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Elders Board Announcements for 2006
The following policy statement is
adopted by the Western Cherokee Nation Elders Board on this, the 18th
day of October, 2006:
We, the Elders Board of the Western Cherokee Nation make the following
statements and judgments and do take the following actions in response
to the current and continuing discourse and hostile actions by tribal
members against tribal members, on this, the 18th day of October, 2006:
In regard to the acting Western
Cherokee Tribal Government: We are satisfied that the current
acting tribal government is in all ways representing the best interests
of the Western Cherokee Tribal Community; that said government is
acting in accordance with the Constitution for the Western Cherokee to
the best of it's ability within situational constraints; and is acting
in accordance with the original bylaws for the Western Cherokee
nonprofit corporation in all corporate affairs.
Therefore, we declare that the
acting tribal government is wholly legitimate and may not be
challenged. The Western Cherokee People are encouraged to offer
their full support and aid to the tribal government at this tumultuous
point in our history. This board calls for a special election to
be held to fill any remaining vacancies in the tribal government in
accordance with the constitution for the Western Cherokee Nation.
In regard to pending litigation:
The tribal government is directed and authorized to take all steps
necessary to protect the people of the Western Cherokee Nation, their
assets, their honor and their right to self determination.
Of great importance, secondary only to the health and welfare of
the people, is the fact of the very existence of litigation that does
place tribal matters in the hands of a non-Cherokee venue; this is
truly a grave threat to the Western Cherokee Nation. The tribal
government is further directed and authorized to take all steps
necessary to remove this pending litigation from the local courts
through dismissal or other lawful means. Compromise with the
plaintiffs is not authorized and is specifically prohibited by this
board. It remains the policy of the Western Cherokee Nation that
there shall be no negotiation with any person, persons nor entity that
is proven or known to mean harm of any degree to the People of the
Nation.
In regard to former Principle
Chief Jerry Summers: Former Principle Chief Summers has acted
with blatant disrespect and contempt for the People of the Western
Cherokee Nation. He secretly and unlawfully delegated his
authority through the use of a durable power of attorney to Deputy
Chief Watson earlier this year. Furthermore, on 19 August,
2006 he attempted to have all tribal members removed from a regularly
scheduled tribal council meeting so that business could be conducted or
words to the effect. He also, on the same day, outside of council
chambers and in the presence of twenty or more tribal members, did
resign his office and renounce his responsibilities. Former Chief
Summers did on 19 September, 2006 cause litigation to be initiated
against Western Cherokee Tribal Members for tribal actions and actions
taken in the interest of the tribe relating to the nonprofit
corporation. These actions demonstrate a breach of trust so
severe that immediate and conclusive action by this board is demanded
by the situation. Therefore, it is the decision of the Western
Cherokee Nation Elders Board that:
All tribal property held by Jerry Summers is hereby demanded and
ordered to be surrendered to this board, or the designated
representative of this board, immediately. All undisputed personal
property of Jerry Summers that may be held by the tribe, if any, shall
be returned to him at the earliest opportunity. This board shall
be the [sole] determining authority for any disputed property. - Enrollment records in
the name of Jerry Summers shall be copied and the original documents
shall be returned to Summers by certified U.S. Mail within twenty-one
calendar days of the execution of this instrument.
- Jerry Summers is forever
shunned by the Western Cherokee Nation, he is prohibited [effective 14
October, 2006] from entering upon any tribally owned property or
property owned by the nonprofit corporation for any purpose whatsoever.
In regard to former Deputy Chief John Watson:
Former Deputy Chief Watson has acted with blatant disrespect and
contempt for the People of the Western Cherokee Nation. He has
demonstrated a pattern of lying to and misleading both the People of
the Western Cherokee Nation and the general public. He has
habitually interfered with the official duties of other tribal
officials, specifically, the offices of the treasurer and secretary, as
well as unashamedly and publicly attempting to coerce the tribal
council into doing his bidding. Furthermore, on 19 August,
2006 after hours of angry confrontation between tribal members and John
Watson, his resignation was demanded by present members of this board,
less one, and this board and tribal members did, both
figuratively and literally, turn their backs on John Watson. On
multiple occasions, John Watson has filed reports and made complaints
to municipal, county and state authorities against multiple tribal
members. Additionally, John Watson did on 19 September,
2006 cause litigation to be initiated against Western Cherokee Tribal
Members for tribal actions and actions taken in the interest of the
tribe relating to the nonprofit corporation. This pattern of
reprehensible action demonstrates a breach of trust so severe that
immediate and conclusive action by this board is demanded.
Therefore, it is the decision of the Western Cherokee Nation Elders
Board that:
- All tribal property held by
John Watson is hereby demanded and ordered to be surrendered to this
board, or the designated representative of this board, immediately. All
undisputed personal property of John Watson that may be held by the
tribe, if any, shall be returned to him at the earliest
opportunity. This board shall be the [sole] determining authority
for any disputed property.
Enrollment records in the name of John Watson shall be copied and the
original documents shall be returned to Watson by certified U.S. Mail
within twenty-one calendar days of the execution of this instrument.
John Watson is forever shunned by the Western Cherokee Nation, he is
prohibited [effective 14 October, 2006] from entering upon any tribally
owned property or property owned by the nonprofit corporation for any
purpose whatsoever.
In regard to former Council Members Cover, Emmons and
Quick:
After being found to be guilty of
multiple crimes against the people of the Western Cherokee Nation in a
constitutionaly mandated hearing on 14 October, 2006, the
aforementioned persons have been permanently removed from all offices
and stripped of all title pursuant to the constitution of and for the
Western Cherokee Nation. It has been further determined by the
Elders Board that the aforementioned are not held to be "in good
standing" within the tribe.
18 October, 2006
STATEMENT BY THE ELDERS BOARD IN
REFERENCE TO THE HEARING OF CHARGES AGAINST FORMER COUNCIL PERSONS
COVER, EMMONS AND QUICK:
Having been charged on 19 August,
2006 by their fellow tribesmen with:
Habitual neglect of duties, and;
Immorality and/or a felonious
crime, and;
Taking punitive measures against a
fellow tribal member without due process;
a hearing was held for former
Council Members Cover, Emmons and Quick, that was conducted pursuant to
and in accordance with the Constitution for the Western Cherokee Nation
and held at the Western Cherokee Nation Tribal Complex on 14 October,
2006. None of the aforementioned former council members were
present and therefore chose no defense, with that being the case, then
they have accepted the charges against them as true or give no defense
to prove otherwise. The Elders Board after due and careful
deliberation has adjudged [and is in concurrence with the tribal
council's findings in,] the matter as follows:
The aforementioned tribal members
are found to be guilty of the offenses against the people of the
Western Cherokee Nation as they were charged.
The aforementioned persons are
removed from all offices and stripped of all title pursuant to the
constitution of and for the Western Cherokee Nation.
It has been further determined by
the Elders Board that the aforementioned persons are not held to be "in
good standing" within and by the tribe.
- Authorized for Publication:
-
Elder Bea Foster - Concurence
Obtained 17 Oct 06
Elder Carlo Carlino - Awaiting
Response
Elder Diane Dee - Concurence
Obtained 18 Oct 06
Elder Laurie Spencer -
Concurence Obtained 16 Oct 06
Elder James Gowan - Concurence
Obtained 15 Oct 06
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