Council overrides veto claiming Charter violation

BY HOLLY KAYS STAFF WRITER

why it’s there. For instance, the Principal Chief could not come forward and say, ‘I just

Following an 80-minute closed session don’t like this thing. I’m not going to sign it.’ discussion, Tribal Council voted 9-3 The reliance would be if it complies with the last week to override Principal Chief other checkboxes for tribal contracts, then Richard Sneed’s veto of an ordinance the he would be obligated to sign it and if he or body passed Jan. 14 changing how con- she did not potentially there would be some tracts for Legislative Branch functions are remedy for that.” executed. Legislative Counsel Carolyn Ward dis-

Under tribal law, any contract worth agreed with McConnell’s assessment, say$50,000 or more must be approved by the ing that, as keepers of the purse, Tribal Business Committee — which is composed Council is well within its rights to control of six of Tribal Council’s 12 members as well spending decisions within its own branch as the principal chief and vice chief — and of government. then signed by the principal chief before “The court has stated on several different becoming effective. occasions that executive and legislative are

The ordinance two totally separate branches of governSneed vetoed states that ment,” she said. “In 2016 Council took the contracts over the action to have Legislative Branch be $50,000 threshold do stronger,” she said. “You created the Tribal not need to go through Operations Program. You have your own the Business employees. You have your own branch that’s Committee or receive fully functional. To say that everything has the chief’s signature if to go through the executive for a signature, they stem from the Legislative Branch. Such contracts must be Principal Chief Richard Sneed that’s crazy.” Sneed took exception to that perspective. “The Charter says what it says,” he said. signed by the Tribal “I disagree wholeheartedly with Miss West’s Council chairman or vice chairman instead. analysis that Council can essentially do

When he introduced the legislation dur- whatever Council wants.” ing the Dec. 3 council meeting, Birdtown The Dec. 3 discussion ended with a Representative Albert Rose said it was in unanimous vote to table the ordinance, and response to past instances in which a chief when it reappeared on the agenda Jan. 14, had withheld his signature from legislative the vote was once more unanimous, with contracts. Council this time opting to pass it. The ver-

“All this is stating simply is it will give the sion of the ordinance attached to the Jan. 14 chairman and vice chairman the authority to agenda did not include McConnell’s sugsign off on contracts that this body needs,” gested revisions. said Rose. Sneed vetoed the ordinance, in his letter

However, Attorney General Mike to Council reiterating the arguments McConnell cautioned the body against McConnell had made Dec. 3, stating that the approving the ordinance. ordinance violated the Charter.

“I don’t think you can do what you want None of what appeared to be a lengthy to do,” said McConnell. “I think it violates discussion on the veto issue was conducted Section 20 of the Charter. I do respect what in open session. Rose moved to go into you want to do, and I want to suggest that closed session immediately after Sneed’s I’d like to find a different way to get there.” veto letter had been read into the record,

Section 20 of the tribe’s Charter and and Council approved the move by a unaniGoverning Document states simply that “no mous vote. The body went off-air for 80 minmoney shall be paid out except upon war- utes before coming back to vote. rant of the Principal Chief as authorized by Tribal law requires that any motion to go an act of the Council.” into closed session must cite one or more of

McConnell suggested that the ordi- the permissible reasons to do so listed in nance instead be amended to state that, Sec. 117-13 of the Cherokee Code. However, while the chief’s signature is still needed to no reason was cited prior to the start of the execute a contract, the chief cannot with- closed session. hold approval “unreasonably.” Voting to override Sneed’s veto were Additionally, he suggested, the ordinance Painttown Representatives Tommye could be amended to state that no contract Saunooke and Dike Sneed; Wolfetown over $50,000 approved by Tribal Council Representatives Bo Crowe and Chelsea would need to go through the Business Saunooke; Big Cove Representatives Richard Committee, because Business Committee is French and Perry Shell; Yellowhill primarily composed of Tribal Council Representative Tom Wahnetah; Snowbird members. Representative Bucky Brown; and Rose. The

“The problem is with the word ‘unrea- three votes opposed to the override came sonably,’” he said. “But as you work through from Chairman Adam Wachacha, Vice the law, sometimes you have to rely on that Chairman David Wolfe and Birdtown word, and the attorneys dealing with it know Representative Boyd Owle.

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