Court orders new chief vote

Transcription

Court orders new chief vote
Safety first
Entrepreneurship
People need to plan ahead and take
responsibility for their safety when visiting
the Illinois River. HEALTH, 12
The tribe hosts a camp to allow
students to create business plans and
market products. EDUCATION, 13
cherokeephoenix.org
•
Celebrating 183 Years of Native American Journalism •
August 2011
Court orders new chief vote
Justices say no winner
could be mathematically
determined.
BY CHRISTINA GOOD VOICE
Senior Reporter
TAHLEQUAH, Okla. – The Cherokee
Nation Supreme Court on July 21 effectively
ordered a new principal chief election after
invalidating all counts in the disputed
race because justices couldn’t determine a
“mathematically certain” winner.
“It is therefore ordered by the court that
all certifications of the Cherokee Nation
Election Commission concerning the 2011
General Election for the Office of Principal
Chief of the Cherokee Nation are vacated
and held for naught,” the order states.
The ruling came after an appeal hearing
of the election that stretched from July
8-19. During the hearing, the court ordered
an evidentiary recount of all ballots cast in
the race. That count finished July 17 with
Principal Chief Chad Smith ahead by five
votes – 7,627 to 7,622.
Smith filed the election appeal July 5
after a certified recount of the election had
…all certifications of the Cherokee Nation Election
Commission concerning the 2011 General Election for
the Office of Principal Chief of the Cherokee Nation
are vacated and held for naught.
– Supreme Court order
his challenger, Tribal Councilor Bill John
Baker, winning by 266 votes. The recount
took place June 30 with Baker receiving
7,613 votes to Smith’s 7,347.
On June 27, Smith was certified the initial
winner after the Election Commission
canvassed the votes and found that 20 votes
Crittenden certified as
deputy chief-elect
had been undercounted for Smith. Smith
won with 7,609 votes to Baker’s 7,602. A
day earlier, Baker led with unofficial vote
totals by 7,600 votes to Smith’s 7,589. The
unofficial numbers followed an election
See Chief, 5
Winners in
final 3 council
races certified
David Walkingstick and
Dick Lay join the Tribal
Council, while Jodie
Fishinghawk wins a
second term.
BY CHRISTINA GOOD VOICE
Senior Reporter
A supporter hugs Deputy Chief-elect Joe Crittenden minutes after he receives a copy of the certified results on July 24 at the
Election Services Office. He will be sworn in on Aug. 14. WILL CHAVEZ/CHEROKEE PHOENIX
S. Joe Crittenden is
certified as the winner
of deputy chief’s race on
July 24.
BY WIll CHAVEz
Senior Reporter
TAHLEQUAH, Okla. – Tribal Councilor
S. Joe Crittenden has been certified the
deputy chief-elect of the Cherokee Nation
after defeating fellow Councilor Chris
Soap in the tribe’s July 23 runoff election.
The CN Election Commission certified
elections results around 10:30 a.m. the
morning after the runoff vote. Along with
Crittenden, the EC also certified three
council races with David Walkingstick
winning Dist. 1, Seat 3 and Jodie
Fishinghawk winning Dist. 2, Seat 3. Dick
Lay won Seat 2 in Dist. 4.
Only three of the four commissioners
were present to certify the election: Patsy
Eads-Morton, Brenda Walker and Curtis
L. Rohr. Commissioner Martha Calico
was absent.
Normally, the EC is comprised of five
commissioners. However, EC Chairman
Roger Johnson resigned on July 5.
Crittenden and his supporters gathered
early around the Election Services Office
on July 24. Some of them, including
Crittenden, camped at the office after the
See Deputy, 5
TA H L E Q UA H ,
Okla. – According
to certified results,
the three remaining
Tribal Council seats
for the 2011-15 term
were filled July 23
in the tribe’s runoff
election with two
new faces joining the
legislative body and
an incumbent earning
a second term.
According to the
Election Commission’s
certification on July 24,
David Walkingstick
became the councilor
for Seat 3 in Dist.
1 with 1,886 votes
to challenger Mark
Vance’s 827 votes.
Walkingstick, who
held a watch party at
the CN Osiyo Training
Room, said he had a
lot of people to thank
for their support along
the campaign trail.
“First of all, I want
to thank God for all
of this and all my
supporters, and all
the people that have
Jodie
Fishinghawk
Dick Lay
David
Walkingstick
See Council, 8
Ruling says Keetoowah
Tribe looks to enter energy
casino not on Indian land market with Sallisaw plant
The casino has operated
for 20 years while the
the question of its legal
status was tied up in
federal court.
TAHLEQUAH, Okla. (AP) — Federal
officials have ruled that a Tahlequah
casino operated by the United Keetoowah
Band Indian tribe is not on Indian land,
referring the matter to state officials for
possible action.
The casino has been operating for 20
years while the question of its legal status
remained tied up in federal red tape, court
cases and disputes between the UKB tribe
and the Cherokee Nation.
Tracie Stevens, chairwoman of the
National Indian Gaming Commission,
sent the letter Thursday to UKB Chief
George Wickliffe, Principal Chief of the
Cherokees Chad Smith and Attorney
General Scott Pruitt.
Stevens’ letter reviews an 11-year history
of legal disputes over whether the casino
exists on Indian land and concludes: “The
gaming site is not currently Indian land
eligible for gaming” under federal law.
Stevens’ letter states that a decision in
May by the Bureau of Indian Affairs to
take a separate parcel of land into trust for
the UKB has no impact on the casino land
ruling. The parcel would be the first piece
of land placed in trust for the previously
landless tribe.
See Keetoowah, 8
The Cherokee Nation
wants to construct a
hydroelectric power
plant on the Arkansas
River.
BY CHRISTINA GOOD VOICE
Senior Reporter
TAHLEQUAH, Okla. – The Cherokee
Nation is one step closer to building a $140
million hydroelectric power plant near
Sallisaw in Sequoyah County after the
U.S. House Natural Resources Committee
unanimously approved legislation July 20.
The CN got an exclusive right to build
a power plant on the Arkansas River at
the W.D. Mayo Lock and Dam in 1986,
but it wasn’t economically feasible for the
tribe to do so until recently, said former
Principal Chief Ross Swimmer.
The tribe says changes need to be made
to the 1986 law to make the project work.
Swimmer said the original law required the
tribe to transfer ownership of the power
plant to the Army Corps of Engineers
to operate and maintain, and required
Southwestern Power Administration to
market the electricity generated by the
planned 30-megawatt facility.
But the tribe wants to be able to sell the
power itself. Swimmer said the CN must
retain ownership of the plant in order to
obtain financing for the project.
“We’re trying to amend the 1986 bill, and
See Energy, 3
2 Cherokee Phoenix • August 2011
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2011
State parks within CN face uncertain future
BY TESINA JACKSON
Reporter
TAHLEQUAH, Okla. – On Aug. 15, two
Oklahoma parks located in the Cherokee
Nation’s 14-county boundary are expected
to close due to budget cuts.
However, possible agreements between
the state and organizations willing to pay
for the parks’ operations may keep the
Adair State Park in Stilwell and Eucha State
Park in Jay open.
Brushy Lake State Park in Sallisaw was
on the chopping block earlier this year, but
Sallisaw officials said they would assume
its operations to keep it open.
“Right now, we’re still in negotiations and
so until we have any signed agreements
we don’t feel it’s appropriate to comment,
but we’re confident that all three will stay
open,” Leslie Blair, Oklahoma Tourism and
Recreation Department public information
officer, said.
Adair State Park contains several
baseball fields, playgrounds and a fishing
pond. It also allows camping. It has been
operated by Stilwell with the state helping
with maintenance.
A small picnic area and swimming pool
are expected to close at Eucha State Park.
The seasonal park is a day-use park and
only opened if it’s reserved or rented.
Although the futures of those two state
park are uncertain, it is certain that the
city of Sallisaw will assume operations of
Brushy Lake State Park. Sallisaw owns the
land and has leased it to the state.
The park’s lake serves as Sallisaw’s water
supply while offering swimming and fishing.
“Yes, we are taking over operations of that
park on Aug. 16,” Sallisaw City Manager
Bill Baker said. “We own that property.
The city had been leasing it to the state
of Oklahoma for a little over 40 years. So
we own the park and our city commission
opted to go ahead and keep it open and the
city will operate it.”
Baker hopes for a seamless transition and
that people utilizing the park won’t know
there’s been a change. The only change will
be removing the word “State” from signs.
Several factors key into keeping a park
open such as operating expenses, liability
insurance, workman’s compensation
insurance, maintenance costs and
equipment costs.
Baker estimated the cost of running the
park will be $100,000 per year.
“When you add $100,000 to your budget,
A family spends its evening fishing at Adair State Park in Stilwell, Okla. The park is expected to close Aug. 15 because of a state
budget crunch. TESINA JACKSON/CHEROKEE PHOENIX
that you didn’t have previously, it does
create a strain,” he said. “I would say a year
ago with the economy the way it was and
our sales tax being down, I don’t know if
we could’ve kept the park open. But our
economy and our sales tax have recovered
fairly well and we were able to get it into
the budget this year. There will be some
revenue generated, approximately $30,000
a year so that will offset the cost.”
Baker said Sallisaw’s mayor gave a letter
to CN officials several months ago during
a public meeting at Blue Ribbon Downs
in Sallisaw. The letter asked the tribe for
financial aid to keep the park open.
“There was an indication that the
Cherokee Nation would help support
that facility, to keep it open, that it was
important to the region, and so the
mayor has followed that up with a letter
to the chief (Chad Smith), and we’re
hoping to get some support because it is
difficult for a city to take on a $100,000
additional cost,” he said.
However, CN Management Resources
Group Leader Angela Drewes said the tribe
hasn’t received a formal request for assistance
in keeping the Brushy Lake Park open.
“The chief did attend a meeting at Blue
Ribbon Downs in Sallisaw that was put
together to specifically to discuss the future
of the parks. And at that time the city of
Sallisaw was not requesting assistance
from the Cherokee Nation,” she said.
But she said the tribe would aid the city
with the park if necessary.
“In a recent edition of the Sallisaw paper,
there was an article stating that the city
of Sallisaw will continue to operate the
park. I do know that Chief Smith extended
assistance to the city if it is needed.”
Drewes added that the CN is
coordinating information with county and
city officials about the three parks. Also, the
tribe is looking at who owns the properties,
what type of aid is requested, who has
the capability to contribute, park-related
expenses, manpower needs and specifics of
how the parks will be operated.
“We have been awaiting a return call
from the City of Tulsa’s mayor to discuss
what their plan is,” Drewes said regarding
Eucha State Park. “The mayor of Jay did
not have the ability to fund the upkeep and
maintenance of the park and it is outside of
the city limits.”
Eucha State Park is controlled by Tulsa
and serves as the city’s water supply.
Regarding Adair State Park, the CN
has been working with state Rep. William
Fourkiller and county Judge Elizabeth
Brown on the possibility that Stilwell,
Adair County and CN play a role in
keeping it open.
[email protected]
• 918-453-5000, ext. 6139
Energy
from front page
Located in the showroom of Stuteville Ford in Tahlequah, Okla., is Cherokee Nation citizen Jerry Catron’s handmade canoe
that is to be auctioned to raise money for the Cherokee County Humane Society. JAMI CUSTER/CHEROKEE PHOENIX
Canoe built for humane society fundraiser
BY JAMI CUSTER
Reporter
TAHLEQUAH, Okla. – Cherokee
Nation citizen Jerry Catron recently
finished building a 21-pound canoe
out of Cedar and Cyprus woods. But
don’t look for him in it on the Illinois
River. He’s putting it up for auction with
the proceeds benefitting the Cherokee
County Humane Society.
“I had built a couple of boats in my
lifetime, and I felt like building a cedarstrip canoe would be a challenge and it
proved to be correct. Over the winter it
was just sort of a challenge, a labor of
love,” he said. “It’s a rugged little thing.
It’s a beautiful little boat and it does float
well and it’s a fast little rascal.”
Catron said his loves for woodworking
and animals are what made himwork140
hours to finish the canoe. Recently, his
dog Snert died. Snert was a rescue animal,
and Catron said building the canoe was a
way to honor his dog’s memory.
“Being that Snert was a little rescue
animal and he and I were joined at the
hip for 13 years, I just felt like it was
important to support them (humane
society). And I felt like that possibly
this little canoe would bring them a
dollar or two.”
Shane and Cindy Lea Sellers, of Lakes
Country 102.1 in Tahlequah, said that it’s
wonderful that Catron was helping the
humane society. They too offered their
help in auctioning the canoe.
“The last project that Jerry and Snert
worked on together was the beautifully
handcrafted canoe. Jerry was talking
with me one afternoon and said ‘you
know what, I’d like to give this canoe to
the humane society so they could raise
some money for the animals.’ And I just
freaked, and was like ‘no way’ because the
humane society is in desperate need of
funds,” Cindy said.
The Cherokee County Humane
Society is a volunteer organization that
works solely by donations. And, Cindy
said, donations have been down this year.
“Jerry thought this would be a great
way to give back to the animals and help
out the animals and he doesn’t want
anything,” she added.
Catron said the society doesn’t work
on a state-supported budget so it needs
all the help it can get.
“The humane society does a wonderful
job at rescuing animals unwanted,
mistreated, abused animals,” he added.
“I think more people should support the
humane society.”
The canoe is on display at Stuteville
Ford in Tahlequah for interested bidders
to view. The high bidder at 12:45 p.m.
on Aug. 12 will be the owner of the new
canoe, Cindy said.
“And we (Lake’s Country 102.1) will
be doing that live at Stuteville Ford,” she
added.
Those interested in bidding can
visit www.lakescountry102.1.com and
request a bid number. A bid number will
be assigned and then bidders can place
their bids. The highest bid will be posted
on the website.
According to the humane society,
animal overpopulation in the Tahlequah
area is high.
Shaun West, humane society vice
president, said he group currently
houses more than 125 dogs and more
than 25 cats.
The society constantly looks for
volunteer and people interested
donating to the organization. For
more information, call the humane
society at 918-458-1147 or email info@
humanecherokeecounty.org.
[email protected]
• 918-453-5560
we’ve been doing some feasibility studies,”
he said. “The tribe would get some benefit,
but we can’t do anything to move further
until we get the legislation amended.”
Swimmer testified in June before a
Natural Resources subcommittee on
the Cherokee Lock and Dam bill, which
would make the two needed changes
before the tribe builds the plant. After
clearing the committee, the bill now goes
to the Transportation and Infrastructure
Committee.
Principal Chief Chad Smith said the
project is a win-win situation.
“It’s a commitment to green energy. And
it will employ 200 people in the Sequoyah
County area for up to three years,” he said.
Swimmer said the project would have
immediate benefits for the CN and its
citizens.
“Between 150 and 200 jobs will be
created during construction,” he said.
“There will be maintenance jobs afterward.
It will generate 30 megawatts of renewable
energy, in which several thousand homes
will be powered.”
Smith said the reasons the project
is just now at the feasibility point are
current costs of power and the potential
renewable energy.
“Our effort is to work with Congress
to make some administrative changes to
our exclusive right to build,” he said. “If
Congress passes it, we’ll be a few months
off from beginning it. It’s just a major
construction project that will stimulate
the economy. This is a commitment to
green energy and jobs that are desperately
needed for our people.”
[email protected]
• 918-207-3825
We’re trying to amend
the 1986 bill, and
we’ve been doing some
feasibility studies.
– Ross Swimmer,
former principal chief
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2011
August 2011 • Cherokee Phoenix 3
4 Cherokee Phoenix • August 2011
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2011
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2011
Chief
from front page
night when the EC had to determine
whether to accept more than 250
challenged ballots.
“Throughout this election, every time
all the ballots were properly counted
and tallied, I had the most votes,” Smith
said. “Because my margin of victory was
so narrow, the court has decided a new
election is required. I welcome the new
election, and I’m confident that when
the ballots are counted after the new
election, I’ll still have the most votes.”
Baker said he wants to thank all
Cherokees who voted in the last election.
“By Cherokee law the chief determines
the next election date,” Baker said.
“Chad Smith must not continue to cling
to power and put himself before our
Nation. He must call for a new election
immediately.”
Baker said that since Smith’s term
ends Aug. 14, he proposes holding the
election Aug. 13.
“I look forward to continuing my
discussion with our Nation’s amazing
people,” Baker said. “We will come out
of this stronger, and as your next chief,
I can promise you we will break up the
power structure and a system that must
be changed.”
According to CN election law, in
the event that on appeal the Supreme
Court rules that an election for a
particular office is invalid, the Election
Commission chairperson shall notify
the principal chief of said decision.
August 2011 • Cherokee Phoenix 5
“The principal chief shall then order
a new election to be held as soon as
practical between the same candidates
that participated in the election with the
invalidated election results, provided
that any candidate found guilty of fraud
shall not be a candidate in the new
election,” the law states.
CN Attorney General Diane
Hammons further clarified the law.
“Our Supreme Court did exactly
what the law dictates that they
should do – they found there was not
sufficient mathematical certainty in
the election results, so they invalidated
the election for the principal’s chief ’s
race,” Hammons wrote. “It is now up to
the Election Commission to notify the
chief, who will set a date for the new
election, as provided for in the statute.
The Election Commission has the duty
to run the election and prescribe all the
procedures for it.”
She added that the court was aware of
the statutory requirements and followed
them to the letter.
“To do more could have violated the
separation of powers and interfered
with one or more of the other branches
of government,” she wrote.
As of press time, Smith had not set a
date for a new election. If the election
follows the tribal constitutionally
mandated inauguration day of Aug. 14,
then Deputy Chief-elect Joe Crittenden
would temporarily serve as principal
chief until either Smith or Baker is duly
elected.
[email protected]
• 918-207-3825
Deputy chief to assume principal
chief seat if no winner by Aug. 14
BY TRAVIS SNEll
Assistant Editor
TAHLEQUAH, Okla. – According to
an opinion issued today by the Cherokee
Nation Attorney General’s Office, if the
principal chief ’s seat is vacant when
Principal Chief Chad Smith’s term ends
on Aug. 14, the current deputy chief would
assume the principal chief ’s position.
Tribal Councilor Chuck Hoskin Jr.
recently posed the question to Attorney
General Diane Hammons with regards
to the disputed principal chief ’s race
between Smith and Tribal Councilor Bill
John Baker.
The CN Election Commission certified
Smith as the initial winner in the chief ’s
race on June 27. Baker then filed for a
manual recount, which he won on June
30. Smith appealed the election to the
Supreme Court on July 5. After a lengthy
hearing, the court on July 21 ruled that
a winner could not be determined with
“mathematical certainty” and invalidated
all counts in the race.
As of press time, a date for a new
principal chief ’s election has not been set.
However, the CN Constitution states that
all elected officials are to be inaugurated
on Aug. 14.
According to Hammons’ opinion, if no
winner has been decided in the principal
chief ’s race by Aug. 14, a temporary
vacancy in the principal chief ’s office
is created and must be filled by the
temporary assumption of that office of by
the deputy chief.
“Although the Constitution does not
specifically address the present situation
– a second election for the Principal
Chief, where the first one was held to be
invalid – it does contemplate temporary
disabilities,” the opinion states. “We believe
that the gap between the end of the present
four year term, which expires August. 14,
2011, and the time that the new election
is finally concluded and the next Principal
Chief takes the oath of office represents
a ‘temporary disability’ which should be
filled by the Deputy Principal Chief under
the provisions of Article VII, Section 4.”
Hammons’ opinion also states that
unlike Tribal Council seats, there is no
hold over provision for the principal or
deputy chief positions, in which Smith
would be allowed to keep the office until a
successor is duly seated.
“In other words, given that the framers
of the Cherokee Constitution specifically
included a hold over provision for the
Tribal Council, but not for the Principal
Chief, it is assumed that the exclusion was
intentional, and that therefore, hold over
is not available to the Principal Chief,” the
opinion states.
Currently, Joe Grayson holds the office
of deputy chief. However, his term ends on
Aug. 14 as well. Tomorrow’s runoff election
will decide who the next deputy chief will
be. Tribal Councilors S. Joe Crittenden
and Chris Soap are vying for the spot after
being the top two vote-getters in the June
25 general election.
[email protected] • 918-453-5358
Timeline for disputed principal chief race
JUNE 25: The general election is held
with voters voting at 39 precincts and by
absentee ballots.
JUNE 26: The Election Commission
unofficially has Tribal Councilor Bill John
Baker leading by 11 votes – 7,600 to 7,589.
A total of 15,189 votes are tallied.
JUNE 27: After canvassing the votes,
the EC certifies Principal Chief Chad
Smith as the winner of the principal
chief ’s race with 7,609 votes to Baker’s
7,602 votes. Twenty-two votes are added
to the complete vote count. Election
Commissioner Curtis L. Rohr later says
the change occurred because on an
absentee ballot tally sheet he wrote 37
when it should have been 57.
Baker announces he will seek a recount of
votes for principal chief.
JUNE 28: Baker files a petition for
emergency injunctive relief with the
tribe’s Supreme Court to investigate
how the unofficial June 26 results were
overturned. He asks the EC to release
copies of the Election Certificates of Vote
with the certified election results for each
individual district and absentee ballots.
He also asks for documents detailing the
changes that occurred between the time
the unofficial results were announced and
the time Smith was certified the winner
on June 27.
JUNE 29: The EC files a motion to dismiss
Baker’s request for injunctive relief. The
same day, the Supreme Court orders the
EC to turn over documents requested by
Baker. Baker files for an official recount of
the principal’s chief race.
JUNE 30: EC clerk Joyce Gourd testifies
at a preservation-of-ballots hearing that
the vault containing ballots was opened
twice the morning of June 27. She states
Automated Election Services President
Terry Rainey entered it twice. Rainey
testifies he entered the vault twice and
removed absentee ballot results. AES
is the independent election service
company that helped conduct the general
election. The Supreme Court orders a
recount to begin that afternoon at the EC
Deputy
from front page
runoff election because the EC refused to
certify the results until that morning.
Commissioners announced they would
return at 9 a.m. to certify the election,
which was met by protests from Crittenden
supporters waiting for the certification.
The commissioners left the office under
CN marshal and security escort and would
not comment on why they didn’t certify the
results immediately following the election.
“It was about 1 o’clock when we found
out they weren’t going to certify it.
Everyone was wound up and excited, and
it was hard for people to just go home and
office in order to meet the July 1 deadline
for conducting a recount. The recount
begins at approximately 4 p.m. and ends at
approximately 9:30 p.m. Baker is certified
the winner with 7,613 votes to Smith’s
7,347 votes.
JULY 9: The court allows the release
of EC information containing the CO
or tribal identification numbers of
everyone who voted in the election. The
list is made available for Smith’s team
to investigate whether non-Cherokee
citizens voted June 25. In testimony,
recount ballot counters testify that they
saw no wrongdoing or errors being made
on June 30 and that ballots were counted
following procedures communicated by
the EC.
JULY 12: The Supreme Court orders a
recount of all ballots cast in the general
election to begin July 16. Again, the court
states it would supervise the count and
both parties will observe. The court states
that the recount is to gather evidence in
the hearing concerning Smith’s appeal.
JULY 17: The recount recommences at
8:30 a.m. and concludes around 9:30 p.m.
Smith states to the media that he is ahead
in the count by five votes as he leaves. The
court issues a gag order regarding the
recount totals.
JULY 7: Baker files a motion with the
Supreme Court to intervene in Smith’s
appeal. He states he is an interested party
because the election results, recount and
appeal directly impact his interests as
chief-elect.
JULY 10: Supreme Court justices hear
testimony by Automated Election Services
President Terry Rainey that he entered
the EC vault on June 27 and removed
envelopes. One envelope contained a
tally sheet for the principal chief ’s race.
He testifies he “annotated” the tally sheet,
changing a number from 37 to 57 to
properly reflect the tallied count. The 20
additional votes, one of Baker’s attorneys
alleges, changed the principal chief ’s race
and allowed Smith to win with 7,609 votes
to Baker’s 7,602 votes. The previous totals
were 7,600 to 7,589 in Baker’s favor. The
court orders a comparison of the names
of 15,286 voters in the general election
with the 300,000-plus tribal registration
to verify citizenship. The court recesses
its proceedings after it orders the EC
to count all outside absentee ballot
envelopes. The court supervises the count
and both campaigns observe it. Following
the counting of envelopes, the court
orders the counting of all absentee ballots.
A hand-written agreement is signed
by both campaigns after the counts are
done stating that there are 6,191 absentee
ballots and 6,166 outside absentee ballot
envelopes. According to the two counts,
there are 25 more absentee ballots than
outside envelopes and 26 less envelopes
than the 6,140 figure provided by AES.
JULY 8: The Supreme Court begins
hearing testimony regarding the conduct
of the election and recount. The four
remaining commissioners – Brenda J.
Walker, Patsy Eads-Morton, Martha
Calico and Rohr – testify that the recount
procedures were done correctly but that
they believe the recount results are wrong.
JULY 11: Smith holds a press conference
and calls the June 30 recount “fatally
flawed” and maintains that all of his votes
were not counted. Baker accuses Smith of
trying to steal the election, stating Smith
clearly lost the election but refuses to “do
the honorable thing and concede.”
go to bed,” Crittenden said. “The Election
Commission had a tough job. We just went
through a mess a month or so ago (June 25
general election), and people are watching.
I felt like it (certification) would happen.
The people spoke and there was a clear
margin of victory.”
The certified results show Crittenden,
who is currently serving as Tribal Councilor
for Dist. 2, received 6,478 votes, or 53.17
percent of the votes, to Soap’s 5,706 votes
or 46.83 percent.
Soap, who will be finishing his first
council term on Aug. 14, congratulated
Crittenden on his victory, saying “it looks
like the voters have chosen a different
direction for the Cherokee Nation.”
Crittenden said during his campaign he
heard repeatedly from Cherokee people
that they were ready for change and that
the tribe needs it.
“I think that’s what happened. It’s not
so much me as people wanting a change,”
Crittenden said. “I hope to be a part of that
change for the good.”
In the general election, Soap received
6,993 votes, or 46.5 percent of the vote,
while Crittenden received 5,465 votes or
36.4 percent. Because neither candidate
received more than 50 percent of the
vote, tribal election law states that the
top two vote-getters must face each
other in a runoff.
All elected officials are to be sworn in
Aug. 14 in Tahlequah.
However, the other seat in the tribe’s
administration is still up for grabs, as a new
election for principal chief must be called
JULY 1: The Supreme Court holds a
closed meeting to discuss the results of
the recount. The judges affirm the EC’s
certified results and refuse to hear any
arguments regarding the recount until an
appeal of the recount is filed. Smith files a
petition asking the court to order the EC
to “complete” the recount using machines
and alleges all votes cast in the principal
chief’s race were not counted during the
recount.
JULY 5: Smith files an official election
appeal with the Supreme Court asking
it to vacate the certified June 30 recount
results. The court sets a hearing for July
8 to hear all arguments regarding the
general election. EC Chairman Roger L.
Johnson resigns from the commission,
stating that media outlets tarnished his
credibility and reputation.
JULY 6: Baker responds to Smith’s appeal,
stating Smith’s assertions are “without any
legal support” and “frivolous.” Smith’s legal
team asks the court to compel the EC to
release a list of everyone who voted in the
general election because he is concerned
that non-CN citizens voted. He provides
a list of 149 people he says weren’t eligible
to vote in the election because they
relinquished their CN citizenship.
JULY 16: Recount of all ballots begins
with the court supervising. The process
moves slowly and is called for the night
around 11 p.m.
JULY 18: Justices issue an order to
reconvene the hearing at 6 p.m. July 19
and gives both campaigns until noon that
same day to file any motions, briefings or
pleadings.
JULY 19: Baker files three motions, two
dealing with absentee ballots and one
asking the court for a new election if they
reject his motion to remove approximately
50 “spoiled” or “altered” ballots from the
election totals. Smith motions for the
court to certify the July 16-17 count of all
ballots and name him the winner of the
race. At the hearing, justices refuse to hear
any more testimony and ask both sides
to give closing arguments. They also call
EC attorney Lloyd Cole to the stand and
ask him if another election could be held
before the Aug. 14 inauguration. Cole says
yes and the court adjourns the meeting
without giving a decision. Court issues
the evidentiary count numbers: 7,627
for Smith and 7,622 for Baker, including
challenged ballots.
JULY 21: The Supreme Court issues
an order invalidating all results in the
principal chief’s race for the general
election, citing that a winner couldn’t be
determined with “mathematical certainty.”
– WILL CHAVEZ
after the CN Supreme Court threw out the
disputed principal chief ’s election on July
21. No date has been set for a new election.
Tribal Councilor Bill John Baker is
challenging incumbent Chad Smith for the
principal chief seat.
If no candidate has been elected as
principal chief by Aug. 14 and that
seat remains vacant, Crittenden would
temporarily take the chief ’s post that day
until a chief is duly elected, according to
the CN attorney general.
Also, a special election will need to
be called to determine Crittenden’s
replacement on the council.
[email protected]
• (918-207-3961
6 Cherokee Phoenix • August 2011
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2011
Talking Circles
Smith ad stirs emotions
August 2011
Bryan Pollard
Executive Editor
(Cherokee)
Travis Snell
Assistant Editor
(Cherokee)
Will Chavez
Senior Reporter
(Cherokee/San Felipe Pueblo)
Christina Good Voice
Senior Reporter
(Muscogee/Choctaw/Rosebud Lakota)
Jami Custer
Reporter
(Cherokee)
Tesina Jackson
Reporter
(Cherokee)
Emily Turner
Reporter
(Cherokee)
Craig Henry
Multimedia Producer
(Cherokee)
Mark Dreadfulwater
Media Specialist
(Cherokee)
Roger Graham
Media Specialist
(Cherokee)
Nicole L. Hill
Advertising Coordinator
(Cherokee)
Dena Tucker
Administrative Officer
(Cherokee)
Joy Rollice
Secretary
(Cherokee)
Adam Brewer
Distribution
(Cherokee/Oglala Sioux)
Anna Sixkiller
Linguist
(Cherokee)
Editorial Board
Dan Agent
(Cherokee/Choctaw)
John Shurr
(Cherokee)
Jason Terrell
(Cherokee)
Robert Thompson III
(Cherokee)
Gerald Wofford
(Cherokee)
Cherokee Phoenix
P.O. Box 948
Tahlequah, OK 74465
(918) 453-5269
FAX: (918) 458-6136
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www.cherokeephoenix.org
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Published monthly by the Cherokee Nation with offices
at the W.W. Keeler Tribal Complex, Tahlequah, Okla.
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Mail subscriptions and changes of address to the Cherokee Phoenix, P.O. Box 948, Tahlequah, OK 74465, phone (918)
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by writing to Back Issues, Cherokee Phoenix, P.O. Box 948,
Tahlequah, OK 74465; or calling (918) 453-5269.
Copyright 2011: The entire contents of the Cherokee Phoenix are fully protected by copyright unless otherwise noted
and may be reproduced if the copyright is noted and credit is
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responsibility for the publication and return of such material.
Please query by telephone or mail before sending copy and/
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Obituaries will be published at a cost of 10 cents per word
for the first 150 words and 20 cents per word for each additional word. We do not invoice obituaries. They must be
pre-paid at the time of submission.A photo may be placed
with the obituary for an additional $5.00 and will be returned
if you include a self-addressed stamped envelope with the
photo and your payment.
The Cherokee Phoenix also publishes an In Memoriam
section at no cost to families to honor Cherokee citizens who
have recently passed away. That section includes the name
of the deceased; age; birthplace and date of birth; place and
date of death; and occupation.
Oklahoma Press
Association
Native American
Journalists Association
In the May edition of the Cherokee Phoenix, Principal Chief
Chad Smith and Tribal Councilor Chris Soap had a two-page
campaign advertisement featuring more than 3,000 Cherokee
Nation employees. As an employee listed in this advertisement,
I want to make it clear that I am absolutely not supporting
either of the candidates. Furthermore, I believe the listing of my
name is a violation of my rights as a person and an employee.
The use of employee names under the disguise of a “Thank
you” is clearly an insincere attempt to counter back at their
opponent. The CN Human Resources Department adamantly
denies it provided the list of names and states the information
used is easily accessible to all employees. That may be true, but
one would think it is for the purpose of work-related issues.
Not so that we can all be listed in a campaign advertisement
without our consent or knowledge. HR also insists that even
though our names and years of service are listed “it is not an
employment or HR issue.” I was also referred back to the HR
policy regarding “Political Involvement,” which repeatedly
makes various statements followed by the phrase “except as
approved by the Cherokee Nation Government.” Having no
recourse through my employer and fighting through the tribal
court system, which is composed of judges “approved by the
Cherokee Nation Government,” leaves little hope for the
employee to receive justice.
Portia Kelley
Claremore, Okla.
Baker backer
The Cherokee Nation has made great strides in the past 30
years due to the expansion of services to those with Cherokee
blood. Make no mistake. This growth we are experiencing with
satellite health clinics, expansion of facilities at W.W. Hastings
Hospital and putting tag offices in other key communities within
the Nation will not stop with the election of a new chief.
We are going to continue to improve our services and facilities.
It is required because so many more people are eligible for
services. It is possible because more money is coming in from the
U.S. government. It is not because Chad Smith has been in office.
He would like to take the credit of all of it though.
He can, however, take credit for our losing a great deal of
housing monies by stopping the building of Cherokee homes.
The down payment program in a bad housing market does not
meet the needs of Cherokees with low incomes. With housing
prices high due to low interest rates, our best bet is to have our
people build houses for our poor and disabled. This will put our
housing program back on track to help our people. Cherokee
Nation Businesses can set up a construction company to build
our houses using our architect and our people who work in the
housing trades. It will also keep our money within our tribe. A
chief who cares about his people rather than himself would have
had the housing authority remodel and repair those homes so his
people would be able to have a home.
Paul Braun
Tahlequah, Okla.
The Cherokee Phoenix reserves the right to exercise editorial discretion on all
content appearing on the Web site or in the newspaper, including columns and
letters to the editor. Opinions expressed by citizens, Tribal Councilors or officials
do not necessarily reflect the opinions of the editorial staff or Editorial Board of
the Cherokee Phoenix.
The deadline for submissions is the 15th of the month prior to the month of
publication. Letters shall not exceed 350 words in length. Letters intended for
publication must be addressed to Talking Circles or identified as a letter to the
editor. Submissions from Cherokee citizens will be given preference. Submissions
from non-citizens will be published only as space permits and must be Cherokee
related. Anonymous letters will not be published.
CHIEF’S PERSPECTIVE
Gadugi, self-help – continue our legacy of independence
BY CHAD SMITH
Principal Chief
“Before (Bell,
Okla.) I think
that a lot of
people thought
life just happened
to them, and after
the project, they began to say, this is
my family and this is my community
and I am responsible for it.” – Wilma
Mankiller
It is as important today as in the past
that Cherokees work together as family
to achieve our goals. Today we continue
to honor this legacy by encouraging
our citizens to participate in selfhelp projects. The Cherokee Nation
Community Youth Fund was created to
develop leadership through giving back
to a Cherokee community. Program
participants simply complete 25 hours
of community service to receive $250
to apply towards education, athletic,
cultural or other activities that meet
our mission of gadugi.
Cherokees have long known, just as
Wilma did, that an important aspect
of our culture is helping one another.
It keeps us independent while building
our families and communities.
Although gadugi (working together
for the common good) is an ancient
Cherokee concept, we have adopted it
as Cherokee Nation’s mission during
my tenure as principal chief.
Our late principal chief knew the
strength of self-help and gadugi. When
Wilma met with Cherokees in the little
community of Bell, she believed, at a
time when no one else did, that they
could control their own future if given
the chance. She believed in the lifechanging outcome of gadugi. During
those eight months in 1982, Indians
and non-Indians alike came together
to lay down 16 miles of pipeline,
which provided clean running water
to their homes for the first time in the
town’s history.
Wilma’s “radical” idea of Cherokee
people helping themselves continues
today as a vital piece of our cultural
identity. Indeed, it is what binds each
of us to the other. Since the time of the
Bell Water and Housing Project, more
than 100 self-help projects have been
completed by our Cherokee people in
partnership with our tribal government.
This spring the last school in
Delaware County still running off
a well was connected to rural water.
It was a Cherokee Nation self-help
project at Leach School. This new
waterline, which begins in Leach and
extends through Twin Oaks and the
southern parts of Kansas, covers 24
miles, with 12 miles being completed
by contractors, and the other 12 by
community members. The Leach
project is part of a much larger
waterline system that will ultimately
be 60 miles long. The waterline will
serve more than 240 families who
have been making do without running
water for decades.
There is a saying that “you don’t
miss the water until it’s gone.” Cooks
at Leach School no longer worry about
water running out in the middle of
cooking school lunches.
More than 4,000 volunteer hours
went into the completion of this great
project, as community members and
even school kids rolled up their sleeves
and pitched in.
The principle of gadugi resides
firmly in the hearts and minds of
our generation as it did with our
ancestors. Programs like the Cherokee
Nation Community Youth Fund and
other self-help programs continue to
encourage our people to experience
the benefits of helping one another.
Under the great leadership of Chief
Mankiller, we were able to fully realize
our potential, not only as citizens of the
Cherokee Nation but also as human
beings. It is of the utmost importance
that we continue on as she would have
wanted, to trust our own thinking, and
to get the job done for our people.
[email protected]
• 918-453-5112
COUNCILOR’S PERSPECTIVE
Come together as one Nation
BY BIll JOHN
BAKER
Tribal Councilor
Wado to everyone
who participated in
June’s election. The
energy and passion
of the Cherokee
people never ceases
to amaze me. We’ve proven the Cherokee
people are ready to take back our Nation
and move from good to great. When I
entered the race for chief we were 40
points behind and given little chance.
But the People’s Campaign caught fire
and we won the election with a few votes
over 50 percent.
But the confusion that was created
to stop our win caused the Supreme
Court to order a new election. This
is an opportunity for our Cherokee
family to make a definitive statement
that too few people have had too much
power over us for too long.
The Cherokee Nation is at a
crossroads. We can either continue
down the path of casino-driven
revenue, with the bottom line always
being the bottom line, or we can
turn back towards taking care of our
Cherokee family.
We can say our health care is good
enough, or we can create a plan where
we cut the red tape between doctors
and patients, where we revamp our
prescription by mail program so it
actually works, and we restore funding
to key programs like breast cancer
screening, dentures and eyeglasses.
If we stick to the path we’re on we
can expect even more cuts to breast
cancer prevention, but if we take this
opportunity for a do over to reset
our priorities back to the people we
can expand cancer treatment instead
of cutting it. We can find the money
to take care of those Cherokees most
in need by getting rid of unnecessary
luxuries like private planes and by
releasing money tied up in hundreds
of unfilled jobs.
We again get to go to the polls and
choose either the status quo, or a jobs
plan based around Cherokees. Where
we start training programs to make
sure that there are no jobs that you can
say “Cherokees aren’t qualified for.” We
get to choose whether we continue to
let $20 million sit untouched in a bank
or use that money for Cherokees to
build houses for other Cherokees, that
gives money to schools that teach our
Cherokee citizens.
But I think the biggest choice that
we get to make in this do over election
is whether we will vote our fears or
our hopes. Elections can be rough, and
they sometimes bring out the worst in
people. By the end of the last campaign
there was a new rumor popping up
every few minutes, about employees
being fired, the children’s choir being
ended and about losing your homes
and your mortgage assistance. I can
only speak for myself, but let me say
very clearly that these vicious rumors
are meant to intimidate and threaten,
and certainly nothing I would ever
support. And this kind of deceit
should be banished from our National
conversation.
I want to talk about how to
strengthen our workforce, how to
raise our citizens’ quality of life and to
end any practices of intimidation. It
shouldn’t matter who you vote for, or
what you write on facebook, just how
you do your job.
And the idea that any candidate
would want to shut down a National
treasure like the children’s choir, or
take any Cherokee from their home
is absurd, and I hope with the new
election we can stop this nonsense.
The Cherokee people deserve a
great debate. A debate about whether
we want to stay on our path where the
needs of the casinos and big vendors
come first, or if we want to take our
Nation back for our people. Let us
take this rare opportunity to reset all
the rhetoric and come together as one
Nation and one family and together
decide our future.
[email protected]
• 918-207-3900
Ewf #>hAmh • g]/
2011
August 2011 • Cherokee Phoenix 7
Council recommends EC hire independent election group
BY TESINA JACKSON
Reporter
TAHLEQUAH, Okla. – At a special Tribal
Council meeting on July 12, councilors
unanimously
passed
a
resolution
recommending the Election Commission
to obtain an independent election service
organization to observe election processes
in the tribe’s upcoming elections.
It also states that councilors call upon
the EC to hire or engage an independent
election service organization to assist
in election processes in any upcoming
elections.
“Since the elections are an expression
of the people’s will and are the foundation
of our government, the Cherokee people
need assurance that the votes cast are
counted and canvassed properly,” Council
Speaker Meredith Frailey said. “They
deserve a fair and credible election
process. The sole purpose of scheduling
this meeting is to help ensure a fair and
efficient runoff election and hopefully
regain the lost credibility in the Cherokee
Nation election process.”
The resolution was discussed prior to
the council meeting at a Rules Committee
meeting where the resolution was
approved.
Council attorney Todd Hembree said the
resolution is the council’s statement of will,
not a requirement.
“It’s basically a recommendation to the
Election Commission to bring forward
another set of eyes on the process, more
During a July 12 special council meeting, Tribal Councilor Tina Glory Jordan questions
why the Bureau of Indian Affairs was not being recommended to assist the Election
Commission in the July 23 runoff election. TESINA JACKSON/CHEROKEE PHOENIX
boots on the ground to the process, to
instill public confidence.”
The resolution passed the council meeting
quickly and without much discussion. Most
debate of the resolution occurred earlier in
the Rules Committee meeting.
In that meeting, Councilor Tina GloryJordan asked why the Bureau of Indian
Affairs wouldn’t be recommended to the
assist the EC.
Hembree stated that the BIA is not an
election service.
Tribe plans to improve 9 area roads
BY TESINA JACKSON
Reporter
TAHLEQUAH, Okla. – The Tribal Council
unanimously
authorized
the
Federal
Highway Administration to update the tribe’s
transportation improvement program during
its July 11 meeting. The update would add nine
roads located within the Cherokee Nation to a
construction priorities list.
The nine roads to receive work are the Job
Corps Access Road in Cherokee County, NorthSouth 4340 Road in Craig County, Pheasant Run
Road in Delaware County, Bunch Road in Adair
County, Ross Street in Cherokee County, Oakridge
Extension East in Adair County, Chimney Rock
Hollow 1 and 2 roads in Mayes County, Shady
Grove Loop in Cherokee County and Chance
Road in Adair and Cherokee counties.
“What this is…is a transportation improvement
plan where we submit it to the BIA (Bureau
of Indian Affairs) and the Federal Highway
Administration, and they’ll approve those roads,”
said Councilor Harley Buzzard. “This is something
that probably takes three to seven years to actually
start getting some of these roads out.”
The update would also include funding to the
tribe’s Indian Reservation Roads budget. The
estimated cost of the nine roads is approximately
$25 million.
The IRR program addresses transportation
needs of tribes by providing funds for planning,
designing, construction and maintenance
activities. The IRR helps fund the construction of
public roads, which provide access to and within
Indian reservations, Indian trust land, restricted
Indian land and Alaska Native villages.
The CN has been involved with the IRR
program since 1995 to improve transportation
throughout the 14 counties. The nine roads that
will be improved were selected by the CN Roads
Department based on poor conditions.
Councilors also unanimously modified the
tribe’s comprehensive budget for fiscal year 2011
by adding $2.1 million. The modification brings
the tribe’s total budget authority to $656.2 million.
Some of the modification’s highlights include
increasing the General Fund by $628,663 to fund
increases on the Directed Studies and Public
School Outreach programs, increasing community
development technical assistance grants by $9,600,
awarding $200,000 for the Collinsville Food
Distribution site and increasing the tribe’s Native
American Housing and Self-Determination Act
Fund by $746,130 for a new Learning Village
initiative at Northeastern State University.
The council also unanimously established a
pesticide application notification system, which
calls for the notification and recordkeeping of
pesticides used at CN-owned or -operated facilities.
According to the act, a written notification must
be provided to the CN Environmental Programs
no less than 48 hours prior to the pesticide’s
application.
The notification must include the name and
address of facility to be treated, location of the
application, date of the application and name,
address and phone number of the applicator
company.
After the pesticide is applied, the certain
information is to be provided to the appropriate
facility personnel. That information is the address
of the facility being treated, specific area(s) treated
by the product and for whom the pesticide was
applied; name, address and telephone number
of company making application (if applicable);
name and license number of person making
the application; complete brand name and
Environmental Protection Agency registration
number of pesticide product used; year, month,
day and time of application; target pest(s); quantity
of pesticide used; method of application; and
material safety data sheets for pesticide applied.
The act also spells out exemptions to the rules as
well as penalties.
“For any functioning government, we manage
our own environmental issues and this is one of
those,” Councilor Cowan Watts, who sponsored
the act, said. “There’s no money required just
establishes a notification record keeping for any
application of pesticide on tribal lands.”
[email protected]
• 918-453-5000, ext. 6139
Councilor Julia Coates asked Hembree if
the EC has the authority to call in the BIA,
and he said his legal opinion to the EC
would be no.
Coates then made a motion to not
include the BIA in the oversight of the
runoff election. The motion passed 9-8 and
was added to the resolution.
Glory-Jordan then made a motion to
exclude Automated Election Services
President Terry Rainey, which failed 10-6.
Councilor and Principal Chief-elect Bill
John Baker abstained from that vote.
Election Commissioner Martha Calico
declined to comment on the council’s
resolution.
In other election-related news, United
Keetoowah Band Attorney General Ken
Bellmard issued a preliminary advisory
opinion on July 11 advising the UKB not
to use AES and/or Terry Rainey in future
elections.
“I’ve read Attorney General Bellmard’s
opinion and have to agree,” Bryan
Shade, UKB executive director of tribal
operations, said in a press release. “The
integrity of our election process is of the
utmost importance. We want to ensure that
our elections are fair and that the voice of
our people is heard.
He said the doubt cast around the
Cherokee Nation’s general election makes
it “virtually impossible for us to utilize the
same vendors without having that same
cloud of doubt.”
[email protected]
• 918-453-5000, ext. 6139
Council Briefs
Grant application for youth shelter services
authorized
TAHELQUAH, Okla. – At it’s July 11 meeting, Tribal Councilors
unanimously authorized the tribe’s Department of Children, Youth
and Family Services to apply for a $70,000 grant from the U.S.
Family and Youth Services Bureau.
The grant would be used to supplement the operations of the
emergency shelter and supportive services at the John A. Ketcher
Youth Services Center in Tahlequah.
The goal of the Department of Children, Youth and Family Services
is to provide prevention, diversion and emergency shelter services to
promote the health and welfare of children, youth and families.
– TRAVIS SNELL
Environmental Programs to donate
equipment to atmosphere study
TAHELQUAH, Okla. – Tribal Councilors on July 11 voted to
allow the tribe’s Environmental Programs to donate a nitrolux
continuous ammonia analyzer to the National Atmospheric
Deposition Program in Champaign, Ill.
According to the legislation, Environmental Programs is
donating the analyzer, which measures ammonia emissions,
because it was replaced by an updated unit and the tribe no longer
has space to store it.
The tribe chose the NADP because of its partnership with it
through the Mercury Deposition Network. The NADP is a cooperative effort between federal, state, tribal and local governmental
agencies, educational institutions, private companies and nongovernmental agencies to measure atmospheric deposition and
study its effect on the environment.
– TS
CN Foundation board member confirmed
TAHELQUAH, Okla. –On July 11, the Tribal Council
unanimously confirmed Deacon Turner as a Cherokee Nation
Foundation board member.
The CN Foundation is a non-profit corporation for the promotion
of educating tribal citizens, to provide educational assistance to
CN citizens and to promote and preserve the language, culture and
history of the Nation.
Turner’s term runs from August 2011 to August 2015.
– TS
8 Cherokee Phoenix • August 2011
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2011
Saline District Courthouse
restoration receives award
BY WIll CHAVEz
Senior Reporter
A worker with Red Stone Construction Services adjusts a concrete foundation form
for a compressed natural gas fueling station on the Cherokee Nation Complex in
Tahlequah, Okla. TESINA JACKSON/CHEROKEE PHOENIX
CN building compressed
nature gas fueling station
BY TESINA JACKSON
Reporter
TAHLEQUAH, Okla. – The Cherokee
Nation has started building a compressed
natural gas fueling station at its Tribal
Complex to provide easier access to the
fuel for those with CNG-ready vehicles.
CNG is a gas fuel used as an alternative
to the standard gas fuel. The station will
be located next to the Cherokee Nation’s
Businesses Outpost 1, a convenient store
that offers gas fuel. The store is located
on the Tribal Complex along Highway 62
south of Tahlequah.
“The hope that by building a CNG
fueling station, we can encourage use
of CNG vehicles by the public and
large organizations,” Bobby Short, CN
Environmental Programs director, said.
“The current challenge with using CNG as
a fuel source in vehicles is limited access to
refueling stations. We are getting in on the
beginning of what we hope will be a larger
network of stations.”
CNG is cheaper than the cost of
Council
from front page
helped me get to be where I’m at today,”
he said. “It’s been a long journey. We’ve
made a lot of sacrifices, but it’s worth
it for the Cherokee people. They’re
deserving of that. I do believe in the
Cherokee Nation and it’s time for the
tribe to rise.”
Tribal Councilor Jodie Fishinghawk won
Dist. 2, Seat 3 with 1,795 votes to fellow
Councilor Harley Buzzard’s 990 votes.
Fishinghawk said she appreciated the
support people showed her.
“I’m very honored, humbled, and I
look forward to doing the best job I can
for Adair, Delaware, Ottawa counties in
the Cherokee Nation,” she said.
Earlier in the year, the council
approved a new representative map that
dropped the number of districts from
nine to five. On Aug. 14, each district
will have three councilors.
Currently, Dist. 1 has Bill John Baker
and Tina Glory-Jordan respectively
serving in Seats 1 and 2. Dist. 2 has S. Joe
Crittenden and Curtis Snell respectively
serving in Seats 1 and 2.
However, a special election will be
needed to fill Crittenden’s seat because
of his winning the deputy chief race
against fellow Councilor Chris Soap
during the runoff.
A special election may also be needed
to fill Baker’s seat. Baker is challenging
today’s regular gasoline prices, costing
50 percent less than gasoline. It’s made
by compressing natural gas to less than
1 percent of its volume at standard
atmospheric pressure. It also emits up to
90 percent fewer emissions than gasoline,
according to www.cngnow.com.
“The strategy behind the network of
stations is that providing easier access to
CNG will eventually influence automakers
to manufacture more CNG ready vehicles,”
Short said. “Since CNG is the same gas
that fuels your home, a slow-fill apparatus
can be installed at your home to fill your
vehicle overnight. Unlike a home unit, this
location will be a fast-fill station that will
fill a vehicle in a matter of minutes.”
Short added that the tribe is planning to
buy CNG-ready vehicles in the future.
The station is estimated to cost
approximately $800,000 and be completed
by mid-August. The funds were awarded
to the CN through the Department of
Energy’s stimulus funding.
[email protected]
• 918-453-5000, ext. 6139
incumbent Chad Smith for the office
of principal chief. Smith was certified
the winner on June 27 after the general
election, but Baker won a June 30
recount. Smith then appealed the
election to the Supreme Court. After a
hearing, the court threw out the election
on July 21.
As of press time, no date has been
set for the principal chief ’s race. If no
winner has been decided in that race by
Aug. 14, Crittenden would temporarily
assume the post that day until a
principal chief is duly elected, according
to the CN attorney general.
In the race for Seat 2 in Dist. 4, Dick
Lay edged out incumbent Bradley Cobb
by 80 votes. Lay received 812 votes to
Cobb’s 732.
“I am humbled and happy that our
independent council campaign was so
well-received,” Lay said. “I want to thank
Brad Cobb for a good clean campaign. I
would like to thank all those volunteers
who worked so hard for our success.
This is their win. I will serve our people,
not myself.”
Currently, Meredith Frailey holds that
district’s No.1 seat, while Chuck Hoskin
Jr., holds Seat 3.
According to CN election law, a runoff
is needed when no single candidate
gains a simple majority of more than 50
percent of the vote in a particular race.
The runoff consists of the top two votegetters in that race.
[email protected]
• (918) 207-3825
ROSE, Okla. – The Oklahoma Historical
Society’s State Historic Preservation
Office presented an award to the Saline
Courthouse preservation project in June.
Deputy Chief Joe Grayson, Saline
Preservation Association President Lisa
Melchior and Herb Fritz of Fritz-Bailey
Architects accepted the award, which
also recognized the effort to restore
the springhouse located on the Saline
property. The award was given June 9
during Oklahoma’s 23rd annual Statewide
Preservation Conference in Guymon.
“The recipients are individuals or
organizations that have contributed to the
preservation of Oklahoma’s significant
archeological and historic properties
through research, public programming,
restoration/rehabilitation and other
activities,” Melchior said. “This award was
given in recognition of work done on
these projects.”
Melchior said the Saline Courthouse
property was designated as the Cherokee
Nation’s first national park in 2005. The
14-acre Saline National Park near Rose
in Mayes County consists of a courthouse
built in 1884, a restored stone springhouse,
an open courtyard and streams that flow
around the property.
The Saline District Courthouse is one
of nine CN courthouses built by the
tribe in the 1800s and is the only district
courthouse still standing. Restoration
of the courthouse and park grounds is
continuing in phases with restoration of
the courthouse being the focus.
Future plans for the park include trails,
outdoor classrooms, restrooms and
recreational areas at the park. Melchior
said funding for these projects is being
sought. Plans also contain improving the
park’s main road, creating a parking area,
Keetoowah
from front page
In a May 24 letter to the tribe, the
Bureau of Indian Affairs said it had
approved a request by the UKB to take
the 76-acre parcel of land, two miles
south of the casino, into trust. The
Cherokee Nation appealed the decision,
saying it has sole jurisdiction and treaty
rights to the land.
“I decline to delay taking action here
until further resolution” of the appeal,
Stevens’ letter states.
“The gaming site may or may not
be taken into trust by the assistant
secretary at some point in the future,
but that action, if and when it happens,
does not change the current status of the
gaming site and its eligibility for gaming
today,” her letter states.
The agency also sent a letter about
its decision to Pruitt, Gov. Mary Fallin
and Mark Green, U.S. attorney for the
Eastern District of Oklahoma.
A federal judge’s injunction still
stands that would appear to prevent
the state from acting to close the casino
immediately. U.S. District Judge Ronald
White continued an injunction in 2006
pending a more thorough review of the
issue by the National Indian Gaming
Commission.
Records show the casino brings in
at least $13 million a year for the tribe,
The restored Saline District Courthouse
springhouse is part the Cherokee
Nation’s Saline National Park in Mayes
County. ARCHIVE PHOTO
creating signage, placing picnic tables and
benches on the site and adding a natural
playground and a restored cabin.
“The park is open to the public. The
spring is running all of the time, and if you
come on weekends you’ll find families out
here picnicking and enjoying the water
and the grounds,” Melchior said.
Six work phases are planned for the
historic site. The SPA has been working
with the CN since 2003 to preserve
the property. In 2010, the SPA received
a $4,000 matching grant from the
National Trust for Historic Preservation,
which was used to work on a plan for a
memorial trail for the property. The plan
was completed in May.
“It (plan) will help us show where the
trail will be, and it will also show where
outdoor classrooms and picnic areas will be.
From that we will work on getting grants to
actually build the trail,” Melchior said.
[email protected] • 918-207-3961
which does not have a gaming compact
and thus pays no fees to the state.
Tribes paid a combined $118 million in
compact fees to the state last fiscal year.
Charles Locust, assistant chief of the
UKB tribe, said the casino remained
open Friday. He noted that a court
case involving whether the casino is on
Indian land is still open in federal court.
“We cannot comment on this case
because it is currently under litigation
and the tribe does not try its cases in the
newspapers,” Locust said.
Pruitt issued a written statement
Friday saying: “We’re pleased the issues
before the Commission have been
decided, and that the Commission ruled
in favor of the State on all issues.”
He sent the commission a letter on
May 17 asking why the agency had taken
more than five years - “an inordinate
amount of time” - to rule on the casino
land issue.
Diane Hammons, attorney general
for the Cherokee Nation, said: “We are
grateful that the NIGC has finally issued
its decision, affirming what a long line
of cases and administrative opinions
have held, that the United Keetoowah
Band has no Indian country within
the Cherokee Nation geographical
boundaries. We anxiously await the
state of Oklahoma’s enforcement of this
ruling, after the federal court lifts the
injunction that currently keeps the state
from acting.”
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2011
August 2011 • Cherokee Phoenix 9
Family tradition brings back Roxie’s BBQ
Owner Tyler Wagers is
building on a legacy of
barbecue.
Everything about our
barbecue is just a little
bit different than most
places.
BY WIll CHAVEz
Senior Reporter
TAHLEQUAH, Okla. – Tyler Wagers is
continuing a family tradition of cooking
and serving barbecue in Tahlequah.
In mid-July, he opened the Roxie’s BBQ
stand at 1716 S. Muskogee Ave. where his
parents once operated the Roxie’s BBQ
restaurant. He said the family has been in
the barbecue business since 1951, and he
learned it from his parents.
“My parents had their restaurant right
on this spot. It is affiliated with the place
on Highway 10 (Roxie’s Roost). That’s
my father’s restaurant and bar,” Wagers
said. “It’s a wonderful location out on the
(Illinois) river.”
He said many people come to Roxie’s
BBQ for the chopped beef, ribs and sauce.
“Roxie’s has been known over the years
for its chopped beef and ribs,” Wagers said.
“Our sauce is a different sauce. We’ve been
asked by many different people about our
sauce, and they always want our recipe
to our sauce. Our sauce is a big thing for
us. It puts the signature of Roxie’s on the
barbecue.”
He said he uses a dry rub to season the
meat and hickory wood to smoke it.
“Everything about our barbecue is just a
little bit different than most places. I know
– Tyler Wagers,
Roxies’s BBQ owner
Tyler Wagers stands in front of his Roxie’s BBQ stand on Muskogee Avenue in
Tahlequah, Okla. The barbecue stand opened in July with aid from the Cherokee
Nation Commerce Department. WILL CHAVEZ/CHEROKEE PHOENIX
most places just smoke meat, put some
barbecue sauce on it and send it out the
window,” he said. “We do have a technique,
the way we cut it, the way we slice it, the
way we let it smoke. We do have a unique
way we do our barbecue.”
Along with chopped beef, ribs and sauce,
Roxie’s BBQ also serves sliced beef, chicken,
pork, turkey, smoked ham and bologna
and homemade potato salad and coleslaw.
Wagers said he also caters for gatherings,
reunions and parties.
Customer Jill Fisher said her family used
to eat at Roxie’s BBQ restaurant in the
1980s and the barbecue has always been a
favorite of hers.
“When they moved out to the river, we
followed them out there. It’s been quite a
dry spell, so we’re glad to have it back even
though right now it’s in a little caboose, but
that doesn’t matter. We’ll take it home and
enjoy it,” Fisher said. “I like the hot links
and of course the barbecue sauce. You
just can’t buy it in the grocery store, and I
haven’t been able to duplicate it.”
The
Cherokee
Nation’s
Tribal
Employment Rights Office and Commerce
Department helped Wagers restart Roxie’s
BBQ with a loan and business assistance.
He said next year he hopes to re-open a
full-fledged restaurant where his stand now
sits and enter contests with his barbecue.
“Hopefully, eventually, I’ll get it like my
parents had it, the same style of place, the
same design,” he said. “It’s a passion of mine
that I’ve always wanted to do. I just want to
thank everyone for stopping by and trying
out the barbecue and giving me a chance.
Business has been great. I’ve had really
good feedback.”
Roxie’s BBQ is open 11 a.m. to 7 p.m.,
Tuesday through Saturday. For more
information, call 918-457-9227 or visit the
Roxie’s BBQ facebook page.
[email protected]
• 918-207-3961
CNB to buy Nowata-based
manufacturing firm
Cherokee Nation
Businesses officials plan
to nearly double the
current employee level
of 35 within three years.
BY STAFF REPORTS
CATOOSA, Okla. – Cherokee Nation
Businesses officials have reached an
agreement to purchase Disan Engineering
Corporation, a Nowata, Okla.-based
company that designs and manufactures
electronic and mechanical equipment for
the Federal Aviation Administration and
Department of Defense.
“The addition of Disan to our portfolio
really rounds out our capabilities,” CNB
CEO David Stewart said. “Disan has a
great reputation for quality in engineering
and manufacturing and is a great fit with
CNB’s manufacturing and defense logistics
operations. We see opportunities for
growth right away by simply combining
Disan’s engineering expertise with our
existing contracts.”
Disan employs about 35 people, but
CNB officials plan to nearly double that
number in the next three years. Officials
said hiring would begin immediately after
the purchase is complete. CNB and Disan
expect to complete the purchase within 60
days, pending the due diligence process.
The Cherokee Phoenix asked CNB for
the purchase price of the company, but
CNB Communications Manager Amanda
Clinton said CNB does not disclose
purchase prices of companies.
Disan has been designing, manufacturing
and repairing military and commercial
electronics systems and subsystems
for air and ground usage since 1968.
The Cherokee Nation has held defense
contracts in manufacturing for years, but
Disan fills an engineering component that
previously did not exist at CNB.
The CN has a history of providing
aerospace and defense parts to government
and commercial clients. Disan’s engineering
capabilities and on-site machine shop
serve to enhance the tribe’s appeal when
securing government contracts.
“The purchase of Disan allows us to
expand our current offerings and pursue
contracts that were previously out of
reach,” said Russell Claybrook, who leads
CNB’s security and defense sector. “This
allows us to self perform our current
contracts and employ local people, keeping
work inside the 14 counties of the
Cherokee Nation.”
Disan’s product line focuses on radar,
guidance, lighting and communications
equipment for the FAA and DOD. The
majority of that work is performed in
Nowata.
“We’ve been doing this kind of work in
Nowata for more than 40 years, employing
our local people and bringing outside
dollars into our area,” Bill Brown, Disan
Engineering Corporation president, said.
“Joining the work on CNB’s existing
contracts and helping the company pursue
new opportunities will have a wonderful
effect on the local economy.”
New Fort Gibson casino to be built
BY WIll CHAVEz
Senior Reporter
FORT GIBSON, Okla. – Cherokee
Nation Entertainment officials on June 6
broke ground for a new Cherokee Casino
Fort Gibson that is expected to nearly
double the current facility’s workforce
when it opens in 2012.
Currently, the casino is 7,400 square
feet and has been in use for eight years.
The new 27,500-square-foot casino will
require 15 times the amount of original
employees and house 500 electronic
games. The property will also feature a
restaurant and entertainment space.
Construction is expected to “pick up” in
August, and the building is expected to be
finished in the fall of 2012, a CNE official
said. The CNE official refused to give the
project’s cost.
“In less than 10 years and one expansion
project, it became apparent that our
guests needed a larger casino with more
amenities,” CNE Chief Executive Officer
David Stewart said. “Our employees and
guests really enjoy the close-knit family
atmosphere at the current casino, and that
is something that won’t be lost when we
open the new building. They will have
more room, more amenities and more
games to enjoy.”
Acknowledging the growth in jobs at
the casino, which is located along Highway
62, Principal Chief Chad Smith said the
original casino opened in 2003 with 12
employees. “We are proud to announce
the creation of 74 new jobs, which brings
our total to nearly 190 employees,” he said.
The casino is one of eight casinos
operated by CNE in six counties in
northeastern Oklahoma.
In late May, CNE also broke ground for a
new casino in Ramona near Bartlesville to
replace a smaller structure that opened in
May 2010. That new casino, also scheduled
to open in the fall of 2012, will provide 70
new jobs. CNE officials refused to give
that project’s cost also.
In Catoosa, CNE is constructing an
eight-story hotel tower at the Hard Rock
Hotel and Casino. It will add 100 suites
to the 350-room resort and will be the
third tower on the property. It will also
include 10,000 square feet of dining and
entertainment space and 45,000 square
feet of gaming space.
[email protected] •918-207-3961
The Cherokee Phoenix is now on Twitter. Be sure to
check often for updates on what is going on within
the Cherokee Nation.
http://twitter.com/cherokeephoenix.
The Cherokee Phoenix is mobile. Keep informed on
your iPhone,
iphone.cherokeephoenix.org.
Become a fan of the Cherokee Phoenix on Facebook.
10 Cherokee Phoenix • August 2011
Classifieds dgCAm
GENEALOGY
Cherokee Adairs book. Large, hard bound, well-referenced. $60 plus $6 s/h. Send $60 + $6
s/h to Cherokee Reunion Association, 104320 S. 4610 Rd., Sallisaw, OK 74955
George M. Bell’s 1972 book, Genealogy of Old & New Cherokee Indian Families. $50, plus
$7 for S&H. Send check or money order to: Mr. Watie Bell, 1808 SE Crescent Dr., Bartlesville, OK
74006. E-mail: [email protected]
looking for descendants of Judge John Martin (d. 1840), James C. Martin (d. 1847) and
Guyunegu Martin (b. 1840). Contact Joe Martin, 308 N. Riata St., Gilbert, AZ 85234, (480)3658202, or [email protected].
SERVICES
All Season’s landscaping & Irrigation – Landscaping, flower beds, stone patios and
walkways, tree planting, irrigation, design, installation, repair, outdoor lighting, french drains.
Contact Paul 918-453-3697 - Lynn 918-772-0190
The Cherokee Phoenix publishes classified ads in good faith. However, we cannot guarantee the integrity of every ad. If you
have doubts concerning a product or service, we suggest contacting the Better Business Bureau and exercising proper caution.
Classified ads are a minimum of $5.00 for the first 10 words and 25¢ for each additional word. Ads must be prepaid by check
or money order to the Cherokee Phoenix, Attn: Classifieds, P.O. Box 948, Tahlequah, OK 74465
In Memoriam dmcdsdi
Juanita Irene
Wassom Smith
Juanita Irene Wassom
Smith died in Oklahoma
City on March 25. She
was born on March 23,
1922, the first of seven
children, to Roy and Mona
(Pokey) Wassom, full-blood
Cherokee, in Wagoner County. She was the
granddaughter of Wilson and Sarah McDaniel. In
1939, she graduated from Chilocco Indian Boarding
School where her favorite classes were cooking and
tap dancing. After graduation, she married Doyle
Smith and had two daughters, Donna Merry of
Oklahoma City, and Joni Liles of Colorado Springs.
She enjoyed a happy life of 89 years, not because
of great affluence or privilege, but because of the
joy she received in giving, loving and sharing her
kindness and generosity with others. She is fondly
remembered by many for the sensitive and loving
care that she gave to patients during her twentyseven years as a nurse’s aide at Wagoner Hospital.
At Chilocco the two sisters, Juanita and her sister
Lillian, were affectionately nicknamed “Possum” to
rhyme with their last name.
Community Calendar
Aug. 5-7
Gatesway Ballon Festival, Cherokee Casino
Will Rogers Downs
Claremore, Okla. 918-283-8800
Aug. 5-7
Oklahoma Indian Nations Powwow, Concho
Powwow Grounds
Concho, Okla. 405-476-1134
Aug. 6
Route 66 Summerfest Car Show, North Park
Vinita, Okla. 918-256-7133
Aug. 6-13
Cherokee History Tours, 777 W. Cherokee St.
Catoosa, Okla. 1-877-779-6977
Aug. 12-14
Powwow of Champions, Claremore Expo
Center
Claremore, Okla. 918-845-1818
Aug. 13-20
Ottawa County Free Fair, Ottawa County
Fairgrounds
Miami, Okla. 918-542-1688
Aug. 20, 27
Will Rogers History Tours, 777 W. Cherokee St.
Catoosa, Okla. 1-877-779-6977
Aug. 23-27
Will Rogers Memorial Rodeo, American
Legion Rodeo Grounds
Vinita, Okla. 918-256-7133
Mondays, Wednesdays and Thursdays
Marble City Nutrition Center
711 N. Main
Marble City, Okla.
Phone: (918) 775-2158
Serves hot meals at 11:30 a.m. Meals are
free to anyone over 50, but a small donation
is suggested to help with the expense of the
program.
Third Tuesday of even numbered
months
Mayflower UCC Church, Oklahoma City
Phone: (405) 408-0763
The Central Oklahoma Cherokee Alliance
meets at 6 p.m. on the third Tuesday
of every even numbered month at the
Mayflower Church.
First Friday of every month
Concho Community Building
Concho, Okla. 405-422-7622
The Indian Art Market invites all Indian artist
to come and sell/share their work.
Year Round
Will Rogers Memorial Museum
Claremore, Okla., (918) 341-0719
Every day from 8 a.m. to 5 p.m. Admission
by voluntary contributions
Fourth Thursday of each month
American Indian Chamber of Commerce
of Oklahoma – Eastern Chapter monthly
luncheon at Bacone College
Muskogee, Okla., (918) 230-3759
The lunch begins at 11:30 a.m. at Benjamin
Wacoche Hall. Please RSVP one week ahead
of time.
First Tuesday of each month
Cherokee Basket Weavers Association at the
Unitarian Universalist Congregation
Tahlequah, Okla., (918) 456-7787
Monthly meetings are at 6 p.m. the first
Tuesday, but if it is a holiday it’s on the
second Tuesday.
Second Tuesday of each month
Cherokee Artists Association at 202 E. 5th
Street, Tahlequah, Okla., (918) 458-0008
www.cherokeeartistsassociation.org
The CAA meets at 6 p.m. the second Tuesday
of each month.
To have an event or meeting listed,
fax information to (918) 458-6136
attention: Community Calendar. The
deadline for submissions is the 10th of
each month.
Community Meetings
Aug. 1
Belfonte, 6 p.m.
Glen Qualls 918-427-1700 or 427-0227
Eucha, 6:30 p.m.
Juanita Bark 918-207-4925
Marble City Community Organization
7 p.m., Ellen McClendon 918-775-2158 or
774-0074
Aug. 2
Tulsa Cherokee Community Organization
6 p.m., Jean Vann Breed 918-808-4142
Brushy, 7 p.m.
Gary Bolin 918-775-6914
Muldrow Cherokee Community Organization
7 p.m., Tim Laney 918-427-4006
Aug. 4
Lyons Switch, 7 p.m.
Karen Fourkiller 918-696-2354
Greasy, 7 p.m.
Charlie Shell 918-774-0857
Washington County Cherokee Association
7 p.m., Ann Sheldon 918-333-5632
Aug. 8
Brent, 6 p.m.
Sam Bush 918-316-1054
Four Corners, 7 p.m.
Sue Fine 918-386-2352
Marble City Pantry, 7 p.m.
Clifton Pettit 918-775-5975
Aug. 9
Collinsville, 7 p.m.
Danny Stanley 918-798-2402
Oak Hill/Piney, 7 p.m.
Dude Feather 918-235-2811
Aug. 11
South Coffeyville, 6:30 p.m.
Vickie Brokeshoulder 918-822-2893
Aug. 14
Rogers County Cherokee Association
2 p.m., Lee Keener 918-346-0078
Aug. 16
Vinita Indian Territory Coalition
6 p.m., Lisa Trice-Turtle 918-453-2988
Fairfield, 7 p.m.
Bill Collins 918-696-2961
Dry Creek, 7 p.m.
Lesley Robbins 918-720-3537
Rocky Mountain, 7 p.m.
Doris Shell 918-207-4924
Aug. 18
Tailholt, 7 p.m.
Sam Bush 918-316-1054
Aug. 22
Christie, 7 p.m.
Shelia Rector 918-778-3423
Ewf #>hAmh • g]/
2011
Ewf #>hAmh • g]/
2011
August 2011 • Cherokee Phoenix 11
Sequoyah Schools
unaffected by
OSSAA rule change
Ken Heupel, president of the Day of Champions and former head football coach for
Northern State University, instructs students on the field during Cherokee Nation’s
Day of Champions football camp. CN COMMUNICATIONS
Day of Champions teaches
at-risk youth life lessons
The two-day camp
teaches students respect,
discipline and trust
and features prominent
football coaches and
players.
BY STAFF REPORTS
TAHLEQUAH, Okla. – The Cherokee
Nation on June 28-29 partnered with
the #14 Foundation to coach at-risk
youth during the fourth annual Day
of Champions football camp held at
Sequoyah Schools.
The two-day camp teaches students
respect, discipline and trust and was held
at Sequoyah’s football field. It featured
prominent football coaches and players
who act as mentors.
“We’re trying to instill characteristics,
traits and discipline that are going to
allow them to be successful on the
field in different athletics, but more
importantly in the classroom and
hopefully in life as they become very
productive citizens,” said Josh Heupel.
Heupel is the University of Oklahoma
The camp is built
on four principles –
discipline, respect, trust
and hard work.
– Josh Heupel, University
of Oklahoma co-offensive
coordinator and #14
Foundation founder
co-offensive coordinator, a former
Sooners quarterback who helped the
Sooners win the 2000 NCAA national
championship and #14 Foundation
founder. “The camp is built on four
principles – discipline, respect, trust
and hard work. We believe if they carry
those characteristics with them that’s
going to enable them to be extremely
successful in whatever it is that they are
passionate about.”
The Day of Champions provides oneon-one mentoring and coaching in
athletics, health, fitness, life choices and
the four principles of leadership. Each day
includes specific position skill instruction,
nutritional information, strength and
conditioning drills, plus individual and
team competition. Positions are taught
by some of the top collegiate coaches
in the country, as well as former college
and NFL players, including Josh Heupel’s
father Ken Heupel, a former head football
coach for Northeastern State University in
Tahlequah.
This year 148 students deemed to be
at-risk were chosen to participate in the
Day of Champions by community youth
coalitions from Adair, Cherokee, Craig,
Delaware, Mayes, Muskogee, Nowata,
Rogers, Sequoyah and Washington
counties.
CN Behavioral Health Services hosts the
Day of Champions, which strives through
community partnerships to achieve the
tribe’s philosophy of happy and healthy
people by strengthening efforts in
communities to reduce substance abuse
and its consequences.
“This has been a great opportunity to
come in and work with our youth,” said
Josh Heupel. They are a very professional
organization and our coaching staff has
really enjoyed being here and having that
opportunity.”
Schools with selective
enrollments, such as
Sequoyah, have to meet
certain criteria before
being bumped up a class
for athletics.
BY WESlEY MAHAN
Sports Writer
OKLAHOMA CITY – The Oklahoma The Sequoyah girls cross country
Secondary School Activities Association’s teams poses in front of an Oklahoma
public schools versus private school Secondary School Activities Association
debate started in 2009 with a bang, but banner at the Class 3A 2008 state
championships in Shawnee.
ended with a fizzle.
OSSAA schools passed a plan to move WESLEY MAHAN/CHEROKEE PHOENIX
some successful private schools up a class
take everything out and said ‘if you go
provided they finished in the top eight
to the state tournament three out of five
in their respective state championships
years you have to move up a class, whether
in three of the past five years and met
you’re public or private.’ There have been
certain criteria.
some public schools dominating, too. If
The plan, which passed 265-49 and
you’re not winning
took affect July 1, does
nobody would care.”
not affect Sequoyah
Grigg said he feels
Schools, which is
Some
of
them
(other
the playing fields
operated
by
the
are already level, but
schools) were mad
Cherokee Nation.
others disagree.
The other criteria
that
it’s
not
going
to
“Some of them
for schools to move
(other schools) were
affect us.
up a class are schools
mad that it’s not going
having
selective
– Larry Grigg, Sequoyah to affect us. We dodged
enrollments to deny
Schools athletic director a bullet. Everybody
admission to a student
says ‘you can compete
living in the district,
in the next class.’ But I’m telling you if you
they are within 15 miles of a school in Class
move up it’s a little tougher and numbers
5A or 6A, they have less than 25 percent
start to get you. So I think us not moving
of its students on free or reduced lunches
up is a plus,” he said.
and their enrollments have increased by
Sequoyah is in Class 3A football,
50 percent in the past three years.
basketball and baseball, track and cross
Early in the process, several private
country. The Lady Indians softball team is
schools were in the crosshairs, including
in Class 5A.
Sequoyah. To attend the school, a student
Football districts are set for the
must be a citizen of federally recognized
upcoming school year, so no OSSAA
Native American tribe.
teams will move this season, including any
However, the new rule will only affect
into Class 6A. However, teams are eligible
a handful of private schools. Public
to move up a class in all other sports
schools would only be affected when a
beginning with the 2011-12 school year.
private school moves up and a public
Basketball, track, cross country and
school with the smallest enrollment
soccer will be viewed as one sport. There
numbers moves down.
will also be a three-year grace period
“We didn’t meet three of the four
before a school jumps up a class if its
criteria. If you don’t meet three of the
enrollment increases.
four, you are just like you were before,”
Sequoyah Athletic Director Larry Grigg
[email protected]
said. “What they should have done was
• (479) 427-9101
12 Cherokee Phoenix • August 2011
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2011
Safety emphasized after 6th Illinois River drowning
People need to plan
ahead and take
responsibility for their
safety when visiting the
Illinois River.
BY TESINA JACKSON
Reporter
WIll CHAVEz
Senior Reporter
TAHLEQUAH, Okla. – Despite being
described a “safe water environment” for
people to enjoy, six people have drowned
in the Illinois River since May 28, causing
officials to emphasize safety.
Heavy rains made the river hazardous
in the spring, but it seems people are now
more of a hazard to themselves when
visiting the river. Ed Fite, Oklahoma
Scenic River Commission administrator
and Cherokee Nation Environmental
Protection Commission board member,
said the drowning victims could have been
saved if life jackets had been used.
“In this day and age there’s not a reason
why someone would not have a life jacket
that they could wear,” Fite said. “There’s no
excuse anymore because they can buy own
their own for $20 to $30.”
Fite said, on average, most of the
drowning victims he’s seen during his
three-decade career have been young
people in their early 30s.
He added that alcohol is the second
causation of drowning followed by
horseplay. “We’ve had individuals that
jumped out of trees, off rope swings. We’ve
had individuals who have done double back
flips off of dams,” he said. “These are the
kinds of things, these are all causations…
but what needs to happen is people need to
realize that water’s powerful. It’s relentless
and it’s unpredictable. If you don’t treat
water with respect, even in a water park,
the water’s always going to win and that’s
the bottom line.”
Matt Stevens, a CN citizen who
manages floats for War Eagle Resorts
near Tahlequah, said every person
rafting or canoeing on the river has to
have a life jacket. It’s recommended that
everyone wear one, and by law children
12 and under have to wear their life
A group of young people float on the Illinois River near Tahlequah, Okla., with some of them wearing their life jackets. According
to officials, not wearing a life jacket is the first causation of drowning and accidents. Alcohol consumption is the second.
TESINA JACKSON/CHEROKEE PHOENIX
jacket at all times.
“They (OSRC) feel that children 12 and
under may not know how to swim as well,
may not be able to move around trees or
obstacles,” Stevens said. “And if you’re
coming to float and you have kids who
are 12 and under, it’s recommended that
you bring your own life jacket because
ours are just the ones that go around the
neck. They’re not really comfortable for
the kids.”
Stevens said too much alcohol use was
a large factor in the recent river deaths,
along with horseplay. He said War Eagle
staff scout the river at least once a week to
search for rope swings and cut them down.
“The rangers will also cut them down. If
they see you putting one up, they can give
you a fine for that.”
Dietitian’s Corner
Vacation the healthy way
BY RACHEllE
HOlMAN
Registered
Dietitian
I am counting
the days until my
family
vacation.
Picture three SUVs
packed with eight adults and seven
little boys on a what’s-sure-to-takemuch-longer-than-ought-to road trip.
Vacations are meant to be fun. But who
is having fun when they’ve overeaten
or chosen high-fat, high-sugar, highsalt snacks that have left them with
nothing but a bellyache and a tighter
seat belt? You can eat healthy while on
vacation and still have a great time.
The first step is a fully stocked snack
pack for the vehicle. Our family has a
designated bag and small cooler for
trips. A few suggestions to pack would
be half sandwiches such as peanut
butter and jelly; lean lunchmeat on
whole wheat; mozzarella string cheese;
cut veggies such as baby carrots, bell
peppers, or broccoli; fresh fruit such
as grapes and berries, which can be
frozen and packed but most fruit
comes in it’s own packaging; singleserve fruit cups in water; squeezable
applesauce and fruit purees; whole
grain crackers; light popcorn; nuts; dry
cereal; and homemade trail mix.
You’ll also want to make sure to
pack plenty of healthy beverages such
as bottled water and low-fat milk for
the kiddos. For convenience, we like to
buy individual milk cartons, and fourounce 100 percent fruit juice. For your
caffeine needs, unsweetened or diet
iced tea and diet colas (in moderation)
will do the trick. Remember that
caffeine tends to dehydrate you, which
may mean more bathroom pit stops. If
you are flying to your destination, be
sure to stay well hydrated with water.
If you have to visit the convenience
store for snacks, look for unsalted
nuts or the sandwiches located in the
refrigerated section. Avoid deep fried
items, hot dogs, snack cakes, candy
bars and high-calorie beverages. Fast
foods can also make a trip turn sour.
Consider kid-sized portions, salads
and grilled items. You can research
most fast food restaurants in advance
to determine the healthiest choice.
We tend to stay a number of nights
when we travel, so I like to plan ahead
and pack items that can serve as meals
during the stay. This is especially
helpful for breakfast – instant oatmeal,
protein bars, whole grain cereal, yogurt
and fruit work well. We always look for
hotels with a dorm-sized refrigerator
to store our goodies.
Naturally, part of the fun of a
vacation is dining out and I’m no party
pooper, so here are my tips for that.
Always order a non-calorie beverage.
That one glass of soda that keeps
getting refilled can end up costing you
around 500 extra calories. Try to avoid
fried items. This includes appetizers.
When selecting your main course,
find meals that include lots of nonstarchy vegetables such as green beans,
broccoli or the like. If offered, select a
green salad with light dressing on the
side. Grilled meats, chicken or fish are
good choices. Limit high-fat toppings
such as cream sauces, gravies, butter
and sour cream. Consider sharing the
meal with a family member. Resist the
bottomless chip basket or bread bowl as
these can be calorie traps. For dessert,
how about ordering one serving and
sharing amongst the table? Generally
just a bite or two is enough to satisfy.
A website that might also be useful
is www.eatwellguide.org. You can track
your trip and it will show you local
farmers markets, health food stores
and restaurant suggestions along the
way. While these tips can save you
calories, they will also save you money,
which means you’ll have more to spend
on those precious vacation memories.
CN Marshal Sharon Wright said
using common sense on the river could
prevent a drowning or accident. She also
recommends wearing a life jacket while in
the water, especially if a person can’t swim.
If a person can swim, she said, the person
should not swim alone and should have a
companion in case of a crisis.
She said people should never jump or
dive into water without knowing what is
below the water or the water’s depth. She
added that some people may be familiar
with a river or stream, but that should not
make them less cautious, and they should
plan for an emergency.
“Have your cell phone on the bank so
that you can call someone, if you’re at the
lake, if there’s some crisis. If you’re on the
river, carry a dry box so that you can take
your phone with you,” she said. “Children
under the age of 12, any time they’re on the
river or in a boat, should have a life jacket
on even if they’re good swimmers.”
Fite agreed that it’s important to plan in
case of an emergency because help isn’t
instantaneous.
“Today, we have a society where we’re
used to things happening instantaneously,
and we have an expectation that if there’s
an incident a ranger is going to fall out of
a tree when we call 911 or EMS is going
to be right around the corner in the river,
and that’s not the case,” Fite said. “People
have to take responsibility for their own
actions.”
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• 918-453-5000, ext. 6139
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2011
August 2011 • Cherokee Phoenix 13
Students market items made at Entrepreneur Camp
BY TESINA JACKSON
Reporter
TAHLEQUAH, Okla. – Students from
Adair County showed their creativity
and marketing skills at a July 5 marketing
exposition at the Tribal Complex after
participating in a two-week Entrepreneur
Camp hosted by the tribe’s Small Business
Assistance Center.
“Today, we’re hosting an entrepreneur
expo with a group of students from Adair
County in grades fifth through eighth who
participated in an entrepreneur camp that
we hosted two weeks ago,” Veronica Hix,
SBAC entrepreneur development manager,
said. “Today, the students are showcasing
their business ideas and selling their
products.”
The 50 students who participated in the
camp spent the first week learning how to
produce a business plan, which allows the
students to understand how the operations
of their businesses work.
“They’ll create a mission statement.
They’ll talk about how they’re going to
market their business, you know, who’s the
president of their company, who’s going to
handle their finances, how much it cost to
actually create their business products and
what they’ll sell it for,” Hix said.
James Stephenson, 12, from Stilwell, said
he and his group created a salsa kit, which
included cilantro, onion and pepper flakes,
a jalapeño and two cans of diced tomatoes.
“We were thinking about making
A consumer looks at duct-taped decorated pens and headbands made by students who participated in the Cherokee Nation
Small Business Assistance Center’s Entrepreneur Camp in Adair County. Students spent a week learning how to produce a
business plan and another week creating the products, which were marketed July 5. PHOTOS BY TESINA JACKSON/CHEROKEE PHOENIX
T-shirts, but then we eventually just came
up with salsa. So we started doing it,” he
said. “We thought about what people put in
it and we looked at it and saw what was in
Students who attended the Cherokee Nation Small Business Assistance Center’s
Entrepreneur Camp in Adair County market bows and decorated clipboards that they
produced on July 5 at the Tribal Complex in Tahlequah, Okla.
Camp Cherokee provides cultural
experiences via academics
BY EMIlY TURNER
Reporter
TAHLEQUAH, Okla. – The Cherokee
Nation hosted its fourth annual Camp
Cherokee from July 11-15, providing a
cultural and academic experience for
young CN citizens.
Approximately 175 Cherokee students
ranging from grades sixth through 12
attended the camp, including several
students who have attended the camp
in previous summers. Many returning
students, such as third-year Camp
Cherokee participant Miriam Reed, said
they felt they learn something new each
time they attend.
“This year I’ve learned about where our
heritage comes from and why we do the
things that we do and how to play our
cultural games,” Reed said.
In the art component of the camp,
students participated in classes involving
singing, dancing and acting. Performing
arts instructor Amanda Ray, who taught
the students about acting, said the students
performed a puppet show titled “Rabbit
Sings with His Heart.”
“It’s a real fun opportunity for the
students to learn a Cherokee story and
then to have a lot of fun as actors,” Ray said.
On the last day of camp, students held a
showcase to show parents everything they
had learned throughout the week.
The camp was held at Sequoyah
Schools and the students lived in the
dorms for the duration.
The camp is funded by the tribe’s Health,
Environmental, Leadership and Education
groups, said Corey Bunch, Education
This year I’ve learned
about where our heritage
comes from and why we
do the things that we
do and how to play our
cultural games.
– Miriam Reed,
Camp Cherokee participant
Students in a dissection class dissect
animal hearts at the recent Camp
Cherokee in Tahlequah, Okla.
EMILY TURNER/CHEROKEE PHOENIX
deputy group leader, said.
Camp Cherokee began in the summer
of 2008, when a performing arts camps as
well as a science, technology, engineering
and mathematics or STEM camp were
held separately for Cherokee youth. The
attendance and interest in both camps
sparked the idea of making one camp
that offered both of these components.
The STEM portion of Camp Cherokee
provided various classes in which
students studied dissection, biology of
traditional plants and the water quality of
local rivers and streams.
In the dissection class, students
dissected animal kidneys and hearts
and learned about the differences in the
animals they studied such as bullfrogs,
sharks and sheep.
[email protected]
• 918-453-5269
it thought we would do it, too.”
The second week of the camp was spent
making the products that the students
envisioned. The students were fortunate
enough not to have to pay for some of the
materials they used.
“We were fortunate to have a couple
of partners from the community who
supplied some funds so that the students
could get most of the supplies that they
needed to produce their items at no cost
to them, and I’m very grateful to the Bank
of Cherokee County and Armstrong Bank
for donating some funds so that these kids
could produce the products that they are
showcasing today,” Hix said.
This was the first year for the
Entrepreneur Camp, which took place at
Maryetta Public School in Stilwell.
“This was actually a pilot program, and
so it was kind of a learning experience
for us as well,” Hix said. “We learned what
works, what doesn’t work and so next year
when we offer this camp it’ll be better and
a little more interactive but the kids had a
great time.
“In our minds it’s a great way to instill
entrepreneur spirits in our young people to
create our business leaders of tomorrow,”
she added.
Some items that students marketed
included doggie treats, pencil holders,
candle holders, snow cones, wallets,
headbands, clipboards, bows and T-shirts.
“They really learned a lot, and I think
today is just evidence that you know there’s
not a bad idea, that just about anything
can be marketed if it’s produced the right
way. And I think it’s wonderful that these
kids worked so hard and so diligently to
not just create a plan, which is a big deal
because we work with adults everyday who
struggle with that, but actually also created
a product that they can sell and make a
little money to put in their pockets to have
some fun this summer,” Hix said.
[email protected]
• 918-453-5000, ext. 6139
14 Cherokee Phoenix • August 2011
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2011
Former Tulsan to make Camp Scott movie
BY JAMI CUSTER
Reporter
TULSA, Okla. – Nearly 34
years after three Girl Scouts
were murdered at Camp Scott
in Locust Grove, writer/director
John Russell plans to name whom
he believes is their killer in his
upcoming film “Candles.”
Gene Leroy Hart, a Cherokee
man, was accused of killing
Michelle Guse, Lori Lee Farmer
and Denise Milner and hunted by
law enforcement officials in 1977.
He was acquitted of the crimes in
1979, but died three months later
of a heart attack while serving an
unrelated prison term.
Russell said he’s making this
movie because of his personal
connection to the event. He grew
up in Tulsa and attended the Boy
Scout’s Camp Garland in Locust
Grove as a child.
Russell said for the past
30 years he has interviewed
individuals and researched the
case. He’s also worked with a
former Oklahoma State Bureau
of Investigation officer.
“Matter of fact, we have an exOSBI officer that was involved
in the investigations in assisting
us as far as getting the facts
straight…and what was going on
within the community and the
law enforcement agencies (at that
time),” he said.
This film is not a documentary,
Russell said, but a drama based on
factual events. He called it a “bistory.” It will tell two stories – one
of the manhunt and trial of Hart
and one of the killer, he said.
Russell said he thought Hart
had gone astray as far as his sexual
prowess, but he was not a killer.
“The person that killed the
three girls is someone who is a
pathological and a psychopath,”
he said.
Russell didn’t name the
individual he believes is the killer,
only saying that this person was
not from the area originally and
is currently on death row in the
state penitentiary in McAlester.
The Cherokee Phoenix asked
of the legality of his naming the
individual and Russell said that
he it is rightful to do so.
“I believe it’s my right to express
what was told to me. I think it’s
my right constitutionally that any
information that I receive would
be considered evidence as long as
it was not disputed,” he said.
Russell said he’s attempted
to give his information to
authorities, but has not been
successful. He added that making
a film was his only avenue of
getting out the information.
“Now that I have a production
company and I have the vehicle
to do it, when my wife passed
away two years ago I felt free that
I could go ahead and do this and
not have any repercussions on her
either through threats or possible
attacks on her,” he said.
Russell said several people,
who he didn’t name, have made it
know to him that they don’t want
the film made. He only identified
them as law enforcement officials
from that time.
“The people that have been
attacking me certainly know
what I’m doing and why I’m
doing it, and they’re the ones that
don’t want the information out.
Basically, we’re opening a can
of worms or a Pandora’s box if
you will,” he said. “Because there
was Oklahoma law enforcement
officials involved in protecting
the killer for their own personal
reasons because of the drug
traffic that was taking place in
northeastern Oklahoma. These
people don’t want this story to be
told because they’re going to be
held accountable for why they did
what they did.”
Regarding the individual he
plans to name as the murderer,
Russell said if that person had
been convicted of previous crimes
then he wouldn’t have been free to
commit the Camp Scott murders.
“…The killer would have been
death row at that time and not at
Auditions for the upcoming movie “Candles” are held June 26 at Circle Cinema in Tulsa, Okla. Movie
producer John Russell said the movie is based on the murders of three Girl Scouts in Locust Grove in
1977. COURTESY OF CHANCE FILM PRODUCTIONS
Camp Scott,” he said.
Russell added that the
Oklahoma Film Commission has
refused to assist or support his
making the movie in Oklahoma
and told him “the film is too
controversial.”
“I’d like to try to force filming
there, but when you don’t have the
support of the film commission
we feel that we would run into
other obstacles where people
would try to stop us in having
success filming there. Instead of
bucking the proverbial winds that
might blow through Oklahoma
we decided to go ahead and make
the decision between our staff of
filming in Kansas,” he said.
Russell said he’s disappointed
about his movie not being
welcomed by the OFC and
believes that lack of support
would lead to others in the state
Annual Rogers and Post
Fly-In set for Aug. 14
BY STAFF REPORTS
OOLOGAH, Okla. – On Aug. 14, pilots
from throughout the region will land their
planes in Oologah for the annual Will
Rogers and Wiley Post Fly-In.
The fly-in is set for the Rogers’ Oologah
Birthplace Ranch at 9501 E. 380 Road.
The event will begin at 8:30 a.m. and
admission is free. Visitors are asked to
bring lawn chairs and sit under the shade
while watching planes land on a grass
airstrip adjacent to the ranch.
Visitors will also have the opportunity
to visit pilots and get a close-up look of
planes on the airfield.
Tours of the Rogers’ birthplace home
and barn will be available. In the barn will
be a small petting zoo. Also, Cherokee
storyteller Robert Lewis will be at the
event sharing Cherokee legends. Inflatable
items for children, music, concessions and
an antique and classic car show will also
be a part of the event.
In his daily newspaper columns and
weekly articles, Rogers, a Cherokee
Nation citizen, often wrote of his flying
experiences and was one of the first
to promote a United States Air Force,
organizers of the event said. Aug. 15 will
mark the 76th anniversary of his death
in a plane crash in Alaska in 1935. Post,
who was piloting the plane, also died in
the crash.
Rogers and Post, who twice
circumnavigated the globe, were
attempting the world’s first trans-polar
flight to Moscow when they crashed.
At 4 p.m. on Sunday, a fly-over will take
place along with the placing of a wreath
at the family tomb at the Will Rogers
Memorial Museum in Claremore.
For more information, call the museum
at 918-341-0719.
not wanting it filmed.
“…then who might possibly say
‘well, if you don’t have the support
of the film commission, then we’re
not going to support you as far as
filming on our land or filming
at our courthouse or filming at
McAlester state penitentiary for
that matter.’”
Leslie Blair, Oklahoma Tourism
and Recreation Department’s
public information officer, said
the state is out of money for the
rebate offered to filmmakers
through the OFC. She added that
the OFC reserves the right to not
be involved with movies that are
considered controversial.
“We at this time chose not to
send out a release about a casting
call. We’re not saying he can’t
make his movie in Oklahoma.
We’re not working against him.
We are not involved,” she added.
The OFC assists filmmakers
while filming in Oklahoma.
According to its website, it helps
find the best Oklahoma locations
for projects and minimizes
red tape during shooting.
Companies are required to fill
out the paperwork, including a
project information form and an
Oklahoma filming permit.
Russell held a casting call
on June 26 in Tulsa. He said he
had more than 500 people who
auditioned and had some “pretty
good talent.”
“We’re
thinking
about
auditioning in Oklahoma City. (I
hope) within the next 30 days if
we do it,” he said. “We had one very
good possibility for Gene Hart.”
[email protected]
• 918-453-5560
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August 2011 • Cherokee Phoenix 15
16 Cherokee Phoenix • August 2011
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