Proposed ordinance aims to ensure transparency for tribal boards
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VOTE TO TABLE
February 26-March 3, 2020
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Smoky Mountain News
The ordinance was tabled by unanimous vote, but not out of opposition to its contents — council members said they wanted more time to work out the details and ensure that the provisions would work in practice. For instance, while the council chambers are set up to easily record and stream meetings, as it is they’re often occupied with Tribal Council business. Some members were concerned that the ordinance as written would hamstring the boards’ ability to conduct business by creating a bottleneck on meeting space. “I understand the concern, but I just want to make sure we’re not locking this building down to where it’s hard for anybody to even squeeze a meeting in,” said Chairman Adam Wachacha. Crowe acknowledged that was an issue that could use some more discussion. “I kind of figured that it wouldn’t pass today, that there is some stuff that needs to be worked on,” he said. “That’s one of them that we had discussed.” Tribal member Becky Walker came to the mic to voice her support for the ordinance, saying that logistical concerns about meeting space should be a distant second to the need for transparency. “If you deem it necessary that they carry out their business in the daylight like you do, then you have that full authority,” she said. “It sets right here in these chambers. A building space shouldn’t even matter. The transparency and the public trust that any of these boards and you are all responsible for should be apparently clear to the people in the community at all times.” The ordinance does not specify the council chambers as the required location for such meetings — it simply says that the meetings must be televised or streamed and open to the public. Meeting at the councilhouse would simply be the easiest way to meet those requirements.
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BY HOLLY KAYS STAFF WRITER ribal Council is considering an ordinance change that would require the tribe’ various boards and committees to publicly televise or stream their meetings. Wolfetown Representative Bo Crowe, who submitted the ordinance, said that he crafted it in response to frustration he’d experienced requesting minutes from one of those entities. “One of the issues that I’ve had that really got me started wanting to work on this ordinance here was asking for minutes and not receiving any of the minutes yet,” he told Council during its Feb. 6 meeting. “So the way I look at it if we can get them to where they start meeting inside the chambers and being aired, then we won’t have to worry about having to ask for minutes.”
management agreement with Caesar’s and in that management agreement which the tribe approved, any information that is exchanged between Caesar’s and TCGE is confidential and proprietary.” Due to that fact, said Davis, the TCGE would not support a requirement to televise its meetings. Attorney General Mike McConnell added that there may be similar restrictions on what meetings are and are not public for other boards and committees listed in the ordinance. “All of these are either intended to be revenue-generating or dealing with, like with TERO, revenue that might be generated from a contractor, the idea being that politics are going to stay out of that management of the business side of the tribe,” said McConnell. McConnell also echoed the logistical concerns brought up Feb. 6 about access to the council chambers, which is currently the only location set up to televise meetings. A better approach, he said, might be to make firm decisions as to what meetings or parts of meetings Wolfetown Representative Bo Crowe discusses his ordinance during a work session Feb. 24. EBCI image are and are not open to the public and then enact a deadline by The ordinance also incorporates the reasons The ordinance also includes a clear defiwhich minutes of those meetings must be for closed session included in the section of nition of what a meeting is, something that completed and transmitted to the Tribal code dealing with Tribal Council. is lacking in the ordinance governing Tribal Operations Program, where tribal members The ordinance applies to seven specificalCouncil meetings. According to Crowe’s could easily access them. ly listed public bodies, as well as to standing ordinance, a meeting — as used in this secThose caveats from Davis and McConnell committees of Tribal Council. The bodies list- appeared to resonate with several members tion only — refers to a “majority congregaed include the Tribal Gaming Commission, tion of the board, committee, etc. at the of Council. Tribal Casino Gaming Enterprise, Cherokee same time and location to hear, discuss, “I think there needs to be thoughtful School Board, Cherokee Police Commission, review on this to see what the implications Tribal Alcoholic Beverage Control are from the standpoint of the welfare of the “The transparency and Commission, Tribal Employment Rights tribe before we get hasty, before we start Commission and Sequoyah National Golf going down a rabbit hole we can’t find our the public trust that any Club LLC Board of Directors. way out of and harm our people in the of these boards and you However, the ordinance exempts the process of trying to help,” said Big Cove Business Committee, Housing Improvement Representative Perry Shell. are all responsible for Program Committee, Qualla Housing Crowe, meanwhile, appeared to stand by should be apparently Authority Board of Commissioners, Social his legislation, beginning to relate a recent Services Committee and Enrollment conversation on the topic he’d had with an clear to the people in the Committee from its requirements. Hannah unnamed TCGE member. That conversation Smith of the Attorney General’s Office sughad given him some “heartburn” about the community at all times.” gested that council members consider strikissue, he said. However, Wachacha stopped — Becky Walker, tribal member ing some of those exemptions. him to suggest he think twice before telling “I understand enrollment, because those the story in open session. are confidential issues, but we probably need deliberate or take action on any item that is “If we want to go into closed session and to make sure that we’re clear that Business within the subject matter jurisdiction.” The discuss specifics, then we can do that and we Committee would still be an open commitdefinition also covers communications that can discuss specifics,” he said. tee, because there are a lot of financial transare not carried out in person but are used to At that point, council went off the air achieve the same effect. It does not prevent a actions that happen there, and we need to and into closed session, with the livestream make sure there’s sunshine on that,” she said. showing an additional hour of meeting time majority of members from attending the same public gathering as long as no “subject during which video and audio were not probusiness matter” is discussed. vided. Sec. 117-13(b) of tribal code lists the ORK SESSION FOLLOW UP Additionally, the ordinance lays out reasons for which Tribal Council may go into approved reasons for which a legislative a closed session, provided that a motion is The conversation took a different turn body described in the section may go into made and adopted beforehand citing the during a work session held Monday afterclosed session. These reasons include disreason. However, no reason for the closed noon, Feb. 24. cussing a final draft audit, decisions regardsession was stated. “Our meetings are not open to the pubing real estate and payment terms, advice Tribal Council could vote on Crowe’s lic,” Ann Davis, attorney for the TCGE, told from legal council, matters posing a threat to Tribal Council during the work session. ordinance during its upcoming meeting public buildings security and essential pubThursday, March 5, but an agenda for that “Tribal Council is welcome to attend, as is lic services security, and personnel matters. meeting is not yet available. the chief. Because of the fact that we have a 15
