UKB begins banishment process against Cherokee Chief
The United Keetoowah Band Council adopted a tribal membership banishment code Saturday, and then proceeded to use it on Cherokee Nation Principal Chief Chad Smith.
Last month, UKB councilors discussed kicking Smith out of the UKB, but no provisions existed in their legal code to allow such an action.
Smith, along with Cherokee Nation Deputy Chief Joe Grayson, are dual members of the Cherokee Nation and the UKB. The Cherokee Nation has no ban on dual enrollment, but the UKB prohibits dual enrollees from receiving benefits or taking part in tribal government.
Once the council had banishment provisions at Saturday's meeting, Sequoyah District Representative Barry Dotson made a motion to add the banishment of Smith to the meeting agenda. Then, Flint District Representative Woodrow Proctor made a motion to banish Smith from the UKB for causing hardships to the tribe, attacking the UKB constitution, and - as worded in the tribe's new banishment code - "grievous conduct."
Under Smith's leadership, the Cherokee Nation recently opposed efforts by the UKB to have Keetoowah land put in trust by the Cherokee County Commissioners. The Cherokee Nation also contends that the UKB casino in Tahlequah is operating illegally, because it isn't located on trust land as required by the federal Indian Gaming Regulatory Act. The UKB has no trust land, but is currently involved in a lawsuit with the state of Oklahoma to prevent the state from shutting the tribe's casino down. The UKB contends the land where their casino is located is a dependent Indian community, and therefore exempt from state jurisdiction.
UKB attorney Ken Belmard suggested that - even though the banishment code may have been inspired by Smith's actions - the council use it consistently, and only in accordance with the provisions set forth in the code.
"When you start taking action under this code, you'll have to treat everyone similarly situated the same way," he said.
Under the new banishment provisions, Smith will be notified of the council's attempt to banish him, and will be entitled to a hearing on the matter before the council.
Reprinted by permission of Tahlequah Daily Press
By Eddie Glenn, Press Staff Writer
Last month, UKB councilors discussed kicking Smith out of the UKB, but no provisions existed in their legal code to allow such an action.
Smith, along with Cherokee Nation Deputy Chief Joe Grayson, are dual members of the Cherokee Nation and the UKB. The Cherokee Nation has no ban on dual enrollment, but the UKB prohibits dual enrollees from receiving benefits or taking part in tribal government.
Once the council had banishment provisions at Saturday's meeting, Sequoyah District Representative Barry Dotson made a motion to add the banishment of Smith to the meeting agenda. Then, Flint District Representative Woodrow Proctor made a motion to banish Smith from the UKB for causing hardships to the tribe, attacking the UKB constitution, and - as worded in the tribe's new banishment code - "grievous conduct."
Under Smith's leadership, the Cherokee Nation recently opposed efforts by the UKB to have Keetoowah land put in trust by the Cherokee County Commissioners. The Cherokee Nation also contends that the UKB casino in Tahlequah is operating illegally, because it isn't located on trust land as required by the federal Indian Gaming Regulatory Act. The UKB has no trust land, but is currently involved in a lawsuit with the state of Oklahoma to prevent the state from shutting the tribe's casino down. The UKB contends the land where their casino is located is a dependent Indian community, and therefore exempt from state jurisdiction.
UKB attorney Ken Belmard suggested that - even though the banishment code may have been inspired by Smith's actions - the council use it consistently, and only in accordance with the provisions set forth in the code.
"When you start taking action under this code, you'll have to treat everyone similarly situated the same way," he said.
Under the new banishment provisions, Smith will be notified of the council's attempt to banish him, and will be entitled to a hearing on the matter before the council.
Reprinted by permission of Tahlequah Daily Press
By Eddie Glenn, Press Staff Writer
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