By CYNDI LAMBERT
Tsisqwohi (Birdtown)
I have struggled with the idea of sharing this with your readers – especially our tribal members – or just keeping quiet. But, I have decided it is important for our people to know what is happening with their Tribal Council.
A few months ago, several of our elders approached me and asked whether there was a way to provide a small amount of additional assistance to help offset rising fuel and heating costs. When an elder of our Tribe asks for help, we have a responsibility to listen and to act. So, I submitted a resolution to Tribal Council requesting an increase of $250 per eligible elder household to the existing Tribal Heating Assistance Program – a program whose benefit amount has never been increased since it was created, despite years of rising energy costs and a higher cost of living. What happened next is something every tribal member should know about.
On Wednesday afternoon, Jan. 7, I had an appointment with the Chief. When I walked through the front door and began to check in at the window, I heard someone yell my name. At first, I thought I was hearing things, but then several people were calling for me. I looked over and saw most of the Tribal Council representatives sitting in the chambers – only one was absent. The AG came toward me and said the Council members were going over the agenda and were about to discuss my resolution. I asked him why, because I was confused – I was there for a meeting with the Chief, not to discuss my resolution. But I went ahead and walked into the chambers.
When I stood at the podium, Jim said they were discussing my resolution and asked if I had anything to say. My first response was, “This is new.” He immediately responded that it wasn’t. Well, it was new to me because I was not aware that Tribal Council discusses resolutions and ordinances behind closed doors, without the knowledge or presence of those who submitted them. I felt ambushed. I was not there to discuss my resolution off-camera.
Three Council members questioned me, and a couple others made comments, while the rest said nothing. I felt like I was being interrogated – as if I had done something wrong by simply submitting a resolution on behalf of our elders. I answered their questions and told them I hoped they would pass it.
It was uncomfortable and intimidating being put on the spot like that. I had no more to say, so I walked out.
There were maybe half a dozen people in the audience, and several of them were employees. I would think there would be far more people present if they had been informed that resolutions were being discussed before the regular session. I was never called or informed that my resolution would be taken up the day before council – and I’m sure other people who have submitted legislation weren’t aware either.
Here’s what troubles me most. Cherokee Code Section 117-13(a) is clear: “The Tribal Council shall meet at least one day in each month in the Tribal Council Chambers with the regularly scheduled date to be the first Thursday of each month.”
The Code further specifies that the Wednesday immediately preceding that Thursday session is designated for “Community Reports and Requests for Time”—not for secretly debating resolutions submitted by tribal members. And the Tuesday before is designated for the Budget session. That is what the law says. There is nothing in Cherokee Code that authorizes an undisclosed pre-council session where resolutions are discussed off the air, without notice to the people who submitted them, and without public knowledge.
Furthermore, Cherokee Code Section 117-13(b) requires that any executive session closed to the public can only occur “upon a motion duly made and adopted during an open session,” and that “every motion to close a meeting shall cite one or more of the permissible purposes.” There was no such motion on January 7th. There was no open session from which to recess. There was just a room full of Council members discussing my resolution behind closed doors.
And let us not forget Becky’s Law – Cherokee Code Section 117-30.1 – which states: “There shall be opportunity provided to community members to voice their opinions on actions contemplated by the Tribal Council.” How can community members voice their opinions when they don’t even know a discussion is taking place?
Here’s a thought: What if I hadn’t walked through that door? I would have had no idea any of this was going on. What if I had refused to go in? Then what? More importantly, what is the purpose of these secret pre-council meetings? I have yet to get a straight answer.
It would have been far more respectful and courteous to simply call me and discuss any concerns or questions beforehand.
The following day, Thursday, during the regular Council session, disrespectful comments were made – not just toward me, but toward a former Chief as well. There was an unfounded allegation that I was being disrespectful to our employees who manage tribal programs, especially our senior programs. Yet, when I responded to their questions and comments, I was met with condescension. Interestingly, some of those who had plenty to say the day before had nothing to say on Thursday.
Let me be clear: the idea that I or anyone associated with me would disrespect the employees who manage our tribal programs – especially our elders programs – is absurd. I don’t know where that accusation came from, because it is the first time I have ever heard it from anyone. If you know us, you know that we honor and cherish our elders. If they ask for our help, we will do everything in our power to help them, and we will continue to advocate for them no matter what.
The resolution was killed. The motion to kill it was made by a Painttown Council member and seconded by a Wolftown council member. Three members supported it, and I appreciated their support. They seemed to understand there was a real need and respectfully stood up for our elders.
To put this in perspective: the total annual cost of this increase was determined to be less than $286,000 – roughly two and a half hours of normal tribal operations. Earlier this year, a 6 percent cost-of-living adjustment went into effect at a cost of approximately $4.8 million annually. By comparison, this proposed increase for our elders was modest, reasonable, and long overdue.
Just recently, western North Carolina experienced a severe cold snap, and many elders have expressed how much they could have used the additional heating assistance during those bitter days. Some of our elders are already turning their heat down once tribal assistance is exhausted, just to make ends meet. That is a troubling reality—and it is exactly what this resolution was intended to address.
I hope this opens some eyes. What I witnessed in council was disrespect. I also learned that secret discussions are taking place in apparent disregard of Cherokee Code, without public knowledge, and with a total disregard for anyone who brings forth legislation that should be heard in regular council sessions – on the air, for all to see. Several people I spoke to had no idea any of this was happening.
As one elder said to me during the break: “Keep going, keep trying.”
And I most certainly will.
