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By Rose Hooper
Impeachment proceedings against two of Cherokee's top elected
officials have taken a hiatus until after the tribe's Sept. 4
general election.
In the meantime, attorneys interested in prosecuting the case
have until Aug. 28 to apply for the job.
The two who stand accused - Principal Chief Leon Jones and former
tribal Chairman Bob Blankenship, who resigned his post last week
- have the same amount of time to choose their attorneys.
The two are charged with violating the tribe's confidentiality.
The impeachment process began last week after an investigation
indicated they used the tribe's enrollment list for political
gain.
A letter mailed prior to the tribe's June primary to enrolled
members living off the reservation accused six of the tribe's
12 council members of taking away members' rights. The letter
stated the six "do not represent your best interest. Many
of them would take your per capita payments if they could. This
may be your last time to have a vote on who represents you in
your tribe."
The letter was traced to a Franklin post office box rented by
former Chief Jonathan Ed Taylor, who was impeached in 1995.
Although the investigation found that Jones secured the list for
Blankenship, who, in turn, provided the list to a citizens' group,
no criminal wrongdoings took place, according to investigator
Bill Jones.
A Waynesville attorney who previously worked for the late Charlie
Hipps in the District Attorney's office, Bill Jones said the tribe
has no clear access restrictions to the enrollment list. To prevent
similar problems in the future, the tribe should establish regulations
for the list, he recommended.
"I believe that the violations were by the enrollment committee
themselves and not by the chief or Mr. Blankenship," Bill
Jones said.
Though no criminal wrongdoing was found, some tribal council members
say they believe the action represented ethical misconduct and
a violation of the oath of office and are, therefore, grounds
for impeachment.
Two related issues have caused additional controversy in this
matter - absentee voting and a recent enrollment audit. Chief
Jones vetoed council's absentee voting referendum, which outlined
allowable circumstances for casting such votes. Allowable circumstances
were listed as: 1) serving in active military duty, 2) employed
with the Bureau of Indian Affairs assigned to duty other than
on the Cherokee Indian Reservation, 3) enrolled in institutions
of higher learning, 4) employees of the tribe who are required
to be away from Cherokee for training and other reasons required
by their employment, 5) illness or 6) those who physically reside
on Cherokee trust lands but who will be absent from Cherokee on
election day for business or personal reasons.
Blankenship was one of six to vote against the referendum, which
passed in April by a one-vote margin.
The referendum's author, Snowbird/Cherokee County Rep. Brenda
Norville, and her supporters contend that absentee voting can
control an election and more controls should be placed on those
living off the reservation.
Some council members also contend more controls are needed on
who is named to the enrollment list. An audit has been suggested,
with DNA tests required for future applicants. Neither the chief
nor Blankenship supported an enrollment audit.
Currently, each enrolled member receives more than $6,000 a year
in per capita checks from proceeds of Harrah's Cherokee Casino.
Members living off the reservation could impact an election and
use of casino money, say those calling for limits on absentee
voting and enrollment. Most members calling for limits are also
calling for impeachment.
Chief Jones, defeated in the June primary, steps down from office
Oct. 1, regardless of election results. He told tribal council
he will not resign because "I have not violated any law or
any oath of office."
Blankenship, who resigned his chairmanship Aug. 7, remains as
a candidate to represent Yellowhill community.
Tribal members tell council their concerns Monday,
Aug. 11, during impeachment process
Ann Blythe: In my opinion, council members started
this fight. I work at the casino and we're held accountable. I
think tribal council should also be held accountable. Not one
person sitting on tribal council hasn't violated some election
protocal. You didn't follow proper procedure in naming Albert
Crowe as chairman. I thought the vice chair (Larry Blythe) automatically
should become the chair. Should we impeach you because you didn't
follow protocal?
Phyllis Coons: Your actions in this chamber started this whole
mess. This impeachment is a political ritual that should be stopped.
Will Harris: This conspiracy has been going on for a while. They
(Leon Jones, Bob Blankenship) didn't break federal or state rules,
but they broke our rules. Keep going through with this impeachment
process; it needs to be translated for our elders.
George Martin: Laws have been broken. Two people on the election
board said they were ordered to send out absentee ballots.
Ray Bradley: What this proves is that we definitely need a constitution.
We need election laws, too, then we won't squabble about who gets
the election list. The investigator found no crime committed;
the chief is out of the (election) picture, so it's up to you
to stop this before it gets out of hand.
Jim Bowman: As a former council member, I say to you, let's keep
unity within this tribe, not create dissention. Let's keep some
level heads here. I don't see grounds for impeachment.
Patrick Lambert: What are we doing to each other? What message
does our action send to our children? It's distressing to watch
the mentality of tearing someone down. How can we be so mean-spirited?
It's like the Salem witch trials. We are a more proud people.
We need to build each other up, rather than tear each other down.
Where is the love?
Robert "Pedro" Blankenship: I've lived in Alaska the
last 15 years, but I flew down here to show support for my father,
who is a most honorable man.
Arizona Blankenship: My only regret is that I didn't give my father
10 grandchildren to carry on his name.
Jeanette King: It saddens my heart to see what's going on. What
about faith, hope, charity and, most of all, love for our people.
God said a divided house will surely fall. Look within yourself
- is it worth it?
Alice Lambert: Bob and Leon have done a lot of good for this tribe.
When you say let's get rid of all the white Indians, well, this
is one white Indian who is going nowhere.
Eunice Washington: This is not a TV game show. Get on about your
business.
Ruth Mata: Chief Leon Jones and Bob Blankenship knew they were
violating the law when they got that list. They should be impeached.
Enoch Climbingbear: They violated our trust by getting the enrollment
list.
Sylvester Crowe: If the enrollment disk ended up in the trash,
my question is, "Was there more evidence destroyed?"
I request that "B" Ensley be given Yellowhill's 14 votes
so Yellowhill doesn't lose seven votes 'cause Bob stepped down.
Missy Crowe: I hold the chief and chairman in the highest regard,
but (Jonathan Ed) Taylor was impeached for fraud. When the investigator
found the return address belonged to Taylor and to Bob, that's
a violation of our Cherokee governing document for Bob to be involved
with someone convicted of fraud. As chief and tribal chairman,
they should have held themselves to the highest degree of the
law and they chose not to. They lied when asked if they had anything
to do with it.
Mary Ann Thompson: You have to look at four laws and consider
if they have been breached - federal law for communicating threats
through the mail, tribal law, election law and oath of office.
We need to set accountablity for future leaders.
Elsie Rattler: I don't understand very good, but I understood
the investigator say there's nothing there.
Lewis Harding: The enrollment list has been released in previous
elections; sharing the list is not considered a breach of confidentiality,
nor does it violate Cherokee law. There has been no violation
of confidentiality, no criminal acts, no defrauding of the tribe
and no violation of the oath of office. If we move forward with
impeachment, aren't we violating the law under the pretense of
uphold the law?
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