Ethics report finds TABCC member violated Cherokee Code

by Feb 13, 2023NEWS ka-no-he-da0 comments

By JONAH LOSSIAH

One Feather Reporter

 

The EBCI Office of Internal Audit and Ethics released a report that states there was ‘probable cause’ that Shannon Ross, a member of the Tribal Alcoholic Beverage Control Commission (TABCC), was in violation of four pieces of the Cherokee Code.

The report stems from a complaint that was filed on August 31 of 2022. It alleged that Ross ‘failed to act in a professional manner and attempted to use the prestige of his office to influence and intimidate others’ during incidents that occurred at Harrah’s Cherokee Casino Resort.

The findings were that Ross was in violation of four of six aspects of Code that were being reviewed. The violations in question are the following:

  • Section 117-45.3(d)(5): The respondent used the prestige of the office to advance personal interests of others or themselves.
  • Section 117-45.3(d)(10): The respondent acted individually, jointly or through another to threaten, intimidate, or discipline any person as reprisal for any legitimate action taken by the person.
  • Section 117-45.3(d)(14): The respondent participated in a private activity that detracted from the dignity of the office or interfered with the performance of official duties.
  • Section 117-45.3(d)(15): The respondent failed to maintain or enhance the honesty and integrity of his respective office; and safeguard the reputation of the EBCI as a whole.

The report cites three incidents that occurred over the space of a week. The first on August 20, and the second and third on the night of August 24 into the morning of August 25. The allegation painted a picture of misrepresentation and disregard for Harrah’s Cherokee Casino Resort’s drinking policy. The following is the description of the first incident on August 20:

‘Mr. Ross was at Harrah’s Cherokee Casino where he identified himself as an Alcohol Law Enforcement (ALE) Officer to a bartender [redacted name] in an attempt to convince [redacted name] to violate the casino’s alcohol policy and serve him a second cocktail before he had finished his first.’

The next alleged happening was a more detailed account.

‘[redacted name] encountered Mr. Ross at Harrah’s Cherokee Casino again. Mr. Ross was being loud and obnoxious and using terrible language causing guests to leave the area. Bartender [redacted name] also encountered Mr. Ross later that evening. Mr. Ross attempted to get [redacted name] to violate the casino’s alcohol policy by instructing him to sit a second cocktail behind the machine until Mr. Ross finished his first and then he would grab it. [redacted name] informed Mr. Ross that was a violation of policy, and he had to finish the first cocktail before he could be served another. Mr. Ross again identified himself as an ALE Officer and as the person responsible for writing the Tribe’s alcohol law and informed him that he was wrong in regard to policy.’

According to the report, the incident continued after midnight and escalated from there.

‘Just after midnight, Beverage Supervisor [redacted name] was called to Sports Book Bar 2 by [redacted name] regarding Mr. Ross claiming to be ALE and wanting extra alcohol. [redacted name] approached Mr. Ross where he again identified himself as an ALE Officer. Mr. Ross argued with her about why he could not be served a second cocktail while he still had one in hand. [redacted name] then red-lighted Mr. Ross for being intoxicated. Mr. Ross then asked her if she knew Mike, the attorney for TABCC, and advised her not to call security. When [redacted name] called security Mr. Ross became irate. He informed [redacted name] he was Josh Taylor’s (Chief ALE Officer) boss, and he would just call Josh. Once Josh arrived, he took over the situation and eventually drove Mr. Ross home.’

The report states that multiple witnesses corroborated this story and said that Ross falsely identified himself as an ALE Officer. After review, it was decided that Ross used his prestige, lied about his position, detracted from the dignity of his actual position, and attempted to intimate workers at the Harrah’s Cherokee Casino Resort.

The Audit and Ethics Committee recommended that Ross face consequences of a 1,000 dollar fine and require him ‘to obtain an alcohol assessment with adherence to the recommendations of that assessment.’

Principal Chief Richard G. Sneed submitted a resolution to Tribal Council to have Ross removed from his position on the TABCC Board. The Council and Chief Sneed debated the topic at February’s Tribal Council session, which led to the Principal Chief withdrawing his resolution. Tribal leadership decided that they would offer the TABCC Board a chance review the investigation and offer a recommendation to Tribal Council on how to handle Ross’s position.

No further decisions have been made at this time.