By ROBERT JUMPER
Tutiyi (Snowbird) and Clyde, N.C.
Every dollar in the tribal coffers, and for that matter every tribal debt incurred, is owned by the Eastern Band of Cherokee Indians. Not the government. The Principal People. You and me.
“Show me the money!” In the Youtube video series “Objectively Speaking: Unveiling the Essence” the meaning of this popular phrase is clarified.
“This phrase is not just about finance, but it carries a rich context in culture and emotion. ‘Show me the money’ literally means asking someone to display or present the money they have promised or are expected to provide. It’s a straightforward request for financial proof of payment. This phrase can be used in various situations, ranging from casual to formal contexts, depending on tone and setting. The phrase gained immense popularity from the 1996 film ‘Jerry Maguire”, where it was used as a catchy, humorous expression. It encapsulates a demand for proof of financial reward or success. In popular culture, ‘Show me the money’ has become synonymous with the desire for monetary success or proof of financial benefit. It’s often used humorously or to express excitement about potential financial gain. Metaphorically, the phrase can be used to ask for proof or evidence in situations beyond just financial transactions. For instance, in a business context, asking someone to ‘show me the money’ might mean asking for evidence of results or success, not just financial gain. It’s a way of asking someone to prove their claims or promises, emphasizing the need for tangible, concrete evidence. ‘Show me the money’ is a versatile phrase, rich in cultural and emotional significance. Whether used literally, metaphorically, or humorously, it reflects a demand for proof, especially regarding financial matters.”
Are we too stupid to know? A former tribal official stated in a leadership meeting that we would just be too confused by getting information on our projects and finances, so it is better to let the government handle it without community involvement. Basically, this official was saying that we, the common folk, could not be informed or educated enough to let us be a part of any decision-making process. And doesn’t it say something about us that we are afraid that there are so many villains out there that we may not know how to deal with that it is better if all our information remains hidden? Check your history, particularly from the World War II era. Doesn’t that sound familiar? Is the damage that our leaders keep prophesying that result from doing things in the light greater than the damage that is being done by keeping us in the dark?
In fact, a recent tribal leadership policy of financial nondisclosure has effectually blinded the community to any of the ongoing dealings the tribe has with contractors and even government-to-government treaties. Even down to the cost of a playground or park, the community is left to wonder. And the suggestion that our leadership may have little side-bar sessions and ensure that they educate and inform 16,000-plus stakeholders is ludicrous.
A tribal lawyer stated that we are too ignorant to make decisions on our governing document. We routinely hear members of leadership state that we, the community, are so inattentive and short of attention span that it would be impossible to pass a constitution in its entirety. Seriously? In our day-to-day lives, don’t we routinely enter into contractual agreements and negotiate household budgets requiring varying levels of multitasking? Do leaders really believe that you and I are so inept that we cannot weigh a document and decide if the negatives outweigh the positives and vice versa? There have been very few times in my life that I haven’t had to count the cost of a decision or an action, then make a choice.
Another lawyer stated that it is preferable to have a charter rather than a constitution because actions were more easily achieved under the weak language of the current charter than to have a constitution that more specifically outlined community rights, supposedly muddying the waters for those doing the tribe’s business. The discussion even prompted one Dinilawigi representative to say that they were actually afraid of the proposed constitution. Afraid?
Sharing things at community club meetings, where, on a good day, five percent of a community might be in attendance to hear, is not a substitute for making the entire tribe aware of what is going on in government and in the tribal entities. As stockholders and stakeholders of each of these entities, we should be entitled to at least a detailed annual fiduciary report of assets, gains, and losses. And go to any municipality and check to see if they may withhold their financials from their citizenry. Let me save you some time. They can’t. I live in Haywood County, but if I want to know how Jackson County spends its money, what assets they have, and who they are contracting with and for how much money, it is either on a public access website already or just a quick public information request to be provided. Why? Because it is the law. The scope of privileged information in municipalities is very limited. Why? Because the resources the government is working with belong to the community. The community doesn’t stand for politicians telling them that they are too stupid or too confused or that it’s too scary to be able to make decisions that affect them. Is there some risk in sharing some information? Absolutely. But the benefit of an informed citizenry outweighs it, and the government has other tools that it may use to mitigate any negative outcomes. The easy route is not always the safest or best route.
During the October Annual Council session on Oct. 21, Ugvwiyuhi (Principal Chief) Michell Hicks expressed his desire and concern over keeping everyone informed on the status of tribal entities. He wanted to specifically address a public post from a tribal member who purported to share information about a lawsuit. “We do have a lot of entity updates coming. I don’t know, Mike (Attorney General Michael McConnell), how much you want to say about the thought of a lawsuit, which we have known about for several weeks now. There’s only so much you can say in this situation. Maybe clarifying some of the information that went out in the last day or so. How do we do our best to keep everybody updated?”
Over the past two years, the Office of Information Technology (OIT) has developed a web-based tribal information portal at the direction of tribal leadership. OIT has done an outstanding job of building a framework for communicating information to the community and populating it with numerous video records, community help forms, and educational materials. Despite the challenges of accessing the “Portal,” OIT successfully established a member-only access web portal. But they cannot load onto the site what they do not possess or, more importantly, do not have the authority to publish. And since there is a governmental moratorium on releasing any financial information, one of the promised communication outcomes has not materialized for our community.
In most entities and governments, it is critical to have a stable of trained public information officers (PIOs) whose job is to traffic information via press releases to the public. While we have public relations positions within the executive and legislative branches, there are not enough to sufficiently handle the large amount of activity in these branches, not to mention their areas of oversight, like a nine-digit budget, and multiple programs and projects. And before you say it, this is not an impeachment of those serving in public relations roles for our tribe. It is a commentary on the lack of support for the jobs they are tasked with. A more definite and aggressive strategy is needed to address the information and communication needs of our tribe.
Many entities and programs rely on their social media presences to “inform and educate”. Again, this is not enough. Most of our tribal entities have a limited following, and many social media followers are not the target of the messaging, who are enrolled members. For medical, financial, and emergency situations like missing persons or community threats, our government should communicate information as broadly as possible through as many media outlets as possible, going far beyond the Cherokee One Feather. As a member of the tribe, I firmly believe that we should be routinely sharing information with all media outlets when it comes to notifying our community about current events and personal safety information. Social media is a grapevine, and every time information is shared from one source to another without proper vetting, the chances are high that information will be lost or embellished. Central sources from a dedicated tribal PIO system will be the cleanest, most efficient way for the government to communicate with the community and media.
Part of our responsibility in Chapter 75 of the Cherokee Code is to inform the community. That, in part, should be the responsibility of tribal government as well. It was obviously the intent of the lawmakers who drafted and voted on Chapter 75. “It shall be the policy of the Cherokee One Feather to publish news articles and other materials and information judged by the editorial staff to have general value to the Cherokee community. Such news shall include a resume of Tribal Council business, Executive Committee, and Business Committee actions and actions taken by other Tribal committees, boards, and enterprises.”
In other words, our government and our community were in synchronization regarding a desire for this media outlet to inform the public on things related to tribal government. The words you may be looking for are “governmental transparency”. And it doesn’t say, “Share if nobody else is looking”. Indeed, the implication is that the community has a right to that information. The One Feather strives daily to provide the Eastern Band of Cherokee Indians community with as much of that type of information as we can obtain. And when we cannot obtain it, we do not send our community conjecture about it. We simply advise when we get it and when we do not.
As we talked about in the beginning, part of being accountable is transparency. If we (or anyone else) are not transparent, then we are not being accountable. In the EBCI 2024 Annual Report (hard copies were distributed to elders and a digital copy resides in the tribal portal), Ugvwiyuhi Hicks said, “The Annual Report is our way of keeping you updated on our progress. It highlights the important programs, events, and initiatives from the past year, providing transparency and accountability in the work we do on behalf of our Tribal members.” And the report did as the Chief stated, highlighting the many successes of our tribe and even some of the challenges. The report even shared topline, aggregate financial information.
Taline Ugvwiyu (Vice Chief) Alan B. Ensley commented, “The Office of the Vice Chief works for the people through commitment to aid you in times of need, communicating in an honest and transparent manner, and by listening to you so we can try to provide this Tribe and its members consistent, unwavering, and progressive service.” And finally, then-Dinilawigi Chairman Mike Parker, “On behalf of the Tribal Council, our heartfelt thanks to every department, employee, and Tribal member who continues to demonstrate the spirit of Gadugi.”
I applaud our government for the openness to produce and share the information contained in the Annual Report. We need so much more transparency in reporting. And we need to find ways to expand our minds and report to the larger tribal audience. Because not every tribal member accesses the portal. It hasn’t been reported in a while, but I am guessing many of our people still do not. The youngest of us and the oldest of us may not be physically able to, or at least need to be guided to and through the portal. Not all employees of the tribe have access to the portal, because not all employees are tribal members. While many things should be hidden from view because of uncertain outcomes for our tribe, there are many more that are hidden without clear cause or reasoning.
The Public Records law for our tribe is woefully inadequate. At first glance, Chapter 132 appears to be a very detailed outline, allowing public access to a number of tribal documents. But the chapter has stipulations that restrict typically open communications in other open governments. For example, subsection 11-7 says “Memoranda, correspondence, and working papers in the possession of the executive and legislative branches or persons employed in their immediate staffs” are exempt from view of the public and the tribal membership.
Subsection 11-8, “Memoranda, correspondence, documents, and working papers relative to efforts or activities of a public body to attract business or industry to invest within the Tribe,” are exempt from view of the public and the tribal membership. Subsection 11-10 “The identity, information tending to reveal the identity, of any individual who in good faith makes a complaint or otherwise discloses information, which alleges a violation or potential violation or potential violation of law or regulation by a public body,” are exempt from view of the public and the tribal membership. Now, Section 132-4(d) “Public Body means the government of the Eastern Band of Cherokee Indians and any of its agencies, enterprises, entities, authorities, boards, commissions, committees, subcommittees, organizations or corporations supported in whole or in part by funds created, managed, disbursed or passed-through by the Tribe, the business enterprises of the Tribe and its political subdivisions, including Qualla Housing Authority, the Cherokee Boys Club and Vocational Opportunities of Cherokee.”
Please note and take into account the supposed purpose of our public records law. Section 132-2 “The Tribe finds that it is vital in a democratic society that public business be performed in an open and public manner. Toward this end, provisions of this Chapter must be construed so as to make it possible for members of the Eastern Band of Cherokee Indians, or their representatives, to have access to public records at a minimum cost and with minimum delay to the persons seeking access. Members and their representatives have a right to know the basis of the formulation of public policy. Therefore, it is the public policy of this Tribe that members shall be advised of the performance of public officials and of the decisions that are reached in public activity.”
My personal summary of these statements is that the public records law provides little to no right for the membership to information that should be provided to them as a matter of course. This law implies a right conferred on the membership of the tribe. I would offer that is a privilege, not a right, and point to Section 23 of the Charter and Governing Document: “The Tribal Council is hereby fully authorized and empowered to adopt laws and regulations for the general government of the Tribe.” That section goes on to say that the Tribal Council “is hereby vested with full power to enforce obedience to such laws and regulations as may be enacted.”
So, what rights exactly do we have as tribal members?
While the One Feather continues its duty to the members and community by providing related information in a neutral and unbiased manner, per the Tribe’s direction under Chapter 75 of the Code, we are perplexed by the withholding of certain information under blanket admonitions like the one currently in place regarding financial information. We, as a tribe, will either have to insist on being shown the money, from a financial, social, and political perspective, or we need to stop identifying ourselves as a democracy. Obedience is a word that was typically used by colonizers. While I deeply respect and support our governmental leadership, I also feel that we are due respect as a members of the tribe, and whether in an elected or appointed seat, or just being an average citizen, we are all members of the Eastern Band of Cherokee Indians. We, as the governed, should have rights in our governing document, and one of those rights should be the right to know.
