<< Back 7/17/02 Council likes editor’s suggestion to use Oklahoma tribe’s law By Don Hendershot Cherokee One Feather editor Joseph Martin and the Tribal Council of the Eastern Band of Cherokee Indians appear close to reaching consensus on legislation regarding closed session laws. Martin brought a resolution proposing new language for the tribe’s open meeting laws before the council at its regular April meeting. Martin was spurred to write the new legislation after he and a reporter from the Smoky Mountain News were asked to leave an earlier meeting so council could go into closed session. At the time no reason was given for the closed meeting. At the April 4 meeting, tribal council did pass an amendment to the tribe’s executive sessions law, but it was not Martin’s amendment. The council passed an amendment prepared by tribal associate counsel Michael McConnell. Martin objected to the language in McConnell’s law that stated council could go into closed session “to serve the best interest of the Tribe.” At the July 11 tribal council meeting, Martin was once again on the agenda to officially protest the amended ordinance. “It is my position that the amendment adopted in April is too vague,” Martin told council members. Martin had support from Big Cove council representative Teresa McCoy. “Whenever we come in here, we’re acting in the best interest of the Tribe,” McCoy said. She said she felt there were times when council had gone into closed session when it was not needed. “I have felt there were times when, if we had more information out there, we wouldn’t have received the backlash we did,” she said. “Our dilemma is, we know there are times when executive sessions are needed; how do you define what those times are?” asked council Vice Chairman Larry Blythe. “Simply taking it [to serve the best interest of the tribe] out doesn’t fill the void,” said Blythe. Blythe noted recent strides council had made by televising work sessions and other meetings. He said that the current council and its committees were more open than any in the past. “What will give you what you want and give us what we need?” Blythe asked Martin. Martin gave council members a copy of the Cherokee Nation’s closed sessions ordinance. The Cherokee Nation in Oklahoma has been praised by Native American journalists for its open and responsive government, Martin said. The Cherokee Nation’s ordinance lists five reasons for executive session. “This may be the middle ground we’re looking for,” Blythe said after reading the western Tribe’s ordinance. Council Chairman Bob Blankenship agreed and asked that the issue be tabled and that the tribal attorney general’s office review the Cherokee Nation ordinance and bring a recommendation to the council. Martin said that if the phrase “to serve the best interest of the Tribe” were stricken, and the reasons listed in the Cherokee Nation’s ordinance adopted, the Tribe would have a proper ordinance regulating when it could go into closed session.