By BROOKLYN BROWN BIGMEAT
One Feather Reporter
CHEROKEE, N.C. – On the afternoon of Tuesday, July 14, the Cherokee Police Commission held their monthly meeting in the Ginger Lynn Welch Poke Salad Room. Chairperson Anita Lossiah called the meeting to order at 12:00p.m. Secretary Israel Rodriguez led roll call.
Commissioners present were Rick Queen (Wayohi, Wolftown), Regina Rosario (Aniwodihi, Painttown), Treasurer Kym Parker (At-Large), Hillary Norville (Tutiyi, Snowbird & Tsalagi Gadugi, Cherokee Co.), Chairperson Anita Lossiah (Elawodi, Yellowhill), Secretary Israel Rodriguez (At-Large), and Vice Chairperson Gene Tunney Crowe (Tsisqwohi, Birdtown).
Joseph Buddy Johnson (Kolanvyi, Big Cove) had an excused absence.
Guests in attendance were Lead Tribal Prosecutor Leo Phillips, Tribal Alcohol Law Enforcement (ALE) Chief Justin Wade, Cherokee Indian Police Department (CIPD) Assistant Chief of Police Josh Taylor, and One Feather Reporter Brooklyn Bigmeat.
The previous meeting minutes were approved with a motion by Crowe seconded by Rosario.
Wade provided the ALE report. Rodriguez requested that ALE provide updates on the seven businesses who sold alcohol underage in the undercover operation reported on at April’s meeting. Wade said he would provide a detailed update but did communicate that some permittees had paid their fines, while other cases were pending. The ALE report was accepted with a motion by Crowe seconded by Queen.
Phillips provided a report from the Office of the Tribal Prosecutor (OTP). Phillips shared that a recent case had raised concerns over the three-year sentencing cap imposed by the Tribal Law and Order Act of 2010. In Indian Country, tribal courts are limited to a three-year maximum sentence per offense, and a nine-year maximum for stacked offenses. Phillips said this is limiting in administering sentences that match the severity of certain crimes, like the most recent case involving four counts of false imprisonment and child abuse in the first degree.
Rosario and Crowe expressed concern that the U.S. Attorney’s Office had not pursued the case so that a harsher sentence may be imposed.
Phillips and Taylor said that OTP and CIPD have a great working relationship with Assistant U.S. Attorney Alex Scott who meets weekly with them and tries to pick up as many cases as possible, but the U.S. Attorney’s Office maintains discretionary jurisdiction, and they are not required to take on cases.
Norville said her reading of the Major Crimes Act of 1885 requires major crimes in Indian Country to be tried by federal courts. Norville said the three-year maximum cap and limitations of federal jurisdiction are both issues the Police Commission should raise with Ugvwiyuhi (Principal Chief) Michell Hicks and Dinilawigi (Tribal Council) so that lobbying efforts may be pursued.
Norville added that the EBCI would need to partner with other federally recognized tribes to create greater impact when lobbying for expanded sovereignty in tribal courts.
Phillips stated that a positive impact that occurred from the case was the historic first-ever order of a 50(D) protective order in Cherokee Tribal Court, which provides lifetime protection for the victims. Phillips said OTP is working with CIPD Attorney Cody White to draft an ordinance that would extend the 50(D) for victims of sex offenders to include victims of domestic violence.
The report was accepted with a motion by Crowe seconded by Norville.
Taylor provided the CIPD report. Taylor said CIPD had a productive meeting with OTP and they are working well together. He commended the OTP in their work on drafting the 50(D), and making sure an active sentence was immediately applied in the plea deal taken by Ward.
Taylor said CIPD is operating with a full staff. He said Police Chief Carla Neadeau is responsible for the recruiting and retainment that made this possible. Taylor also shouted out newly hired Victim Advocate Lori Blankenship who he said is doing a great job. He also recognized Inventory Coordinator Robert Brown who he said saves the department thousands of dollars.
Rodriguez said that Elawodi (Yellowhill) Community Club raised concerns over speeding in downtown Cherokee and Acquoni Road and requested more patrol. Taylor said he would look into providing more patrol. Rodriguez also gave a shoutout to CIPD officers Abby Swayney and Joe Eagleman for their help as he was in a recent car accident.
Taylor said CIPD has a superfluous amount of child abuse and domestic violence cases. He said healing generational trauma and utilizing behavioral and mental health resources like Analenisgi at Cherokee Indian Hospital are major steps needed to prevent these cases. Taylor said generational abuse has been normalized in families, and families need to break the cycle of abuse.
The CIPD report was accepted with a motion by Parker seconded by Rosario.
The commission discussed the tribe’s recent cost containment. Lossiah shared that the commission’s travel and training budget was removed, and the supply line was reduced.
Rodriguez stated that he believed the commissioners were overpaid, receiving $1,000 per meeting. He suggested that with cost containment, the commissioners should request that their monthly stipends be reduced. Lossiah and Crowe said that the tribe conducted their cost containment analysis and did not find an issue with the board’s stipend. Norville stated that she believed their pay was a decision that should be left up to Dinilawigi, but that she would serve the board even if it was unpaid. Rosario seconded Norville’s sentiment.
Taylor commended Rodriguez stating, “Mad respect. I have never heard a board member say that before from any board.” Taylor said Rodriguez was a legend.
The commission entered closed session at 1:32p.m. The next meeting is scheduled for Tuesday, Aug. 11 at 12 p.m. in the Ginger Lynn Welch Poke Salad Room.
