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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
THE CHEROKEE NATION OF OKLAHOMA, Plaintiff, and PATTON BOGGS LLP, Intervenor-Plaintiff
v.
THE UNITED STATES OF AMERICA, Defendant.
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Case No. 89-218(L) Chief Judge Edward H. Damich
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CHEROKEE NATION'S APPENDIX EXHIBITS RESPONSE PATTON OF IN TO BOGGS CROSS FOR JUDGMENT MOTION SUMMARY EXHIBITS 23 - 38 OF 38 Arthur Lazarus, Jr. Sonosky, Chambers, Sachse, Endreson & PerryLLP 1425 K Street, N.W., Suite 600 Washington, D.C. 20005 (202) 682-0240, (202) 682-0249 (fax) alazarus@,sonosky.com Special Counsel for Plaintiff Cherokee Nation Of Counsel: Lloyd Benton Miller Donald J. Simon Anne D. Noto Sonosky, Chambers, Sachse, Endreson & Perry LLP 1425 K Street, N.W., Suite 600 Washington, D.C. 20005 (202) 682-0240, (202) 682-0249 (fax) lloyd@,sonosky.net;dsimon@,sonosky.com; anoto@,sonosky.com -
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RULES COMMITTEE LEGISLATIVE CONFERENCE ROOM September 16,2004 3:05 P.M. STANDING COMMITTEE: COMMITTEE PRESIDED BY: COMMITTEE MEMBERS PRESENT: Meredith Frailey Audra Smoke-Conner !%I! hhn X!!C~ John F. Keener Don Garvin Cara Cowan S. k c GGefiden Linda O'Leary Chuck Hoskin William "Bill" Johnson
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Rules Committee Meredith Frailey, Chair
Tarkic? Rnh Martin -. -. -a -.
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COMMITTEE MEMBERS ABSENT: David Thornton, Sr. Phyllis Yargee STAFF PRESENT: Fonda Gritts Doug Evans Diane Hamrnons VISITORS: Todd Hembree Ralph Keen Ed Crittenden Yes Yes See Attached Raymond Vann Julian Fite Doug Bane Vickie Hanvey Sharon Swepston Buel Anglen Melvina Shotpouch
QUORUM ESTABLISHED: LEGISLATION/RESOLUTION: MINUTES:
to Cherokee Nation's Opposition to Patton Boggs' Cross-Motion for Summary Judgment Cherokee Nation v. UnjtedSfates,No. 89-2 I 8 (Fed. CI.)
Ex. 23
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RULES COMMITTEE LEGISLATIVE CONFERENCE ROOM September 16,2004 3:05 P.M.
CALL TO ORDER I INVOCATION I ROLL CALL:
Chairman Frailey called the meeting to order at 3:05 P.M. Councilman Johnson gave invocation. Roll was called and a quorum was established.
APPROVAL OF MINUTES:
Councilman Baker made a motion to approve the minutes of the August 19' regular session; Councllmzn Garvin seconded the motion=Motinn carrid= Councilman Baker made a motion to approve the minutes of the August 1 6 Rules Sub~ Committee session. Council member Cowan seconded the motion. Motion carried. Councilman Martin made a motion to amend the agenda to consider an item under new business as item #5, Authorizing a Limited Waiver of Sovereign Immunity for a leasepurchase agreement on a dozer. Council member Cowan seconded the motion. Motion carried.
Marshal Service: Sharon Wright was not present to give report. Justice Department: Diane Hammons stated she had sent over a request for proposal for the statute codification for the council review and that the regulator semi docket will begin tomorrow. Election Commission: No one present to give report and no written report was provided. Tax Commission: Fonda Gritts announced the physically handicapped tags will go on sale Monday. She reported motor vehicle registration revenue at 17,370, boat and motor at 699, and the citizen tag revenue at 1,126. Total revenue is $14,097,015. They have received three retail sales applications, one from CNE in Tahlequah, CNE for the Cherokee Trails Golf Course, and one in Webbers Falls. The total revenue for tobacco tax for FY '04 is 2,000,208.00 and the total Cherokee Nation revenue is $7,602,881.00. Self-Governance: Vickie Hanvey reported the self-governance workshop will be rescheduled. The office of special trustees has requested a self-governance workshop to be put on for their staff. November 8-12 will be the self-governance conference in Seattle, Washington.
Gaming Commission: Jamie Hummingbird w s not present to give report. a
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OLD BUSINESS:
Jurv. odd Hembree stated this Act has been in front of this committee for the past thirty
days and the purpose of this Act is to establish procedures for empanelling Grand Jury with the Cherokee Nation. Councilman Baker moved for the approval of this Act. Council member O'Leary seconded the motion. Roll call vote is as follows: Buel Anglen Audra Smoke-Conner S. Joe Crittenden Don Garvin William G. Bill Johnson
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A Lenislative Act Creating Grand Procedures; Duties and Responsibilities of the Grand
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Motion for approval failed with a vote of five (5) yeas; and six (6) nays. A Lenislative Act amend in^ Duties and Responsibilities of the Office of Attorney General. This purpose of this Act is to amend the duties and responsibilities of the Office of Attorney General. Councilman Baker moved for the approval of this Act. Council member 07Learyseconded the motion. Roll call vote is as follows: Buel Anglen Audra Smoke-Comer S. Joe Crittenden Don Garvin William G. Bill Johnson Linda O'Leary Melvina Shotpouch Phyllis Yargee Absent
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Nav
Yea Absent Absent
Bill John Baker Cara Cowan Meredith Frailey Chuck Hoskin John F. Keener Jackie Bob M r i atn David Thornton, Sr.
Yea
Nay
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Absent
Motion for approval failed with a vote of five (5) yeas; and six (6) nays.
NEW BUSINESS:
Uniform Certificate of Title Act. Diane Harnmons stated Paula Holder and John Parris have worked on this Act and due to,their absence today she would ask that it be tabled to next months meeting. Councilman Martin moved to table this Act to the October Rules meeting. Council member Cowan seconded the motion. Motion c&ed. ApvrovaI of Attorney Fees from Arkansas Riverbed Settlement Funds. Julian Fite stated there was a Resolution forwarded to the Council for approval of a recommendation by Chief Smith of a certain list of attorney fees so that he could forward them to the Bureau of Indian Affairs for payment process pursuant to the federa1 legislation in the settlement of the Arkansas Riverbed Legislation that occurred in November of 2002. It is his understanding that one of the law firms has hired Mr. Keen and another local attorney to represent them and that they want to come to try and convince this Council that they
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should get $1.5 ml instead of the amount recommended. He would suggest a couple of things to the Council. 1) It has taken him literally hundreds of hours to go through all the information, contracts, billings, arguments, and history of this matter. It stretches fiom 1980's up through 2002 with numerous law firms involved. If the Patton-Boggs Firm is allowed to come and make their argument, then the Council would need to invite all the firms. The issues, history, and facts are not simple and he would suggest that this Council would be hard pressed to ever be able to spend the time to begin to understand these matters. 2) If this fmwants to challenge the executive decision that the Chief has asked the Council to approve, then they can challenge at the Bureau of Indian Affairs level and bring action in Federal Court or use the Tribal Court, But this Council is not a court and all the Council will be hearing would be arguments on who should get what amount of money. He feels that it would be hstrating and purely a waste of time because there are other forums to approach if they have a bone to pick. Ralph Keen stated he and Jeff Jones have been contacted by Patton-Boggs and retained by this law fr to assist them in presenting this claim before the Tribal Council. This is im a result of two years of the Cherokee Nation Administration attempting to determine how these fees should be paid out. They admit there are a number of firms involved in this and there is not enough money to satisfy all of the claims. There has been $2 ml dollars allocated through the federal settlement to be paid to attorneys as approved by the Cherokee Nation. He respecthlly disagrees with Mr. Fite when he says that the issues are too complex for this body to hear. This body has a responsibility to hear these issues because the BIA is going to be cutting checks based upon what this body determines. There are other forums available, but are those the types of forums we want this to wind up in is the question. Would Cherokee Nation prefer the Tribal Council try to resolve these issues or would they rather fight this out in federal court? Patton-Boggs would much rather present its claim to this Council as they have a solid legal claim based upon a binding contract signed by Chief Wilma Mankiller in 1989 and it was approved by the BIA and as far as the firm is concerned this is just a simple matter of contract law. The Cherokee Nation is either going to honor the contract or not. With respect to Mr. Fites recommendation they would have no objections to the other firms being invited to present their claims. They certainly do have a problem and do take objection to the amount of money the fm would be receiving under the Administrations proposed resolution and they would like to have the opportunity and a forum to discuss this issue with the Council. Todd Hernbree stated he agrees with Mr. Keen that he has faith in this body to obtain information to make a wise decision. He would recommend to adjourn this meeting, call a special meeting for this purpose only, invite all f m s , Mr. Wilwxen, Patton-Boggs, and Mr. Fite to give a short timed presentation and answer questions for this body to process its do diligence and make the most informed decision on these attorney fees. Councilman Hoskin made a motion to table this item to set aside a special meeting to hear these issues. Councilman Crittenden seconded the motion. Councilman Hoskin asked Mr. Fite if he was aware of anyone else that has reviewed these proposed fees outside of the Cherokee Nation. Mr. Fite stated yes. Councilman Hoskin asked if that person(s) should be here. Mr. Fite stated he would have to discuss that with Chief Smith. Pursuant to the complaints of Mr. Reeder, the Chief agreed to
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have all materials reviewed by an independent law fr that has never done work for the im Cherokee Nation. He would have to discuss with the Chief whether or not he would want those individuals present or not. The identity of the fr has not been revealed for the im reason that Cherokee Nation did not want them approached by the other firms. Councilman Hoskin stated the Council should have an opportunity to ask questions of those individuals. Chair Frailey asked Mr. Hembree to coordinate a date that all firms to could be present. Chair Frailey stated it has been moved and seconded that this item be tabled until a date is set by Mr. Hembree for the special meeting. Motion carried. Election Commission. Chair Frailey asked if there were any other community forums scheduled to be held or that want to be held before this is all finalized. Councilman Hoskin stated he would like to schedule another community forum. He has not set a date but he will let .her know. Todd Hembtee reminded the Council that they have a vacant . ~ ~~n PlxzicI? m r n msqd ~he srsula e?.r,=s*ge the Cou;-.cii ic ~ s EGEi;;ss fGr two slots are chosen in the near future because of the election forum becoming due. Councilman Martin stated he would like to set a date for the Council to submit names. Chair Frailey stated she would like to set an election sub-committee meeting first before everything is presented. Todd Hembree recommended soliciting resumes that would be brought forward at the next Rules meeting then interview individuals in person and selects the Council's two seats at the next month meeting. Councilman Baker would like to be able to submit nominations from the floor before the h a 1 day. Council member Cowan would like to set up criteria for nominations. Councilman Garvin made a motion to bring nominees to the October Rules meeting, interview them at the November Rules meeting and if someone is found interim they can be put in the process and elect the two nominees at the December Rules meeting. Councilman Baker seconded the motion. Motion carried.
pr& 4a r
Codification. Diane Hammons stated that she has had some discussions with Mr. Hembree on hiring an outside person to put together the different cd's and different accumulations of statutes to get one clean batch. The statute books have not been updated since 1994, The sub-committee had discussed sending an RFP out and she has pmvided the committee with a draft request for proposal. She does not feel like the person would have to be a lawyer, a paralegal could probably do it. She feels the expected hours for the project would from 25-80 hours. Councilman Baker asked if the Council would be hiring the person and the Executive Branch would furnish the money. Diane stated what was taIked about was that the Government Resources and Law & Justice would split the cost for hiring that outside person. She feels $10 - $15,000 wouId be plenty for the project. Councilman Martin asked what procedure a person would go through in applying for this position. Diane stated if a request for proposal was submitted and sent out asking people to send in their proposals then the Council wouId determine which one is the best. Maybe Becky Mitchell's department could assist the Council in getting a RFP published and distributed, if needed. They had suggested Faye Teague, just because she does not work full time and has the experience. CounciI member Cowan made the motion to have the Executive Branch do the RFP and go through Cherokee Nation procurement processes and guidelines. Councilman Baker asked if the motion is to let Administration do it, or do you want them to do the leg work and Meredith be named the contact person. Council member Cowan stated she would like to keep the executing part to the executive branch and the Council allocate the money and make the requirements around it as a Legislative Branch. Councilman Baker stated he would
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rather the Executive Branch allocate the money and let the Council execute the process. Diane Hammons stated they had initially proposed to do all of it. Councilman Garvin seconded the motion. Council member Connei asked Councilman Baker what the Council's part would be to process this the way he suggested. Councilman Baker stated the Council would advertise for this position and Meredith is more than able as the Chairman and Attorney to handle it. This is a legislative hnction by law of the Cherokee Nation and why would the Council give a legislative h c t i o n out to Administration when it is the Council's b c t i o n . Council member Cowan stated if that was a consistent thought process then we would not have removed the line item fkorn the budget a year ago that allows the legislative tracking and codification through that s o b a r e . She is struggling with that as a reason why the Legislative Branch should be doing day to day business for the Cherokee Nation. Chair called for the question. The question could not be called due to a lack of quorum.
ADJOURNMENT:
Meeting recessed due to a lack of quorum.
Minutes submitted by: Motion to approve minutes made by: Minutes attested and concurred by: Date:
Gayle Miller, Recording Secretary
I
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RULES COMMITTEE SPECIAL LEGISLATIVE CONFERENCE ROOM October 20,2004 1:05 P.M. STANDING COMMITTEE: COMMITTEE PRESIDED BY: COMMITTEE MEMBERS PRESENT:
Meredith Frailey Melvina Shotpouch Ei!! Jcks E2!!er Melvina Shotpouch *Entered meeting after roll call. Chuck Hoskin David Thornton, Sr. Cara Cowan Phylllis Yargee* ;z;k-;ig BGbMa
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Linda O'Leary
COMMITTEE MEMBERS ABSENT:
Buel Anglen William "Bill" Johnson Audra Smoke-Conner
John F. Keener
STAFF PRESENT:
i
Melanie Knight
Doug Evans
Vickie Hanvey
VISITORS:
Todd Hembree Ralph Keen Alan Foster Jim Wilcoxen Kate Boyce Nathan Young Charles Dry Joe Reeder Joe Membreno
QUORUM ESTABLISHED:
Ys e
MINUTES:
See Attached
Ex. 24
to Cherokee Nation's Opposition to Patton Boggs' Cross-Motion for Summary Judgment Cherokee Nation v. United States, No. 89-2 18 (Fed. CI.)
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RULES COMMITTEE SPECIAL LEGISLATIVE CONFERENCE ROOM October 20,2004 1:05 P.M. CALL TO ORDER / INVOCATION / ROLL CALL:
Chairman Frailey called the meeting to order at 1:05 P.M. Council member Shotpouch gave invocation. Roll was called and a quorum was established. Arkansas Riverbed Settlement Attorney Fees Chair Frailey stated the purpose of this meeting is to discuss the attorney fee arrangement on the Arkansas Riverbed Settlement and the discussion will begin with Todd Hembree giving a brief overview. Each law firm wi1.l have 15 minutes to present the merits of their claim. 1. Overview: Todd Hembree stated in 1966 the Indian Nations filed a claim to assert their ownership of the Arkansas Riverbed and this cultimated into the 1970 supreme court case, "Choctaw Nation versus Oklahoma", which the Supreme Court gave the Indian Nations title. In 1987 the case of the United States versus Cherokee Nation stated the riverbed ownership did not exempt the Federal Government from their navigational servitude. On September 8, 1988 Chief Wilma Mankiller through the Council of the Cherokee Nation entered into a contract with Jim Wilcoxen and Mr. Niebell to pursue claims that were authorized by an act of Congress. This contract authorized Mr. Wilcoxen to hire other attorneys to assist him and he engaged the Hall, Estill Law Firm. This was for a contingency contract of 10% upon the riverbed settlement. The case number filed under this contract was #88-1112, that went through the appellate court and was ultimately denied by the United States Supreme Court. On April 17, 1989, under Chief Mankiller, Cherokee Nation by confirmation of the Tribal Council entered into a contract with Patton, Bogg Law Finn to prosecute the mismanagement claims that of the resources of .Cherokee Nation regarding the Arkansas Riverbed. This contract provided a monthly retainer fee of $5000.00 to basically pay against a 10% contingency fee. There was some $400,000 paid under this contract. Councilman Hoskin asked if the payment made was a portion of the 10% contingency fee or was it outside the contingency fee. Todd Hembree stated what the contract called for was that they receive a contingency fee of up to 10% less any attorney fees paid. PattonJ3oggs at this time is claiming $1.5 ml. which is the remainder of $2 ml. less what has been already been paid. The ultimate case number filed is #218-89L. Litigation continued and attempts were been made for legislative settlement, Eventually now with the help of all attorneys here today, that settlement has been reached. This will result in an amount of $20 ml. dollars for the Cherokee Nation. In the legislative settlement, which took place in December 13, 2004 the outstanding claim that was cited was case #218-89L which is the mismanagement claim. Also, under the legislative settlement 10% is reserved for attorney fees. Under section 607, the BIA asks for a Resolution to confirm the expenditure of how those attorney fees would be paid out. On October 24, 2003 Julian Fite issued a memorandum outlining Administrations suggestions on how the fees should be apportioned. The apportion for Wilcoxen is $400,000 under their contract plus $150,000 bonus, the Niebell estate apportion is $100,000, Hall & Estill apportion amount is $280,524.57, and the recommended apportion to Patton Boggs is $126,000 plus a $25,000 performance bonus in their assistance to get the
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legislative settlement passed through Congress for a total amount of payments at
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$1,106,524.57. Patton Boggs claims $1,596,041, which is 10% of the $20 million less the fees that have already been paid by Cherokee Nation. 2. Overview of Research Findings: Julian Fite stated the Wilcoxen and Niebell contract was signed in 1988. Mr. Niebell died in 1994 and the portion of the fees that Administration recommends will be paid to his widow. Since 1988 Wilcoxen, Niebell, and the Hall Estill Firm have not been paid any money on this matter. They were instmental in the final resolution with Congress and that is the basis of Administrations recommendation on their portion. Patton Boggs had a separate contract executed by Chief Mankiller and it was his understanding that in 1994 there was a major motion put on to resolve this matter by settlement by legislation. In 1995 under Chief Byrd's Administration for a period of time Patton Boggs stayed involved in the case and at some point in the spring of 1997 Chief Byrd terminated the contract with Patton Boggs and hired the Swidler Berlin Law Firm. Their
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Wilcoxen and the Hall Estill Firm. They proceeded along with negotiations with the BIA, the Justice Department, and Congress resulting in the final resolution in the latter part of 2002. Todd Hembree has outlined the provisions in that Act concerning attorney fees, fiom that $20 ml. dollars a maximum of $2 ml. can be paid out. The legislation states provided an individual tribal attorney fee contracts as approved by the respective Indian Nations. Pursuant to the legislation anotherlo% was set aside for claims by any other Indian Tribes, which was specifically designed to allow the United Keetoowah Band to assert their claims to Cherokee land. Should they prevail in their lawsuit they would take another $2 ml. away and then the maximum attorney fees would be $1.8 ml. dollars. There was a monthly payment in the Patton Boggs contract that provided for $5000.00 a month to be paid for work done under that contract and they also had another contract for companion lobbying services. They were paid roughly $400,000 dollars from 1989 to 1997 on the attorney fee contract and roughly another $600,000 on the lobbying contract. That was $8000 a month and upon his examination of all the records and included in a letter from Kate Boyce stating that there was an unbilled amount of attorney fees in the amount of $126,000, that is where he got the figure that is now being challenged. His thinking on this issue which has been endorsed by Chief Smith and now by David Riggs of the Riggs Firm in Tulsa is that when Chief Byrd terminated the services of Patton Boggs in 1997 it severed the relationship. Patton Boggs Firm did not come to this Council and did not file a protest with BLA. Furthermore, no fi.uther work was performed on the case after April of 1997. In the fall of 2002 Wilma Mankiller spoke with Kate Boyce and Joe Reeder and asked if they could assist in getting Senator Inhoffe not to block the bill. It was done with the knowledge of Chief Smith although Cherokee Nation did not hire them to do it or offer to pay them to do it. He also states in his memo that none of the lawsuits were ever won. Neither of the firms won the law suit, it was a congressional resolution. Councilman Hoskin stated it was requested through Todd Hembree for the work product of Mr. Riggs. What was examined and what his official findings were? Mr. Fite stated Mr. Riggs was hired on an attorneylclient relationship with the Nation and his product was considered confidential ftom the beginning and attorneylclient communications are protected under Cherokee law also. Councilman Hoskin asked Mr. Fite if he thought it to be just as important for the Council to see the work product as it would be for a court to see it in order to make a decision. Mr. Fite stated he is not given the job or duty to represent or protect the Cherokee Nation. He is not challenging this, the Patton Boggs Firm is. Mr. Riggs has specifically asked that this not be revealed and it was understood from the beginning that this
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would not be revealed and he doesn't know why it is so essential for the Council to look at it. Councilman Hoskin stated for the reason that the Council needs all the facts to make the most intelligent decision that they can. He would just like to see what he was given and what he produced because after all he assumes Cherokee Nation paid for his services and he feels the purpose of this meeting today is to try to come to a resolution where Cherokee Nation won't have to go to court. Mr. Fite stated that he very respectfully disagrees and thinks that actions of this Council in going into this matter are more iikely to prompt litigation. Councilman Hoskin asked Mr. Fite if he felt that it is the responsibility of the Council to be involved in a matter that is going to cost the Cherokee Nation in excess of $1 ml. dollars. Mr. Fite stated the Nation is in the midst of plenty of litigation and he doesn't know that this Council is in a position to resolve any of it. He wants the Council to be concerned and he will tell the Council anything they want to know. Councilman Hoskin stated it would seem the Cherokee Nation Council would be an instrumental part in determining a decision on
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Councilman Baker asked Mr. Hembree where in the Constitution it states that the Chief and his lead counsel are the Cherokee Nation. Mr. Hembree stated the constitution does not state that. He stated the Administration has brought this resolution to the Council for consideration and the BIA has asked for a Council resolution to endorse this settlement before it was voted for in Congress. The Council is the governing body of the Cherokee Nation and it is very important and appropriate for this Council to consider this action. The specific information that he requested h m Mr. Fite's office was: I) the identity of the im outside law fr used to review the Riverbed fee division; 2) a copy of all information given to the outside law firm for their review; 3) A copy of their written recommendations or explanation; 4) a copy of any documents used in the Administration's determination of the fees. If this Council does not know who the third party was and what they reviewed and what was their findings then it would be hard to put a lot of state in that independent third party review. If this is to be the selling point in this matter then the Council is entitled to know what that information is and it is a matter of great importance to the Nation that is well over $1 ml. dollars. He also stated under the FOIA Act the Council can request those items and under the subpoena power of the Council that was passed during the last legislative session the Council can take those actions. Under the Governmental Open Records Act the Council itself cannot be shielded born any document. Mr. Fite stated he begged to differ with Mr. Hembree because he has reviewed those pieces of legislation and both of them provide for non-revealing of attomeylclient privilege materials. Councilman Baker made a motion to subpoena the report and work product fiom Mr. Riggs and all the documents that were furnished by Cherokee Nation for his study and review and to authorize Todd Hembree to ascertain those documents through any act of the Cherokee Nation in the most expedient fashion. Councilman Hoskin seconded the motion. Motion camed with Council member Cowan abstaining.
3. Introduction of Patton Bongs Reuresentatives: Ralph Keen introduced Alan Foster, who is a current partner of the Patton Boggs firm and Kate Boyce and Joe Reeder who are past partners but were the actual attorneys that worked and labored on the Riverbed litigation. He stated over fifteen years ago in 1989 Principal Chief Wilma Mankiller approved with the Tribal Council and the BIA a contract to hire the nationally renowned law firm of Patton Boggs to bring legal action in the U.S. Claims Court for the first time ever a claim of mismanagement of tribal assets against the BIA Patton Boggs is one of the two top lobbying law firms in Washington, DC. In the fall of 2002 with the help of Patton Boggs the
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litigation was settled with federally legislated relief for the Tribe in the matter of $20 rnl. dollars. Oklahoma law allows a contingency fee up to 50% and that usually involves cases that don't extend more than two to three years. In this case the Patton Boggs firm contracted for a rate of 10% and that case now has extended for fifteen years. Patton Boggs entered into a contract in good faith with Cherokee Nation to litigate the Riverbed claim and the question today is whether or not Cherokee Nation is going to honor the contract that they signed in 1989. The contract states Patton Boggs can only be terminated for cause and it also required the approval of the BIA before the termination would be effective. This clause was put in there to protect the law firm fiom being arbitrarily dismissed or fired. The termination was not performed as required by the contract and even though they were taken off the case is still hlly enforceable for their fees. 4. Patton Boags Claim: Kate Boyce stated Chief Mankiller retained Patton Boggs to look at a . -_.. . " . intiin CGiiCCE F Z S me ie$si~t+~~e ags;lc ; cr L $ C i c K e Sirricii ifi waisnm@~r;,5 Z=;?d c; -. Arkansas Riverbed. They lobbied for and secured a total of $3 ml. dollars for cadastral surveying of the Arkansas Riverbed boundaries. They developed and litigated the only viable legal theory that secured federal compensation for losses stemming fiom the mismanagement of the Cherokees' Arkansas riverbed trust assets and they entered into a separate contract to pursue this litigation to keep it set apart from the legislative work they were doing.
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Joe Reeder stated that the statement made by Julian Fite that Jim Wilcoxen was there fiom the beginning is incorrect as it relates to the contract. He has been there from the beginning in cases that were filed such as the "takings" and "fair dealings' case. These cases were litigated to their end and he was specifically called in by Chief Mankiller to review these cases and recommended the theory of mismanagement. M . Wilcoxen did make an r appearance in the mismanagement case on September 14, 1999 more than ten years after the case was filed. Mr. Fite states there was overlap and there is absolutely no overlap whatsoever. There is a written contract for fees and the total fees paid were $649,000 over a period of eight years and the appropriations for the Cherokee Nation during that time were over $17 ml. that identified the project not counting the $1 ml. dollars a year that the Nation gets every year and have since they got the tax to read that the benefits go the Cherokee Nation. They are not looking to litigate anything; they are here for a fair resolution.
Alan Foster stated the ten percent clause in the contract states the Cherokee Nation and the Attorneys recognize the Attorneys would provide many more legal services than the amount of $5000 a month and therefore that was an amount to be paid against a 10% contingency should they recover anything. It also states any amount is recoverable through litigation or legislative process. It was always contemplated that the legislative process might be the way that this matter would ultimately be resolved. On page 2 of the contract it states that said Attorneys will pursue as their top priority either through the litigation processes or complementary legislative efforts, a resolution by way of settlement. The termination clause states this contract may be terminated by the Cherokee Nation with the consent of the Tribal Council of the Cherokee Nation for cause deemed by the Bureau of Indian Affairs to be reasonable and satisfactory. There was never such determination by the Tribal Council or the Bureau of Indian Affairs. On April 18, 1996 he wrote a letter to Chief Byrd and stated that Patton Boggs contract with the Nation in c o ~ e c t i o n the litigation extends to July 2, with 1997 and their contingent interest in the proceeds continues through to the conclusion of the dispute and is cancelable only "for cause". As there has never been any indication that any
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"cause" for cancellation exists, they will begin preparation of their brief immediately. He was then written by Mr. Wilcoxen who said not to do anythlng and do not file any briefs and this is the only reason they stopped working on the case. They are here to be treated fairly and they need to get what they have invested in this case. Councilman Hoskin moved for a five minute break. Councilman Crittenden seconded the motion. Motion carried. A five minute break was taken at 2:30 p.m.
5, Wilcoxen Contract: Jim Wilcoxen stated when the Supreme Court ruled in 1970 when the Tribes owned the banks of the Arkansas River whether well documented or not from that day forward there has been a considerable and continuing effort to gain some just compensation for these mbes in Washington. He came on board in 1985 and action was pending in the Federal District Court in Muskogee. As a young lawyer having the specter and opportunity to
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servitude barred their claim for recovery of damages. Patton Boggs was alleviated of their duties wisely or unwisely by the Byrd administration and they left the litigation and their contract by its own terms expired in July of 1997. He stated everyone present today had a hand in resolving this matter and he wants to see everyone get a fair shake and they do not dispute Administrations assessment of their fees but their fees are recommended well below their 10% contract. His total billed amount was $600,000 but it has been cut to $550,000.
6. BIA Status of Settlement Fun&: Melanie Knight reported in terms of the appropriations authorized under the Act it was to be $10 rnl. dollars for all three tribes for each of four years starting with fiscal year 2004. The Cherokee Nations allocation of that was 50%, so it would be $5 ml. each year for four years starting with fiscal year 2004. What occurred in 2004 was that the President in his budget requested $10 ml. dollars, however; in the congressional process through appropriations there was an across the board cut of certain percent. The cut that came out of the FY '04 appropriations amounted to $65,000. The amount that actually came out of appropriations in 2004 was $9.935 ml. dollars and it was put into a single account and they requested that this amount be broken out to the three tribes according to the Act and the set aside for the UKB claim. 50% of the $9.935 ml. dollars has been separated into an account for Cherokee Nation and also at the same time set up the special reserve account for the UKB claim of 10% ($496,000) of the Nations allocation. The balance of the Nation's allocation is $4,470,750. They have gone over what the Act provides in regards to attorney fees. It is limited to a total of 10% which would be $447,075. At this time fiscal year '04 has not been appropriated and fiscal year '05 appropriations are not finalized. This is what they have as a limitation on what can be spent on attorney fees. They have claims that are well above and beyond and the way they have structured the Resolution is that those will be paid on a prorate basis until the total funds are appropriated and allocated to the Nation.
7. Resolution for Pavment of Attorney Fees: Julian Fite stated the resolution began as a
standard recommendation from the Chief for approval by Council to get the ball rolling on resolving this matter in Washington. Issues have come up and he will attempt to work with Todd Hembree with appropriate confidentiality provisions for the Council to review the information from Mr. Reeder. He did not feel it was necessary or appropriate but obviously the Council feels that it is a big deal. He suggests that maybe the Council would want to defer action until this is resolved and the Council gets a chance to look at the documents.
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Councilman Baker made a motion to table any action on this item until such time the Council receives the requested information for review. Councilman Martin seconded the motion. Motion carried.
1
ADJOURNMENT:
Councilman Baker moved for adjournment. Councilman Crittenden seconded the motion. Motion carried. Meeting adjourned at 3:15 p.m.
Minutes submitted by:
Gayle Miller, Recording Secretary
Minutes attested and concurred by: Date:
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RULES COMMITTEE LEGISLATIVE CONFERENCE ROOM November 18,2004 3:20 P.M. STANDING COMMITTEE: COMMITTEE PRESIDED BY: COMMITTEE MEMBERS PRESENT:
Meredith Frailey* Audra Smoke-Conner
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Don Garvin Cara Cowan
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William "Bill" Johnson Jackie Bob Martin
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Chuck Hoskin Melvina Shotpouch
Linda O'Leary
Buel Anglen
* Entered meeting after roll call.
COMMITTEE MEMBERS ABSENT:
John F. Keener
Phyllis Yargee
STAFF PRESENT:
Melanie Knight Brian Pollard Shay Smith Paula Holder Diane Hammons Sharon Wright Doug Evans
VISITORS:
Todd Hembree Lisa Melchoir Raymond Vann Nason Morton Yes Yes See Attached David Cornsilk
QUORUM ESTABLISHED: LEGISLATION/RESOLUTION: MINUTES:
Ex. 25
to Cherokee Nation's Opposition to Patton Boggs' Cross-Motion for Summary Judgment Cherokee Nation v. United States, No. 89-2 18 (Fed. CI.)
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RULES COMMITTEE LEGISLATIVE CONFERENCE ROOM November 18,2004 3:20 P.M. CALL TO ORDER / INVOCATION / ROLL CALL: Chair Crittenden called the meeting to order at 3:20 P.M. Council member Shotpouch gave invocation. Roll was called and a quorum was established. APPROVAL OF MINUTES: Councilman Baker made a motion to approve the minutes of the October 1 4 regular ~ fie C)ctohm 20" qecia_j &toher I lth R-ujes Suh-C~m-~ifiee sessionsession, session. Councilman Thornton seconded the motion. Motion carried. Councilman Thornton made a motion to amend the agenda to bring resumes forward for the election commission. Councilman Garvin seconded the motion. Motion carried. Council member Cowan offered a friendly amendment to add the nominations for the advisory board member roles per legislation to CNE, CNI, and CNB. Councilman Martin offered a firiendly amendment to move the nomination of Richard Stark as a board member of the Economic Development Trust Authority Board of Directors to the first item on the agenda. Councilman Thomton accepted friendly amendments. Councilman Garvin seconded the amendments. Motion canied.
A Resolution Confirming the Nomination of Richard R. Stark as a Board Member of the
Economic Development Trust Authoriw Board of Directors. Melanie Knight stated Mr. Stark has extensive experience in banking and he would be an asset to the Economic Trust Authority. Mr. Stark stated he is a graduate fiom Oklahoma State University and started his banking career in Muskogee with the Commercial Bank Trust. He is currently with First Priority Bank and he operates a branch in Tulsa He has extensive backgrounds in commercial and state loans. Councilman Garvin moved for the approval of the resolution confirming the nomination of Richard R. Stark as a board member of the Economic Develo ment Trust Authority Board of Directors and forward to fill council on December 13 . Councilman Johnson seconded the motion. Motion carried with Council member Shotpouch opposing.
8
ELECTION COMMISSION RESUMES: Raymond Vann - Council member Conner spoke on bebalf of Mr. Vann and commented that Mr. Vann has been involved in Cherokee Nation activities for many years. She feels he has a passion for the Cherokee people and is very knowledgeable in Cherokee issues. He served on the last election commission and she asked for the Council's support to place Mr. Vann back on the election commission. She believes experience is a valuable thing and he is a bonafied Cherokee who is ready to step up and do the work. Edwin L. Martin - Councilman Thornton spoke on behalf of Mr. Martin and commented that Mr. Martin is very active in the community. He has served as the election board secretary for Sequoyah County in 1987. Mr. Martin stated he is fiom Sallisaw and is in
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the nursing home industry. He also operates several juvenile facilities in the state of Oklahoma. He has been involved in all types of politics on one level or another. He was nominated by the Senator fiom LeFlore County, Larry Dickerson to be the election board secretary of Sequoyah County and served three years until he chose to retire. He implemented the computerized election system. He has read the election rules and the constitution of Cherokee Nation and he is very supportive of the Cherokee Nation. Maxine P. Harris - Counci1m.m Thomton spoke on behalf of Ms. Harris and commented that Ms. Harris is a retired school teacher and is a tribal member. She has always been active in tribal elections and issues. Rick Dohertv - Councilman Martin spoke on behalf of Mr. Doherty and commented that Mr. Doherty has been a lifelong resident of Stilwell and is very active in the community. *p~. s$2i';edhe ,.t -ue agd s i h e i l H;& SchGol in 1979, hs f+o
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children and two step-children. He is active in the Baptist Church and has served in various positions on the Finance Committee, Chairman of the Administrative Council Board of Trustees, a substitute mail carrier for six years, and full time mail carrier for sixteen years. He has presently operated a bail bond business in Stilwell for the past thiieen years. He has been active in all phases of politics 6om the City Council elections to other civic organizations. He is a member of the Cherokee Nation. He feels this is a position that he would be interested in and he would have the time to give it a good effort and be able to put the time into it that was needed. He works with the Sallisaw Bondsman and has other associates that would be able to cover his area. Lisa Melchoir - Ms. Melchoir stated she is a mother of two teenage boys and resides in Pryor, Oklahoma. She is employed with the Mayes County Assessor's Office and has eight years of banking experience with the City of Owasso. She is a member of the Cherokee Nation. She has started an organization called the Saline Preservation Association to preserve the Saline Courthouse. She does have a concern of time if it requires eight hours during the day because of her fill time job requiring her to be there from 9:00 to 5:00. She is a busy person but she will work hard and is very dedicated. Council member Cowan commented that Ms. Melchoir is a person busy by choice and she feels that Ms. Melchoir would take the position very seriously. Chair Crittenden stated the selection for the Election Commission will be made next month at the December regular meeting. Council member Cowan made a motion to hear the Justice Department's report fmt due to Sharon Wright stepping out of the meeting to take care of marshal business. Council member Conner seconded the motion. Motion canied.
REPORTS:
Justice Department: Diane Harnmons reported they are moving to a new office space which is located where and previously occupied by the Payroll Department. They have hired two new attorneys, Nason Morton, from Stilwell, a tribal member and whose mother previously served on the Tribal Council. He has a lot of experience and will be an asset to the department. The other attorney is in court and will be present at the next meeting. The Delaware decision was handed down yesterday and it is a very good
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decision for the Cherokee Nation and it reiterates that Administrative Agencies as Departments of the United States have to follow their own rules and can't make the rules up as they go along, nor can they ignore the President of the United States Supreme Court. She went to Rogers County yesterday to meet with officials of Indian Child Welfare to discuss the concern of the tribal custody children for the angel tree. There are approximately seventy children in custody and there are about twenty-nine people who have offered to sponsor an angel. Councilman Baker stated the Council approved $75.00 per child to go to the Executive & Finance Committee. She thanked the Council for their generous donation. Marshal Service: Sharon Wright stated they had a couple of people fiom their office enter the Halloween contest and they won thud place. They participated in the trunk for treat in Stilwell. They participated during Red Ribbon Week at Kenwood School, P 1 0-L--1 ---1 =& GrsE =l_u_r._? 3 1 ; : . ' , . : , * U ,+id $ F.?esegf&ri~E&i the @GK1pl~~. ; z;zq presentations at five other communities including Sequoyah High School. They had two marshals attend gang seminar training and another marshal attend drug court system training. They had thee lab busts last month, two in Cherokee county, one in Adair County, and they seized 175 marijuana plants in Delaware County. They had a report of robbery at a Tulsa Smoke Shop involving three black males and they are in the process of identifying them through the gang task force in Tulsa so they may get them on the crime stoppers. They have had three sexual assaults within the past week. One of the sexual assaults has a tribal and federal warrant for the arrest of that individual. They had a robbery at the Outpost this past week. They have narrowed that robbery down to three suspects and they will be requesting a warrant for the robbery. They made an arrest of a federal warrant on the sexual assault that occurred in White Oak three months ago. They have a meeting today at 2:00 p.m. on the cross deputization in Rogers county. They have started their program of trying to do their concentrated efforts in the four areas which are Bell, Cherry Tree, Kenwood, and Cherokee Heights. They have begun patrols this month. Election Commission: No one present to give report. A written report was not provided.
Tax Commission: Paula Holder reported the tax commission has collected $1 ml. this fiscal year. They have sold 2380 tags this fiscal year for a total of 61,248 tags. The Tribal Motor Vehicle program has collected over $15 million dollars. The Tax Commission quarterly meeting is scheduled for December gth at 5:30 p.m. Meeting issues on the agenda include the discussion on the passage of State Question 713 and the status of the compact. Councilman Hoskin stated when the Council passed the 100% disabled tags the Council debated on who should qualifl. He feels in a situation where there is a 100% disabled citizen they should be entitled to a tag. The requirements to have their car altered still does not change the fact that these folks are 100% disabled and he feels that the Council should revisit that decision and they could change that to meet whatever requirement it is to be 100% disabled. He would like the Council to consider doing that and he is not asking for a vote as this time but he would like to see it on the agenda. Paula Holder stated if the Chairman would like to place it on the next agenda she could prepare the numbers and impact to the revenue and the details of the physically disabled tags to help the Council with their decision. Chair Crittenden stated the 100% disability tag requirements will be placed on the agenda for the December 16" Rules
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meeting. Council member Cowan requested Ms. Holder to provide a clear definition of what 100% disabled is. Paula stated she will bring the legislation and provide the Council with a packet. Self-Governance: Melanie Knight commented on the Delaware case and stated there are two deadlines now that will happen. Within ten days of the decision the Delaware's can appeal to have the lothCircuit Court to hear the case. If they do not make that appeal they can appeal to the Supreme Court within ninety days. The Administration feels very positive about the Supreme Court Case hearing they attended last week. The timeline on the decision will be about February or March. The commitment h m the Interior on the Constitution approval was that after the election of November 2ndthey would give the Tribe the favorable decision on the constitution. They will be following up with a letter fiom the Chief as well as phone calls and or meetings to the Chief to make sure to get a
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Band Gaming Case. They made their response brief and have filed3 so that is available. They have written a recent letter of the Roads Compact being in arrears by $4.6 ml in terms of paying timely. It has been due for a long period of time and with the letter going forward that money has since been paid. Another issue in the letter was that the payment process is really inadequate and they are reporting incorrect information of federal highways and all sorts of things. They are now looking at their payment process and addressing that issue. They also owe the Tribe interest on the $4.6 million and the Tribe will be pursing that as they move forward. Gaming Commission: Jamie Hummingbird was not present to give report.
NEW BUSINESS:
A Resolution A p ~ r o v i n ~ Recommendations of the Office of General Counsel for the Payment of Attornev Fees from the Arlcansas Riverbed Settlement Fund. and Authorizing the Principal Chief to Submit the P a p e n t Plan to the Bureau of Indian Affairs. Todd Hembree stated the confidential attorney billing records have been in the Council House office and under the terms of the confidentiality agreement they are to remain in the Council House for 21 days to give the Councilors ample time to come in on their own to review them. He will also be preparing a memo for the Councilors review. It would be premature to act on this issue until such time as the confidentiality agreement is met. Councilman Martin made a motion to table this item to next months meeting. Councilman Anglen seconded the motion. Motion carried.
An Act Amending Legislative Act #19-00. "Establishinn a Free and Independent Press for the Cherokee Nation", Deleting Items and Making Technical Corrections. Melanie Knight stated this is in response to a request by the Editorial Board to change the qualifications for the Editor for the Press and note in the Legislation on page 2, section 8, item " A to strike the requirements for a bachelors degree in journalism or a related field. Council member Cowan made a motion to accept the amended legislation. Councilman Johnson seconded the motion. Roll call vote is as follows:
Meredith Frailey Buel Anglen Audra Smoke-Comer
Yea & a
& i ! r
S. Joe Critteriden Bill John Baker Cara Cowan
& U
& Yea
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Don Garvin William G. Bill Johnson Jackie Bob Martin Melvina Shotpouch Phyllis Yargee
& a
Yea Yea
&Y
Absent
Chuck Hoskin John F. Keener Linda O'Leary David Thornton, Sr.
Hay
Absent
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Motion to accept the amended legislation failed with a vote of six (6) yeas; and seven (7) nays. A Resolution Ratifi/ing Intervention in Litigation in the United States Court of Federal Claims. Melanie Knight stated this legislation is in regards to the UKB claim on a portion of the settlement h d s for the Arkansas Riverbed but also that they are a successor in interest to the Cherokee Nation which implies that they are at least in part eiiti:!d to other o f the Cherokee P.,Tatio~ d sc bzcr~se the Cirre=7:ent's !wk cf w cf adequate defenses they have presented in the case as well as the far region impact of this case not only the possible $2 million actual h d i n g but then the precedent that it would set if the case was lost for all the other assets of the Cherokee Nation. The Principal Chief has made a decision to intervene in the case and because he has moved to intervene they have a legislative act on the book that requires that they bring any such litigation to the Council for approval. She stated the resolution also includes any rights, titles, and interests in Cherokee Nation has and all of its assets. Todd Hembree stated that it would behoove the Cherokee Nation to intervene in this process. Council member Cowan moved for the approval of this resolution. Council member Frailey seconded the motion. Motion carried. Legal Services for Tribal Council. Todd Hembree stated this item was placed on the agenda by Chair Frailey after she received a letter of inquiry fiom General Counsel Fite. He has spoken with Mr. Fite and the synopsis of the letter was that the resolution that allows each council $5000 in legal expense was passed sometime in the Byrd Administration and since then there have been many changes in the Council one of which they have hired a full time Counsel. The letter basically is an invitation to discuss the topic if the Council still wants the requirement. It is in the Council's FY'O5 budget. Secondly, what if any policies or restrictions would be placed on the $5000 dollar requirement. He told Mr. Fite that he felt it would behoove the Council at this time to put i this on the agenda for discussion only. The Council may discuss now or contact h m later in formulating policies if any that they feel that are necessary for placing requirements on the $5000 attorney fees. Councilman Baker stated he was on the Council when this was passed and it was taken very seriously when it was passed. It is $5000 per Council person, it has no restrictions on it, and it gives each and every Council person the opportunity if they didn't agree with the rest of the Council to be able to get legal advice or sue the Council if that is what they deemed necessary. He voted to pass it on principal and not because he wanted to sue anyone. Council member Cowan recommends the Council set a legal fee and a standard per hour the same as what the Council pays for their Council Attorney, Todd Hembree. A maximum fee per hour and a requirement that they would have to have a memo fiom Todd Hembree that it could not be a case addressed by you as the Council's legal advisor. A work product needs to be delivered and the Council can no longer afford to pay retainers for two attorneys that do not deliver work products. The work product will need to be reviewed by Todd Hernbree in order to retain attorney client privilege so that Todd Hembree know and understand the work
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product delivered for the money. The money cannot be spent except for that particular Councilor and not spent on another person or another person's case and any other manner except for that Councilor that is involved and they have to be listed as a party to that suit. Council member O'Leary stated if these things are enacted she will be the first to file a lawsuit and she will be naming the Chief, Councilor Cowan, and Julian Fite. This Council is the legislative body and they have a right to legal advice and opinions. The Administrative office has eight (8) attorneys aad here we are the Legislative Branch trying to put restrictions on the people's elected officials who represent Cherokee Nation. The Councilors do not need Todd Hembree's approval, nor do they need the approval of the Council. When each Councilor determines as a representative of the people that they need to ask a pertinent regarding legal situations then each Councilor should have the right to do so. What would be your reason Council member Cowan for taking that authority away fiom the Council or even suggesting that? Is it to tie the Council's hands ~rwhzt? This is ,sea;cyzs zqd if this eces dc:v~~:s e ~mp-?tees s .,he sits t & ~ ys a h. Council Representative for the Cherokee people, she will bring forth a suit against Administration, Julian Fite, and some of the Councilors. Council member Cowan commented first that Roberts Rules of Order asks that you don't address people in particularly and under that knowledge she has tried to address her own behavior that she don't particularly address any individual as an individual except for the Chair and anyone that is speaking. That is courtesy for Robert's Rules of Order. But since she has been addressed and the question has been pointed at her and asked publicly, she will answer it. If you as Cherokee tribal citizens who want to know where $5000 each of the $75,000 dollars a year go, she wouM question some of the expenditures of legal fees by some people even on this Tribal Council. It is extremely important that they as Council people remember their fiduciary responsibilities. There has to be some kind of rules and guidelines in order to expend money in a proper way with some kind of procedure and not just a blank check. They are elected officials and she appreciates the people who elected her and put her in this position. But it is not a position of power to be used for whatever she wants; it is a position that is to be scrutinized. With that said and taking into account earlier comments about legal is the need for privacy on certain issues in respect to the legal relationship that lawyers have and that is why she has put a lot of thought into this to put the Council's legal advisor, who is paid full time almost by the Cherokee Nation. The Council expends Cherokee people's money to have Mr. Hembree here as their full time advisor. There is not always a need and when this legislation was enacted there was not a fill time advisor for the Council. The Council needs to put it upon themselves to reevaluate this and she has thought through those rules and has had them on her mind for awhile and she doesn't want to hamper the Council. There may be times that she brings suit upon the Council but she would like the thought that someone such as Todd Hernbree or someone else in the Cherokee Nation procurement process makes sure that she was expending the people's money appropriately in some form or fashion. That is all she is asking, now if a person is doing something questionable they might not want to have anyone involved and that is her thought as a Council person and in this process. This is her personal opinion and that is probably how she will vote. Councilman Thornton stated he can primarily see having Todd Hembree as our lawyer but Todd has an opinion, Chief Smith has an opinion, therefore if he is involved in civil rights and Cherokee rights he may want to get an outside opinion and that is primarily the reason he wants to keep the attorney fees and he feels the Council members should have the right to go outside the Chiefs lawyers opinions and the Council's lawyer opinion. Sometimes he has asked Todd Hembree for an opinion and he could not give one because
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he is involved in the lawsuit. Todd Hembree stated first of all there are going to be times when he is going to be wrong and there are going to be times when Julian Fite will be wrong. The existence of this fund is important. The rules cannot be completely untempered. There needs to be some rules and they should be very limited nor should they be a blank check. He suggested they have that in their deliberations whenever they contact him about setting up some type of rules. Chair Crittenden stated he agrees with several things that have been said and he does not feel that the $5000 is an issue. He feels that it is more of the parameters that are in question and he suggested in the absence of time that each Councilor individually contact Mr. Hembree and give him their thoughts and ideas and keep it limited. Councihnan Hoskin stated he was also on the Council when this legislation was previously passed. He stated this is one of those decisions that each Councilor has to make outside of their own personalities. It is a decision that each Councilor has to make that if there was someone else sitting in their -- :--..-:C KG'.:.. ;j;;55: _ -:::rG:;l:cG: .-:;=Tr;~ca, .......... fit-_ .p:,: W S .L:d'g i=::: 'y,.i :JE'.C : L : they want that person to have the right to have limited funds to go out and try to seek a legal opinion. It may be an opinion contrary to what Mr. Hembree is saying; he may be the one that he is opposed to. Why would he want Todd to review if that is correct or not. But he agrees there needs to be some restraints and he is not opposed but the Council needs to make real sure that what they do here affects people in the futurejust as well as it affects them. He would be opposed to having a requirement in having an attorney with the Nation or with the Council's own attorney to review it. Todd Hembree recommended that the issue be limited to Cherokee Nation Tribal Council business and they can work on the definition of what that is to make sure that everyone is satisfied. The work product requirement is not a bad idea. He asked that when the Councilors are contacting him about their ideas they be tempered. Council member Frailey commented that when Mr. Hembree and Mr. Fite were reviewing this they were not looking at it with the intent of eliminating it. Todd Hembree stated there was not intent to eliminate it. Councilman Garvin stated in the absence of time he made a motion that each Councilor give their ideas to Todd Hembree and move to table this item to next months meeting. Councilman Hoskin seconded the motion. Motion carried.
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Advisow board Members. Council member Cowan stated it was brought up in the Executive & Finance meeting last month about the advisory chairs and advisory board members from the Council to the Nation's majority owned entities which would be CNE, CNI, and CNB. After researching there is nothing that can be found in the notes where the Council actually appointed and voted on those advisory board members. The Legislation does not state that the Chair and Co-Chair of the Executive & Finance Committee are automatically on any of those advisory boards. Therefore, the way she interprets it, the legislation that was passed states the Council needs to vote on all three members of each of the three entities and they need to nominate fiom this body the candidates. Councilman Baker stated since this Council has been seated no elections have taken place. Councilman Hoskin stated the discussion was that it would be logical to make sure that the Council had representatives from the Executive & Finance Committee on their primary financial means such as CNE and so it was decided that if the Chair and Co-Chair chose to hold those seats and if there was no opposition to it, they then voted on it. It was also discussed to have someone who had a facility in their district to serve and Councilman Thornton volunteered and Mary Cooksey was voted as an alternate. Council member Cowan stated the Legislation reads that there shall be an advisory board of directors for all corporations in which the Cherokee Nation is a
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majority shareholder. This advisory board shall consist of three members of the Cherokee Nation Tribal Council. The Tribal Council shall appoint these members according to their rules and procedures. The advisory board shall have full access to all information and meetings of board of directors and have all privileges of board directors except for voting privileges. New language was also added in another section stating that provided that a director shall not serve more that four consecutive years without confinnation by the Tribal Council to a corporation where the majority shareholder is the Cherokee Nation. Councilman Anglen stated at this time and according to Act, the l
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