By JONAH LOSSIAH
One Feather Reporter
The EBCI (Eastern Band of Cherokee Indians) Office of Internal Audit and Ethics has dismissed a complaint filed against EBCI Attorney General Michael McConnell.
Ashley Sessions, a member of the EBCI, filed the complaint against McConnell following an incident that occurred at the Tribal Council House on Sept. 29, 2022. She alleged that McConnell ‘violated Cherokee Code Section 117-45 Standards of Ethical Conduct when he confronted the complainant in a hostile and intimidating manner during an interaction’.
Sections 117-45 of the Cherokee Code covers Tribal officials, including their role in the community and how they should conduct themselves. The Attorney General is an appointed position and would therefore fall under this this section of Code. The alleged violation was of Section 117-45.3(d), Code of Ethics which reads as follows:
‘Tribal officials of the EBCI shall not act individually, jointly or through another, threaten, intimidate, or discipline any person as reprisal for any legitimate action taken by the person.’
The Office of Internal Audit and Ethics received the initial complaint on Oct. 21, 2022. A copy of the complaint was sent to McConnell on Oct. 26, 2022 to which he responded on Nov. 18. This began an investigation that extended through January of this year. The Ethics Review Committee approved for staff to conduct interviews with two unnamed Tribal Council Members and other witnesses, according to the report. They also interviewed Sessions and McConnell during this time period to obtain information on the event.
The single allegation under review (in violation of Sect. 117-45.3(d)(10)) was dismissed, with the report citing there was ‘not sufficient evidence to support this allegation’. This led to the conclusion of the report stating that ‘there is no probable cause of an Ethics Code Violation, for the reasons set forth in the report, and the complaint should be dismissed in its entirety.’ The Committee suggested that no further actions be taken regarding this incident.
The report was finished on Jan. 30, 2023 and was formalized on Feb. 3, 2023. There was no further information in the report detailing the circumstances of the complaint or anything describing the altercation in question.
