By ROBERT JUMPER
One Feather Editor
CHEROKEE, N.C. – The May 29 session of the Constitutional Convention for the Eastern Band of Cherokee Indians (EBCI) continued discussion on opportunities to expose some form of educational content and process for the community. The meeting started with a quorum present.
Chairperson Nancy Pheasant called the meeting to order and prompted Lloyd Arneach to do roll call.
Absent were (Judicial) Honorable Chief Justice Brad Letts, (Community Club Council) Janet Arch, (Past Constitution Committee represented as “Sgadugi”) Peggy Hill, (Young Adults) Jack Cooper, Raylen Bark, and Coby Taylor.
In attendance were [Legislative-Dinilawigi (Tribal Council) Elawodi (Yellowhill) Representative Shennelle Feather, Aniwodihi (Painttown) Representative Shannon Swimmer, (Executive) Pam Straughn, Randal Crowe, (Judicial) Honorable Judge Barbara Parker, (Community Club Council) Nancy Pheasant, Dakota Bone, (Past Constitution Committee represented as “Sgadugi”) Lloyd Arneach, and EBCI Beloved Woman Carmaleta Monteith.
Minutes for the March and April meetings were approved. Chairperson Pheasant stated that she had met with the Community Club Council (CCC) and learned that the CCC is open to educational meetings in addition to their regular meetings, indicating that making discussion part of regular meetings would be time-consuming. Chairperson Pheasant said she brought this information back to the Constitutional Convention for further discussion on content and how those meetings might proceed. Dakota Bone suggested an informational video to share the historical timeline of the work already done on the constitution and why it is important to have one. Lloyd Arneach agreed that a video might be more mentally palatable but expressed concerns that the Constitutional Convention didn’t have a consensual document to present in the video. Carmaleta Monteith referenced the steady flow of constitution education and information published in the One Feather over the years leading up to the 2023 constitution vote, and the need to continue keeping the community informed about the project calendar so the community can provide timely input. Chairperson Pheasant stated that she was open to the idea of a video and would need commitment and assistance from the Constitutional Convention delegates if she could confirm the use of resources to produce a video. Lloyd Arneach suggested creating with an eye toward social media. A vote was taken to “do a video” on the Constitution.
Chairwoman Pheasant addressed the need for substitutes for the legislative, executive, and judicial areas of government, since there are other commitments that take priority over the Constitution meetings for some. Carmaleta Monteith shared that the resolution that formed the Convention, and the policies prescribe that each of the community entities represented have an alternate representative named.
The Convention discussed Article 4 of the draft constitution, which establishes parameters for the legislative branch. Chairperson Pheasant expressed concern that not enough of the “communities” are engaged, possibly as Constitutional Convention delegates, to get representative feedback from those communities. She shared concerns over the expense of adding any communal representation to the legislative branch.
Rep. Swimmer added that another concern is at-large representation and the inability to hold office if a member does not live on the Qualla Boundary.
She stated, “We really, desperately need a constitution.”
Lloyd Arneach pointed out that the current governing document specifies that the weighted vote is determined by a census of those living on tribal lands, so those who live outside the Qualla Boundary, by law, are not to be counted to make that determination. Both Arneach and Rep. Swimmer suggested that is not fair and equal representation. She also expressed a need to discuss legislative staggered terms and adjustments to the legislative pension.
According to their stated policy, the June Constitutional Convention meetings will be held on June 11 and June 25. An additional work session was mentioned by the Chairperson. There was no additional discussion among the delegates on the work session, no specific date set, and no determination as to whether that would be a public meeting.
