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TITLE 25--INDIANS

CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

PART 75_REVISION OF THE MEMBERSHIP ROLL OF THE EASTERN BAND OF CHEROKEE

Our Tribal Government

This months tribal sessions have been enlightening to say the least. Through questioning the Attorney General about the enrollment audit and why the news article stated "per The Attorney general" speaking to Ms. Tarnawsky, I learned that the someone had "found some old Bankruptcy documents" and the auditors were wanting to search those records, but that she had wanted to be sure that there was not going to be extra charges above their contract for that purpose.

I also inadvertly learned why there was a large number of enrollments between1960 and 1970. The enrollment was updating the enrollment records to reflect new enrollment numbers. Why they changed enrollment dates is beyond me, I was an enrolled Tribal member when my mother left the Cherokee Hospital after my birth in Jan. 1939. If the enrollment date was changed to reflect a 1960 enrollment date, that was a fraudulent act of the enrollment staff.

Also listening to the Snow bird request for separation, I heard the Attorney General quote the Cherokee County, count as 585 while Snowbirds count was over 800. I found that a little strange because the number of 600 for cherokee County. I am wondering if that count meant registered voters or population. If it was registered voters and there were 600 votes counted in cherokee County, that discrepancy could have affected the outcome of the Chief/vice Chief election.

Benefit for Cherokee Dialysis Patients

Everyone is invited to the "Run for Your Life" run/walk on Saturday May 10, 2008. This walk/run is to raise money and awareness for the Seven Clans Dialysis Center in Cherokee. Registration begins at 8 am on Saturday at the Cherokee Fair Grounds and the walk/run will start at 9 am. The route is from the Fair Grounds North on 441 toward the parkway then crossing the bridge at the Fun Park and South on Acquoni Road back to the Fair Grounds. Donations will be taken for the Dialysis Center and the center will receive 100% of the donations. The first 200 people to donate will receive a free t-shirt. Also, this walk/run is sponsored by Cherokee Choices and the first 100 people will get one of their t-shirts for free. Breakfast and water will be provided.

(EDIT: Any EB.com member who can't be there and would like to donate, you can mail a check to

Seven Clans Dialysis Center
ATTENTION Kathy Paul
53 Echota Church Rd.
Cherokee, NC 28719

I will send EasternBand.com bumper stickers to anyone who donates from here when they arrive in June. Just send me a PM telling me how much you sent and when you sent it.
I ordered two sets and contributers will receive at least one of each. If you need two sets, no problem, just let me know.
Thank you for your support)

Congratulations: Snowbird Community

I know today has been a long day for all of you. You came early and you stayed late, but you were successful in the first step to getting the representation you want and deserve.

Those voting for you were Abe Wachacha, Alan Ensley, David Wolfe, Jim Owle, George Goings, Stephen Watty, and Marie Junluske. Those voting against you were Virginia Lee Cooper, Mike Parker, Susan Toineeta, Angela Kephart, and Perry Shell.

Most assuredly, you still have a steep hill to climb. It is doubtful that the Principal Chief, Michell Hicks, will ratify your legislation and a protest will follow suit. Do not go home and become complacent. Be prepared for an even harder fight to finally get what you want.

The issue of the 1995 amendment to the 1986 Charter was brought to the floor. That Referendum issue was on the subject of Imminent Domain. The public needs to be aware that Resolution #29 initiated by Mary Ann Thompson, and finalized in May 2000, legislated into being a Supreme Court for this tribe. Immediately thereafter, Supreme Court Justice Harry Martin and the Tribal Legal Office initiated 14 amendments to that document, all without the voice of the people.

Those ordinance amendments are what has allowed the Tribal Council to adopt North Carolina Law, as opposed to Tribal Sovereign laws. I bitterly opposed Virginia Coopeers statement that our Tribal Council has to take the legal advice of any attorney. We have elected those 12 Council Members to represent us. I do not believe we have strayed from our Tribal tradition, so far that our council has to listen to any attorney in council, telling them what to do. If they want to seek legal adviice it should be done outside of The Chamber of the of the Council, which is the forum of the Council and the people.

Poor Police Work

This is an absolute truth. On Saturday April 26th, the Cherokee Survivor's Bike Rally was taking place in the downtown area. In the evening hours a police transmission was overheard on the radio that "that Welch subject is in the back of a truck with possible 10-95(drugs). The truck in question was stopped on the 441 bypass. Anthony Dirk Welch was in the back of the truck and was noticeably impaired. Welch confronted the officers involved wanting to know why he was being harassed. Narcotics Investigator Gerard Ball must have felt threatened because he stated that he was going to arrest Welch.

Several eye-witnesses corroborated Welch's claim that Gerard Ball placed his taser to Welch's hip and "drive-stunned" him with this less-than-lethal weapon. Welch was then handcuffed and placed into Gerard Ball's police car. A search of Welch's person revealed no narcotics, which was the reason for the stop. Welch insisted upon knowing why he was in custody and "why the hell he was shocked."

CNN's Wachovia report

If you were up early this mornng you and you heard the CNN news report on Wachovia possibly having at least 12 secret off Shore accounts, Your first question Might be: Gee whiz; Is this going to affect our Tribal gaming enterprise? Huh? Huh?

You might also recall that TGCE employee John Houser, came here from employement wth the Wachovia. You might also recall that he stood in front of your Tribal Council and said that the indian people did not deserve a per Capita payment. Does that mean that those reserve accounts of TGCE might now be stored in off Shore accounts via someone like the Overhill Development LLC, whose central Office is located in Dunaden Fla. That office that seems like a shell office, that might be used to funnel funds into Off Shore Accounts.

That Company, which began in the early 1980s to interject it's influence into Tribal Affairs, through the TVA, and the Friends of Sequoyah, inc. as an entity of the EBCI.

Now further, if you watched Patrick Lambert, as he introduced his legislation concerning the Snowbird Community, and then how our Tribal Council responded, with Annette Tarnawsky, throwing in the veiled threat that if the snowbird Community Continued with their request for more equal representation, they might even end up with less than they already have, you can plainly see that it is just a way to tell Snowbird to sit down and shut up. Then we had Abe Wachacha threatening a law suit. I say go for it Abe, but not in the So Called Tribal Court, Take it to Federal Court. The Federal Laws are what have been violated. And by the way I understand that you have your Drivers License back now. So Why is the tribe paying you $70,000:00 a year and providing you a ride to work. It is time for you and mrs. Kephart to pay your own way . You have not performed to standards for the snowbird Community, and you need to be held accountable.

Tribal Budget Cutbacks

I didn't get a chance to read the Chief's article last week concerning the budget. I have a very distinct feeling though the cost of bringing this out of control Government is going borne by the enrolled members of the Tribe, Especially in the areas of Housing and Health Care.

When in reality those people responsible for the busted budget are the ones who should pay. Abe Wachacha admitted in tribal Council that he and Chief Hicks were the two people who decided to allow the cost over runs in the housing funds. They did that without the approval of Tribal Council or the Qualla Housing Board.

That was just one cost over run. Many more occured in construction cost's over runs. Do you think that Tribal Council is going to do anything to correct that fact? Such as hold Contractors accountable for underbidding on projects, knowing that they will be compensated for their failure to perform their contract? What has happened to requiring contractor to purchace a performance Bond. Such a bond requirement would stop these Contractors from under bidding.

Where is the accountability of the health care system? Ever though our Tribal legal department has insisted on enacting legislation that basically denies every Tribal member the basic laws of due process and due dilligence of the law, we still have a right to ethical health care practices.
We have a right to request that we receive the care of fully traiined and board certified physicans. not just a couple of certified doctors and a whole bunch of physican's assistants.

Enrollment Auditors Report

On Tuesday April 22, the Falmouth Institute, enrollment auditors made a report on the status of the Enrollment Audit findings. the following is the list of findings they reported.

232 missing dates of enrollment.
967 missing Birth Certificates.
75 Amended Birth Certificates
224 duplicated Enrollment Numbers.
241 Alternated Birth Records.

A total of 1739 Findings.
Making 32% of the records inconsistent and:
41% without documentation.

They listed the highest enrollment to be 1960 through 1970
They also listed enrollment by birthdates from 1990 through 2000

I personally find it difficult to conceive that there were more people enrolled between 1960 and 1970. Especially since the blood quantum was raised to 1/16th degree, after 1963. We know that the non-resident, non affiliated enrolled membership increased by thousands from 1995, after the opening of the Casino, when members began receiving per Capita.

Want some truth?

There is no WAL-MART
There never was no WAL-MART
It was all a lie.
Know what is happening next to the hospital in the 'WAL-MART' parking lot?
Rock crushing.
The tribe has purchased a $400,000.00 rock crusher and placed it there to crush the rock that is being removed from the Gap nexr to the El Camino Motel.
There have been no negotiations with WAL-MART or TARGET.
It was a lie to persuade Tribal Council to break the law and budget with the anticipated levy.
I have been told this by way too many people in way too many departments by directors and managers.
And two Tribal Council members.
Don't hold your breath waiting for a WAL-MART, it ain't coming.
Proven leadership?
Prove it.

The newest tribal tongue twister:
Michell Myth-telling Hicks

Say that three times real fast and see if you lose your job...
...or your land.

Bulletin: From Cherokee County

According to reports via a phone Conversation last evening. a special meeting was called by Glenda Sanders, The group was small but only certain people were notified of the event.

Topics of discussion were Naming the new Senior Citizen Center, and the applications for a director of that center. Although the Indian people attending suggested The Native American Indian center, The name Lloyd Welch was chosen over Ting Rogers or the native American Indian center

It was also reported that Glenda advised several other persons to keep coming to the meetings, some of which are held at her house instead of the Community center, that they also would be enrolled very soon.

The person reporting stated that when four Indians who had learned of the meeting, arrived, Those other people were visibly unapproving of their attendance. This person also said that when something is to be distributed among Tribal members, like a truck load of sweet potatoes, or the upcoming seed distribution, That by the time the people from east Tennessee and Northern Georgia,and even Chicago Illinois, load up what they want there is nothing left for the Indian people. Again we heard of the lady from Tn, who owns a large horse ranch, but wants the Tribe to build her a hip home in Cherokee County. although she is an elderly lady, she has only been enrolled a few years.

Finally there is the issue of liquor by the drink, ordinance that passed for areas within a three mile radius of Murphy, and a promise of a new Casino, somewhere on grape creek, that this alcohol, so close to the reservation area could be a disaster for cherokee people.