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TAHLEQUAH, OK - The Cherokee Nation Tribal Council voted to sustain Principal Chief Chad Smith's veto of legislation that, if overridden, would have thrown the tax-exempt status of non-profit corporations chartered under Cherokee Nation law into question, and voted to reject Smith's nomination of Philip Viles as a Justice in the Judicial Appeals Tribunal, the highest court in the Cherokee Nation.

Viles' nomination had been rejected in the Council’s rules committee, but the Cherokee Nation Constitution states that the nomination of justices must be approved or rejected by the Council, not a committee, so the Council revisited the issue during Monday night’s session.

"This man (Viles) has been a judge for 24 years on the JAT", said Tribal Council member John Ketcher, who voted in favor of Viles. "I cannot abandon a man who would defend our Constitution when it was being attacked."

"I voted for him last time", said Tribal Council member Melvina Shotpouch, who voted against Viles' confirmation. "But I've seen things change."

Viles was rejected by a vote of 9-3, with one abstention.

"I am happy that the full Tribal Council has voted on my nomination of Philip Viles", said Principal Chief Chad Smith. "In accordance with law, I will not re-nominate him for this office."

The Tribal Council voted to sustain Smith’s veto of Legislative Act 12-02, passed in April, which amended the Cherokee Nation non-profit corporations act.

Smith vetoed the legislation, asserting that the amendments passed by the Council would invalidate the non-profit status of the only 501(c)3 corporation currently chartered under the law, the Cherokee Nation Education Corporation. Smith, who was in Washington D.C. on Cherokee Nation business, wrote in his State of the Nation address that, "The Cherokee Nation made headlines across the country for being the first Indian Nation to incorporate non-profit organizations under tribal law, which is a strong symbol of our sovereignty. Overriding the veto would be a step away from exercising that sovereign power."

"I see this becoming a big operation and that bothers me", said Tribal Council member Don Crittenden, who voted to override the veto. Crittenden and others who voted to override the veto asserted that the money given to CNEC are tribal funds and required Council oversight of expenditures.

"There's not going to be any money if we vote to override this", said Tribal Council member Don Garvin. "We could be turning down millions and millions of dollars tonight."

After discussion, the Council voted to sustain the Principal Chief's veto.

In other news, the Tribal Council voted on enrollment legislation that sets criteria for citizens who relinquish their membership in the Cherokee Nation. Under the new law, if a Cherokee gives up their Cherokee Nation citizenship, they are not eligible to re-apply for citizenship status for five years. The law applies only to future relinquishments and does not effect the citizenship status of anyone who has given up tribal citizenship in the past.

The Council also voted to confirm Terri L. Daniels as a board member on the Cherokee Nation Economic Development Trust Authority, W.H. "Bill” Langley, Jr., as a commissioner on the Cherokee Nation Gaming Commission, and John Farris as a board member of the Cherokee Nation Sequoyah High School Board of Education.

The next Cherokee Nation Tribal Council meeting is scheduled for June 10 at 6:00 in the Tribal Council Chambers at the W.W. Keeler Complex, 3 1/2 miles south of Tahlequah on U.S. 62.