Main portion of AG R. Wiley’s opinion on Campaign on Tribal Property, issued 6-17-2009
Any person who uses or causes to be used any equipment supplies or other property of the Muscogee Nation, its agencies, authorities or boards, for political campaign purposes to support any candidate shall be guilty of a misdemeanor, punishable by confinement in jail for a period not to exceed sixty days, or a fine of not more than $5,000.00 or by both such confinement and fine.
A campaign is defined as "an organized activity or operation to attain a political, social or
commercial goal", HERITAGE DICTIONARY 101 (3d cd. 1987). The political goal of
the T-Shirt sale is to oppose a removal petition filed on June 15, 2009 seeking the removal of Chief Ellis. The removal of a tribal officer is a political issue and a removal petition will have its proponents and opponents. Opponents of the removal petition will campaign in an attempt to garner opposition to the petition by wearing T-Shirts expressing support for Chief Ellis. Proponents of the removal petition will campaign to achieve their goal by circulating the petition in order to obtain the required number of signatures for removal. Neither activity may take place on tribally owned property. Campaigning either for or against the removal of any officer of the Muscogee (Creek) Nation on any tribally owned property is prohibited by the Nation's law.
Tribally owned property may only be used for approved governmental functions.
MCNCA Title 31, § 1-101 et seq. set forth the legal requirements, causes and procedures for removing an officer of the Muscogee (Creek) Nation. One cause for removal of a tribal officer includes the following:
Use of government property:
An officer shall not directly or indirectly use, or allow the use of government property of any kind, including property leased to the government, for other than officially approved activities in the performance of a governmental function. MCNCA Title 31, § 1-104 3(b).
Circulating a removal petition is not an officially approved activity in the performance of a governmental function but is instead an activity of private citizens seeking to remove a tribal officer. Private activities of this nature may not be conducted on tribally owned property.
Ironically, if the Principal Chief were to allow a removal petition to be circulated on the Nation's property without taking action to stop the activity, it would be cause for the Principal Chiefs removal under the law. No officer of the Muscogee (Creek) Nation may use or allow the use of the Nation's property except for officially approved activities in the performance of a governmental function.
(VOC: Emphasis added by VOC. According to the opinion, Communities are also completely off limits.)
New Topic, as requested.
VOC is moving a couple of comments to this topic.
Chief Ellis,
This is a request for your approval to authorize the
Controller to release financial information to our Finance Officer, Robyn
Culley. Council has requested a detailed
listing of two expenses concerning the Office of the Principal Chief, attorney
fees paid and owed and all out of state travel for the period of
10/1/08-4/20/09.
The constitution states that all expenditures of tribal
funds shall be a matter of public record open to all citizens of the Muscogee
(Creek) Nation; accordingly, I respectfully ask that you move this request
forward to the Controller’s office for dissemination.
(From the Speaker – dated 5/14/09)
(VOC wonders why Council quotes Constitutional requirements when the Council is the only branch of MCN that will not adhere to the Constitution. We would also like to see the same financials of the entire Council.)
Chief Ellis has vetoed.
Introduced 3/31/09 by Sam Alexander.
A short description of this piece of legislation appears under another topic.
(VOC has placed a 2nd version of "Employees" since the other has become too long, and a few comments will be deleted.
Notice of Petition to Remove the Chief, with the Chief’s responses in Italics.
A. A. D. Ellis, without sufficient cause & without due process, and outside of any powers within his constitutional capacity as Principal Chief, did issue “Proclamations” which were not authorized by tribal law, and upon issuance of those“Proclamations” did interrupt the legal operations of properly chartered Communities of the Muscogee Nation.
As Principal Chief, I have the executive authority, as all former Chiefs had during their term in office, to Issue Proclamations and Executive Orders. Clarification, the official papers that I issued were not Proclamations, they were Executive Orders.
B. A. D. Ellis has, in violation of tribal law, utilized the Light Horse to deliver documents of the Office of the Principal Chief,Creating the false illusion that said documents were orders of the Courts of the Muscogee Nation, in an attempt to intimidate legal officers of properly chartered Communities of the Muscogee Nation.
The Light Horse Police Department falls under the Administration Branch of Tribal government and has always delivered documents when called upon. These documents did not appear or mention any court systems.
C. A. D. Ellis, during a period immediately before our national elections for Principal Chief, Second Chief, and NationalCouncil, did expend tribal funds for campaign purposes by going to California to campaign among absentee voters.
I have receipts on my credit card that prove all expenses to California were paid by me. Therefore you will not find this information in tribal records. But what you will find in tribal records is travel expenses paid in the amount of $749.79 to Anaheim, CA for Tom Pickering to campaign during this time. During this same time frame, Bill and Jeff Fife was paid a total of $3312.27 to go to Montgomery, AL. Lena Wind was paid $1072.38 to Las Vegas -- Ms Caldwell $912.05 to Las Vegas in July 2007, could one say that these were campaign trips?
D. A. D. Ellis did, without authorization, sell tribal assets in the form of the bison heard which grazed upon the Hanna Project tribal lands, and did, with authorization, expend the proceeds of that sale to settle a tribal program debt which had not been authorized by the National Council and which the National Council had properly refused to honor because it had never been authorized.
I never even seen this bison herd. I believe they were given to the Nation free and accepted by Second Chief Berryhill. I understand the former director Allen Harjo sold these animals due to high maintenance cost (expenses in excess of $50,000 per year); proceeds were used to purchase more cattle. National Council was informed.
E. A. D. Ellis has either, (a) interfered with, or (b) allowed other persons to interfere with, the plain language of an Amendment adopted by the Constitutional Convention and to change the language and meaning of that Amendment prior to its submission to the Election Board by the Constitution Committee, thereby failing to enforce the laws and constitution of the Muscogee Nation.
I have absolutely no control over the duly established Constitutional Commission. The National Council’s lack of action is now depriving the Creek people of their voting rights to amend their Constitution.
F. A. D. Ellis has wasted tribal resources through constant legal battles against the National Council of the Muscogee Nation,and has utilized members of the Supreme Court for political purposes by securing rulings which are not only contrary to the plain language of the Constitution of the Muscogee Nation but also contrary to the customs and traditions and political history of the Muscogee people.
How dare anyone say I utilized the Supreme Court in any way. This court is our supreme court and has ruled as accurately as possible according to our Constitution.
G. A. D. Ellis has failed to properly manage and safeguard the Muscogee Nation’s finances by making sure that a different independent outside auditor is brought in no more than every fifth year.
The National Council passed legislation to permit this auditing process.
H. A. D. Ellis has used the Muscogee Nation News to make personal attacks against tribal members, contrary to the fact that each enrolled citizen owns an equal undivided interest in the Muscogee Nation News, and I believe that any such personal attacks are beneath the dignity of the office of Principal Chief.
I agree, all tribal property belongs to the Creek people. I only write the truth and I will stand by anything I say.
I. A. D. Ellis terminated the successful watermelon project of the Hanna Community despite the fact that they were receiving support funding from other tribal chartered communities and has not offered them technical assistance to return the project to the Hanna Community nor allowed them access to community funds.
The watermelon project planted 40 acres last year and this year plans on planting 100 acres. They may even double the revenues for 2009, that which they made in 2008. I believe this means we are improving the operation -- not terminating it as Deborah Pruitt states.
I would advise the sponsor of this Petition to get educated on the Nation’s tribal affairs before throwing accusations.
#NCA 09-067. Intro. 3/31/2009 & sponsored by Sam Alexander (Main gist of legislation)
D. It is necessary to clarify Consideration language to remove any notion that delegated the authority to the office of the Principal Chief to negotiate consideration for retail tobacco tax or gaming profit splits for the Chartered Communities.
SECTION THREE. AMENDMENT, Title 11, §4-301, D., is hereby amended to read as follows:
4. Consideration: the cause, motive, price or impelling influence which induces each of the parties to enter the lease agreement. For business enterprises such as retail tobacco sales and gaming, tribal tobacco taxes and gaming profit splits paid to the Nation shall be appropriate consideration for use of the properties at issue.
SECTION FOUR. EFFECTIVE DATE. This Act shall become effective immediately upon proper approval and execution in accordance with the requirements of the Muscogee (Creek) Nation Constitution.
KARA MEDINA has introduced following new legislation to the B & G Committee, dated March 27, 2009.
TR 09-031 A TRIBAL RESOLUTION OF THE MUSCOGEE (CREEK) NATION AUTHORIZING THE NATIONAL COUNCILTO HIRE A FORENSIC AUDITOR / CONSULTANT TO PERFORM A FORENSIC AUDIT OF THE MUSCOGEE (CREEK) NATION FINANCES.
.......................................
Sorry Ms Medina but I don't even think you knew what a forensic audit was until the on-going hearings on the communities, or else it’s Sam Alexander and Ron Cleghorn who have been giving you instructions, and they are willing to let you take the fall for any failures, because they sure WILL NOT and you keep falling for them.
But it may turn out OK as MCN's finances WOULD include all the finances of the National Council as they are a part of the MCN. That is good.