violate our Constitution, interrupt housing services or unnecessarily disrupt the lives of Housing Authority employees." Chief Smith has called a special council meeting for June 5 and proposed legislation that would accomplish the goals of the Cherokee Nation and it's Tribal Council, while providing a period of transition and designating the Nation, not the Tribal Council, as recipient of the federal funds.

At the special meeting, Principal Chief Smith will also ask the council to reconsider Act 10-00, which grants and defines the council's subpoena and investigative procedures. Smith cited constitutional questions as one reason for his veto of this bill. He also objected to a portion of the Act that would grant the council authority to cut off funding to the department or agency of an employee who failed to comply with a council subpoena. "The remedy of freezing the funds of an entire department or agency of the Nation would lead to contractual defaults with vendors and non-payment of employees. This would also disrupt services to the citizens and perhaps violate grant agreements with the federal government." At the special council meeting, Smith invites further discussion with the Council on this subject of the Council's subpoena and investigative procedures.

"We want to work together with the Council on these issues," said Smith. "We have a lot of common goals, but we need to make sure that the best interests of the people of the Cherokee Nation are served when implementing these particular ideas."

Chief Smith also vetoed an Act which appropriated $520,000 to purchase land adjacent to W.W. Hastings Hospital. Smith acted on advice of the Cherokee Nation's Secretary-Treasurer and Controller, who informed him that there is presently only $121,000 of unobligated, unreserved money in the Cherokee Nation's General Fund. Smith fears that if money beyond what is presently available were allocated, the Cherokee Nation might be forced to divert money from clinics and specific health care programs that affect Cherokee citizens.

Further, Pricipal Chief Smith asserts that, lacking a plan for use of the land, the purchase may not be a prudent and economically sound investment. "There has been no investment analysis, environmental impact analysis and no development plan to support this purchase."