By ROBERT JUMPER
Tutiyi (Snowbird) and Clyde, N.C.
We now have our slate of candidates for the general election of the Eastern Band of Cherokee Indians. Out of 24 who will be on the ballot in September for Dinilawigi (Tribal Council), 41.7 percent or 11 candidates are attempting to retain their seats. 25 percent or six of the contenders are women. We don’t know specifics about the ages of the candidates, but they seem to be from across the board in age, from young to those who might fall into the category of tribal elder. It looks to be a very diverse mix of qualified candidates for the seats.
The Cherokee Board of Elections goes through a vetting process to determine eligibility to compete for the seat. In addition, the Cherokee Supreme Court has been involved in this year’s election to determine eligibility to seek office based on the criteria set forth in the Charter and Governing Document. So, all on the ballots have been through part or all of that process, and all have been deemed suitable to run for and sit in the seats they have applied for.
In addition to the Dinilawigi candidates, there are three Cherokee Central Schools School Board seats to be filled. Melanie Lambert (incumbent) and Gloria Rattler are vying for the Tsisqwohi (Birdtown) seat. Berdie Toinetta and Timmy Ray Smith are seeking the one seat for Wayohi/Widagalinidisgv (Wolftown/Big Y) seat. The seat held by Kristina Hyatt, Kolanvyi (Big Cove), will be vacated without any candidates filing for the seat. Kristina is not seeking reelection, so what will happen to that representation is currently unknown. I do imagine that top men are working on a solution.
All the candidates for elected offices are competing to serve. Elected positions in our tribe, a town, a county, a state, and that other sovereign nation called the United States are positions of service. Whether representative republic or democracy, the governmental bodies are there to facilitate the pursuit of life, liberty, and happiness for all. Our task as voters is to select the most capable servants from among those seeking to serve.
It is an unfortunate reality that elections do turn into popularity contests. The question of likeability in many cases takes precedent over heart and ability to serve and facilitate the needs of the people. And it can line up. I mean the same candidate that is best able to serve may turn out to be the most popular. It all depends on the citizenry and constituency as to what really determines the outcome of an election.
In my former life, I worked for a drug store chain. I managed a store (actually more than one store) for this corporation. The executive management of the chain dictated where every item for sale was placed in the store. Next time you enter the checkout line in your favorite retail store, look around the cash register area. You will typically find candy bars, individually wrapped sweets, and probably a cooler with cold sodas very close to where you take out your wallet or open your purse. Coincidence? I think not. You see, when I managed my store, I would receive that layout for where everything goes from my higher-ups. That layout was a result of a detailed analysis of customer appeal and profit margin. Marketing firms studied customer trends to find out what product with the highest profit margins would be likely to be bought on impulse, or someone might quickly be enticed to make a small purchase to satisfy a sweet tooth.
Clearly, my bosses at the time weren’t as concerned about the long-term well-being of their customers as they were about enticing their customers to contribute the highest contribution to their bottom line. And it was and is still common practice at retail stores.
So, we would be quick to condemn those corporate heads for playing on our desires so they could gain a buck. And there is truth in that. But there is also accountability on our part. Why did the management select those items at the register? Because research has shown that we desire them. They are not good for us. They cost much more than they are worth to us. They can cause our bodies lifelong struggles. But we want what we don’t need. And company leaders in one store know that if they don’t give us what we want, the store next door will not only give us what we want but also try to make sure we are aware that their competition didn’t give us what we wanted.
So, now there are store owners who are trying to move away from that model and have stuff at checkout that is healthy and beneficial. But they aren’t doing well in competition with the mainstream retailers. Why? Because what is good for us is often not as appealing as what gives us immediate gratification.
With the extremely short (just my opinion) terms of Dinilawigi seats, I have often said that our representatives must be in perpetual campaign mode. We, as constituents, have very short attention spans, generally speaking. We tend to make up our minds early, get impatient when we think we aren’t seeing progress, and we like our projects to be quick and sweet. We want it now, and we want ourselves and our family to benefit from it. It doesn’t necessarily matter if it is good for the community. It doesn’t matter that some of the most beneficial community projects might take longer than two years. We want it now. And come election season, we may actually say to each candidate, “Give me what I want now, or I am going to take my vote elsewhere.”
You see, it is not only the candidates who shape the ethics of an election. It is the voters. We have seen the enemy, and the enemy is us. Those pursuing public service know that telling constituents what they cannot have is not a path to victory come election season, even if the thing the constituency is asking for is bad for them. But ethically, it is what we should be told. It is what is good for us. It is what is right for us, even if it leaves a bad taste in our mouths at the time.
One of the most frustrating comments that I hear routinely around election time is “I am not going to vote because my vote just doesn’t matter”. To those who make those comments: Have you ever thought that the reason it might be that your vote doesn’t matter is that so many of us are not voting using that excuse? What if every eligible voter in the tribe (and I mean every member, whether on or off the Boundary) did their homework, took an unbiased look at each candidate, and voted in this election? Do you really believe your vote wouldn’t make a difference?
On Aug. 1, absentee ballots may be requested for the upcoming tribal election. Here are the criteria for being able to vote absentee:
- Tribal members serving on active military duty, including immediate family members who reside in the household, who are unable to return to Cherokee/polling place to cast their votes.
- Tribal members who are unable to return to Cherokee/polling place to cast their votes.
- Tribal members enrolled in institutions of higher education and enrolled members of their household that are unable to return to Cherokee/polling place to cast their votes.
- Tribal members who are employees of the Tribe are required to be away from Cherokee for training or for reasons required by their employment on the date of election who are unable to return to Cherokee/polling place to cast their votes.
- Tribal members who: because of illness are in a hospital, nursing home, or other treatment facility, and/ or, who because of their physical condition and course of treatment are unable to go to the polling place to cast their votes.
- Tribal members who physically reside on Cherokee trust lands but who will be absent from Cherokee on Election Day for business or personal reasons and are unable to return to Cherokee/polling place to cast their votes.
In-person early voting begins Aug. 11 and runs two weeks (Aug. 11-16, 9 a.m. to 4 p.m. and Aug. 18-23 from 9 a.m. to 4 p.m.). If you need more time to ponder your decision (I know I do at times), you have until General Election Day, Sept. 4.
I want to leave you with a copy of the elected official’s code of ethics. It is part of the Cherokee Code. It is the standard of ethical behavior that our tribal officials are supposed to adhere to. Read it. Study it. Hold each candidate up to it and ask yourself how they measure up to the standard outlined in this code. It doesn’t matter if they are incumbents or candidates not seated. Test each candidate based on every item in the code of ethics. As much as possible, compare their behavior in the community to this standard.
At election time, our ethics as community members get tested as rigorously as those of the candidates. So, how do you think we will score?
Sec. 117-45.3. Code of Ethics.
Tribal officials shall not take any official action or participate in the selection, award, or administration of a contract or grant award, if a conflict of interest, real or apparent, shall be involved. They shall not directly or indirectly solicit, accept or provide gratuities, favors, or anything of monetary value from contractors, potential contractors or subcontractors who are contracting to perform services or sell goods or property to the Tribe or a Tribal program; directly or through a business entity in which the Tribal official has a personal interest. They shall not enter into any contract for services or goods with any Tribal entity, enterprise, or program for the purpose of either receiving or providing services or goods. This provision shall not apply to such persons qualifying for programs available to all Tribal members. They shall treat service to the EBCI as a sacred public trust with fiduciary responsibility, which requires upholding and acting in accordance with laws and engaging in the proper governance of the EBCI in a manner, which is placed above personal and private gain. They shall protect and conserve Tribal resources and ensure the appropriate use of Tribal resources falling under the scope of the office of the Tribal official. They shall provide every enrolled member a time to be heard on a Tribal issue that falls under the scope of the Tribal official’s duties. This paragraph shall not supersede C.C. Section 117-16. They shall not use their authority, title, or influence to improperly advance personal or financial interests. They shall disclose instances when they believe there has been fraud, waste, abuse, corruption, or violations of this chapter to the Office of Internal Audit and Ethics. They shall respect and honor the customs and traditions of the EBCI. They shall abide by the laws of any sovereign jurisdiction in which they are present. They shall disclose any misdemeanor or felony charges and/or convictions that occur in any jurisdiction while in office to the Office of Internal Audit and Ethics. They shall report to the Office of Internal Audit and Ethics, in accordance with that office’s rules of procedure, any gift, donation, or contribution received or provided by the Tribal official. They shall not act individually, jointly, or through another, threaten, intimidate, or discipline any person as reprisal for any legitimate action taken by the person. They shall not offer, solicit or accept, directly or indirectly, anything of value if the gift could reasonably be expected to influence the vote, official actions, or judgment of, or for, the official or could reasonably be considered a reward for any official action or inaction. They shall not withhold materials or information from the public pertaining to those items discussed in closed session unless such materials or information are deemed exempt from disclosure in accordance with Chapter 132 of the Cherokee Code. They shall not take any official action or participate in a decision with respect to a matter if it will have a direct and predictable effect on the financial interest, personal interest, or present a conflict of interest for the official or employee or his or her immediate family member. Any official in such situation shall recuse himself or herself from participating in a discussion and/or vote on the matter giving rise to such conflict. They may participate in private, public, civic, and/or charitable activities provided such activities do not compromise the integrity or reputation of the EBCI or interfere with the performance of official duties. They shall maintain or enhance the honesty and integrity of their respective offices; and safeguard the reputation of the EBCI as a whole. They shall protect and enhance the environmental and cultural resources, whether natural or man-made, of the EBCI to ensure the security and prosperity of future generations.
The One Feather inquired with Michael McConnell, EBCI attorney general, as to the situation regarding the Kolanvyi (Big Cove) School Board seat. Here is his response: “The incumbent school board member from Big Cove filed to run for re-election. Nobody else from that community filed and the period for filing closed. Thereafter, the incumbent withdrew her application. There is not a vacancy at this time. The incumbent’s term does not expire until the end of this election year. The first day of the vacancy will be Oct. 1, 2025.
C.C. Sec. 115-9 tells Tribal Council how to fill a vacancy on the School Board. It says that when there is a vacancy on the School Board, Tribal Council is authorized to call a special election to fill the vacancy. Unfortunately, when the drafters wrote the ordinance (in the 1980s), they did not contemplate the situation we have now (or will have on October 1). The ordinance uses limiting language and states that Tribal Council can call a special election when a vacancy occurs ‘due to death, resignation or removal’ of the School Board member. None of these events is present now and they are not likely to be present on Oct. 1. The limiting words ‘death, resignation or removal’ have been part of the ordinance since at least 1993, and probably since the 1980s.
The appropriate path for resolving this issue and filling the vacancy will be to amend CC Sec. 115-9 to authorize Tribal Council to call a special election to fill a vacancy whenever a vacancy occurs, for whatever reason, instead of requiring a “death, resignation or removal”. As soon as the ordinance is amended, Tribal Council can call a special election to fill the vacancy. Nobody wants a vacancy to exist on the School Board for long. I think Tribal Council will try to resolve this issue as quickly as it can after Oct. 1.”
