http://www.cherokeephoenix.orgThousands of teachers, students and supporters across Oklahoma gather on April 9 at the state Capitol in Oklahoma City to protest for better public education funding. LINDSEY BARK/CHEROKEE PHOENIX
Thousands of teachers, students and supporters across Oklahoma gather on April 9 at the state Capitol in Oklahoma City to protest for better public education funding. LINDSEY BARK/CHEROKEE PHOENIX

Cherokee educators participate in teacher walkout

Many of those who supported the teacher walkout in April carried signs. Seen here is one sign relaying the lack of funding public schools in Oklahoma deal with. LINDSEY BARK/CHEROKEE PHOENIX  Kellea Hampton, a Cherokee Nation citizen and fourth grade teacher at Jay Upper Elementary, holds her son and a sign as she stands in front of the Oklahoma Capitol on April 9 during a statewide teacher walkout for better education funding. LINDSEY BARK/CHEROKEE PHOENIX Sunny McDaniel-Alves, a Cherokee Nation citizen and sixth grade teacher at Westville Public Schools, third from left, stands with a group of Westville teachers and supporters on April 9 during a teacher walkout for more public education funding at the Capitol in Oklahoma City. KENLEA HENSON/CHEROKEE PHEONX
Many of those who supported the teacher walkout in April carried signs. Seen here is one sign relaying the lack of funding public schools in Oklahoma deal with. LINDSEY BARK/CHEROKEE PHOENIX
BY KENLEA HENSON
Reporter &
LINDSEY BARK
Reporter
04/13/2018 04:00 PM
OKLAHOMA CITY – After nine weekdays of rallying for increased public education funding, the Oklahoma teacher walkout officially ended April 12. Planned by the Oklahoma Education Association, thousands of educators, along with students and supporters across the state, began marching on the Capitol on April 2 to pressure lawmakers for adequate funding.

According to the Associated Press, Gov. Mary Fallin signed a $6,100 pay raise into legislation for teachers in March, their first increase since 2007. However, teachers said there was more that could be done for their students and schools.

Cherokee Nation citizen were among the educators rallying in Oklahoma City, including Kellea Hampton, who teaches fourth grade at Jay Upper Elementary. She said she saw a “powerful and positive impact” from the walkout.

“We got the momentum from West Virginia. Now we’re sending (it) to Kentucky and Arizona. Education is not valued in America like it is in other countries. If you think about the Buddhists and other cultures, educators are in the top tier with lawyers and doctors. It’s just sad that we don’t value education,” Hampton said.

She said teachers “would have looked bad” if they accepted a partial bill that wouldn’t fully fund education. “I miss my students, but I know that this will be beneficial for the upcoming years, and I think if we wouldn’t have done the walkout they would have never taken us seriously,” she said.

OEA officials said support of the walkout secured $479 million for teacher and support staff raises and educational funding. But teachers say the funding isn’t enough for what’s needed.

Sunny McDaniel-Alves, a CN citizen and sixth grade teacher at Westville Public Schools, said teachers at her school don’t receive classroom budgets due to lack of funds. She said better funding would not only help with supplies but also for classroom conditions students endure. “We want to see funding in our schools, so it’s not raining in the high school senior English classroom, so there’s not mushrooms growing on the ceiling, so we have books that aren’t falling apart and books that aren’t older than our students, and we would like to finally like to get rid of the temporary trailers that our classrooms are in that have been there for 20-some odd years.”

With no further negotiations being met for increased funding, OEA officials ended the walkout.

McDaniel-Alves said she feels defeated by the walkout’s end but would continue to fight.

“I love my kids, and I will continue to fight for them however I can, and I will continue to teach them to reach their potential as productive citizens. The fight hasn’t ended, not for me,” she said. “The polls are one way, and I will encourage my community to do the same. We will also continue to let our current legislators know how we feel by continuing to communicate with them.”
About the Authors
Lindsey Bark grew up and resides in the Tagg Flats community in Delaware County. She graduated from Northeastern State University in 2012 with a bachelor’s degree in mass communication, emphasizing in journalism. She started working for the Cherokee Phoenix in 2016.
 
Working for the Cherokee Phoenix, Lindsey hopes to gain as much knowledge as she can about Cherokee culture and people. She is a full-blood Cherokee and a citizen of the United Keetoowah Band.
 
Her favorite activities are playing stickball and pitching horseshoes. She is a member of the Nighthawks Stickball team in Tahlequah and enjoys performing stickball demonstrations in various communities. She is also a member of the Oklahoma Horseshoe Pitchers Association and competes in sanctioned tournaments throughout the state.
 
Previously a member of the Native American Journalists Association, she has won three NAJA awards and hopes to continue as a member with the Cherokee Phoenix.
lindsey-bark@cherokee.org • 918-772-4223
Lindsey Bark grew up and resides in the Tagg Flats community in Delaware County. She graduated from Northeastern State University in 2012 with a bachelor’s degree in mass communication, emphasizing in journalism. She started working for the Cherokee Phoenix in 2016. Working for the Cherokee Phoenix, Lindsey hopes to gain as much knowledge as she can about Cherokee culture and people. She is a full-blood Cherokee and a citizen of the United Keetoowah Band. Her favorite activities are playing stickball and pitching horseshoes. She is a member of the Nighthawks Stickball team in Tahlequah and enjoys performing stickball demonstrations in various communities. She is also a member of the Oklahoma Horseshoe Pitchers Association and competes in sanctioned tournaments throughout the state. Previously a member of the Native American Journalists Association, she has won three NAJA awards and hopes to continue as a member with the Cherokee Phoenix.
Coming Soon
kenlea-henson@cherokee.org • 918-931-9116
Coming Soon

News

BY WILL CHAVEZ
Assistant Editor – @cp_wchavez
05/24/2018 10:00 AM
WASHINGTON – U.S. Health and Human Services officials want states to settle the question of whether citizens of Native American tribes should get jobs to keep their health care after the Donald Trump administration said in April that tribes are a race rather than separate governments. The administration contends that by classifying Natives as a race rather than organized tribal governments, they would not be exempt from Medicaid work rules. This new challenge to tribal sovereignty has sparked by an unusual split between the HHS’ politically appointed administrators and legal counsel, according to an article by Politico.com. This issue has also raised concerns in Congress and alarmed tribes that say it reverses centuries of protections enshrined in the Constitution and upheld by the Supreme Court. “This decision by the U.S. Department of Health and Human Services is troubling and undermines longstanding policy and law that recognize tribes as sovereign governments, not racial classifications,” Cherokee Nation Secretary of State Chuck Hoskin Jr. said. “This understanding is the very basis of the laws that apply uniquely to tribes and that have been upheld by the courts time and time again. HHS is demonstrating a breathtaking lack of understanding of this fundamental and bedrock concept in Indian law. I intend to object directly to agency officials at the next HHS tribal advisory committee meeting in May. HHS Secretary Alex Azar, the agency’s former general counsel, has told tribal leaders that state Medicaid administrators will be able to work with tribal governments on designing any employment requirements. Tribes had requested to be exempted from new Medicaid work rules being introduced in several states, citing sovereign status. But the Trump administration rejected the request, saying in January it amounted to an illegal racial preference. Eastern Band of Cherokee Indians Principal Chief Richard Sneed said his tribe’s citizenship differentiates tribal people and tribal governments from other racial minorities. “As principal chief of the Eastern Band of Cherokee Indians, I am a leader and a citizen of a sovereign tribal nation,” he said. “The Eastern Band – like other Indian tribes – sets its own laws that define the standards for being an Eastern Band Cherokee. This citizenship – we also say membership or enrollment in a tribal sovereign – separates tribal people and tribal governments from others who may be racial minorities.” Sneed added that the U. S. Supreme Court affirmed this status in 1974 in Morton v. Mancari, a case about the constitutionality under the Fifth Amendment of hiring preferences given to Indians within the Bureau of Indian Affairs. The Supreme Court held that the hiring preferences established by the U.S. Congress “were not violative” of the Due Process Clause of the Fifth Amendment. “Indians” under federal law are citizens of Indian tribes, not persons of a racial minority as recognized in the U.S. Constitution,” Sneed said. CN citizen Mary Smith, who was acting head of the Indian Health Service during the Obama administration, said the United States has a legal responsibility to provide health care to Native Americans. “It’s the largest prepaid health system in the world,” she said. “They’ve paid through land and massacres, and now you’re going to take away health care and add a work requirement?” Native Americans’ unemployment rate of 12 percent in 2016 was nearly three times the U.S. average, partly because jobs are scarce on reservations. Low federal spending on the IHS has also left tribes dependent on Medicaid to fill coverage gaps. “Work requirements will be devastating,” Smith said. “I don’t know how you would implement it. There are not jobs to be had on the reservation.” Republican Congressman Tom Cole, who is a Chickasaw Nation citizen and the chairman of the House Appropriations Subcommittee that holds the purse strings for HHS and the Centers for Medicare & Medicaid Services, has warned the HHS to reverse course. “I am concerned that both HHS and CMS are unwittingly about to kick off what may be decades of expensive and needless litigation with tribes and other parties,” Cole wrote as part of a legal memo prepared by the Chickasaw Nation. “There’s no way I’m ever going to support something that describes tribes as racial groups and not sovereign governments," Cole said to Politico. “If Republicans (with tribal expertise) don’t push back hard…I think HHS will stumble into a big fight that they don’t need.”
BY ASSOCIATED PRESS
05/21/2018 02:00 PM
WASHINGTON (AP) – The U.S. Supreme Court will hear Oklahoma’s plea to reinstate the murder conviction and death sentence of an American Indian. The justices on May 21 said they would review an appellate ruling that overturned the conviction and sentence of Patrick Dwayne Murphy. He claimed he should have been tried in federal, not state, court because he is a citizen of the Muscogee (Creek) Nation and the crime occurred in Indian territory. The federal appeals court in Denver determined that the victim’s body was found within the tribe’s historical boundaries that take in several Oklahoma counties, and include much of the city of Tulsa. The court said the MCN reservation existed before Oklahoma achieved statehood and was never formally deprived of its official status, or disestablished, by Congress. The Trump administration, in a rare uninvited Supreme Court filing, said in support of Oklahoma’s appeal that the issue has “wide-ranging and serious implications for law enforcement.” In Tulsa, with a population of 950,000 people, and eight counties in eastern Oklahoma, most crimes by or against Indians would have to be prosecuted in federal courts if the appellate ruling is upheld, the administration said. The vast majority of crimes are handled by local and state authorities. In 2017, federal prosecutors in the region brought just three indictments for serious crimes because they involved Indian Country, the administration said. That number could increase to more than 500 indictments a year, the administration estimated. A jury in McIntosh County, about 80 miles southeast of Tulsa, found Murphy guilty of the 1999 murder of George Jacobs and a judge sentenced him to death. Prosecutors said he had confessed to killing Jacobs when he was arrested. Lawyers for Murphy had urged the justices to leave the appellate ruling undisturbed. They argued that the appeals court correctly applied Supreme Court precedents dealing with the disestablishment of Indian reservations. They also said the claims of mass disruption of the criminal justice system were overstated. The case, Royal v. Murphy, 17-1107, will be argued in the fall. Justice Neil Gorsuch is not taking part in the court’s review because he dealt with the case while a member of the appeals court.
BY STAFF REPORTS
05/21/2018 08:15 AM
STILWELL – The 71st annual Stilwell Strawberry Festival was held May 11-12, and a strong Cherokee presence could be seen in one of the longest running festivals in Oklahoma. Attractions included a parade, carnival, 5K and fun run, car show, vendor booths, live music, food and strawberries. One of the two Cherokee strawberry growers, Dylan Collyge, attended the festival even though he was unable to sell his berries or enter them in the competition this year. “My berries got hit by a late frost in April and set me back about a month,” he said. Other strawberry farmers did well with their berries and sold them from booths or from their vehicles. Visitors could be seen carrying purchased flats of strawberries around town. The Cherokee Phoenix was at the festival and produced the following video of highlights.
BY TRAVIS SNELL
Assistant Editor – @cp_tsnell
05/18/2018 04:00 PM
TAHLEQUAH – Cherokee Nation citizens living outside the tribe’s 14-county jurisdiction are eligible for free one-year subscriptions of the Cherokee Phoenix thanks to a $10,000 disbursement from the principal chief’s office on behalf of At-Large Tribal Councilors Mary Baker Shaw and Wanda Hatfield. The Cherokee Phoenix recently received the funds and is taking names on a first-come, first-served basis until the money is depleted. “These funds that have been provided to the Cherokee Phoenix by the joint efforts of our tribal administration and our At-Large (Tribal) Councilors Mary Baker Shaw and Wanda Hatfield will go a long way in providing subscriptions to at-large citizens,” Executive Editor Brandon Scott said. “It has always been our goal here at the Phoenix to make sure that every citizen that wants a copy of the Cherokee Phoenix is able to get one. That is the sole reason we exist. Our success depends on our subscribers. Our ability to remain independent relies solely on the funds we receive from subscriptions, so these funds are not only assisting at-large citizens they are also assisting us in remaining independent. I’d personally like to thank Councilors Baker and Shaw as well as the administration for making this donation possible.” Scott added that there are no restrictions on receiving a free subscription other than living outside the CN jurisdiction and being a CN citizen. Using the fund, at-large CN citizens can apply to receive a free one-year subscription by visiting, calling or writing the Cherokee Phoenix office and requesting a subscription. The Cherokee Phoenix office is located in the Annex Building on the W.W. Keeler Tribal Complex. The postal address is Cherokee Phoenix, P.O. Box 948, Tahlequah, OK 74465. To call about the fund, call 918-207-4975 or email <a href="mailto: justin-smith@cherokee.org">justin-smith@cherokee.org</a>. The Cherokee Phoenix also has a free website, <a href="http://www.cherokeephoenix.org" target="_blank">www.cherokeephoenix.org</a>, that posts news seven days a week about the Cherokee government, people, history and events of interest. The monthly newspaper is also posted in PDF format to the website at the beginning of each month. Cherokee Nation Businesses in November donated $10,000 to the Cherokee Phoenix’s Elder/Veteran Fund, which provides free subscriptions of its monthly newspaper to elders and/or military veterans who are CN citizens. No income guidelines have been specified for the Cherokee Phoenix Elder/Veteran Fund, and free subscriptions will be given as long as funds last. Tax-deductible donations for the fund can also be sent to the Cherokee Phoenix by check or money order specifying the donation for the Cherokee Phoenix Elder/Veteran Fund. Cash is also accepted at the Cherokee Phoenix offices and local events where Cherokee Phoenix staff members are accepting Elder/Veteran Fund donations. Those who donate can also have entries submitted for them into the Cherokee Phoenix’s quarterly artist giveaway. For every $10 donated or spent on Cherokee Phoenix merchandise, a person gets one entry into the quarterly drawing. The next drawing is July 2 when it gives away a two-piece, 12-foot fishing rod donated by Larry Fulton of Larry’s Bait and Tackle in Fort Gibson.
BY STAFF REPORTS
05/16/2018 04:00 PM
VINITA – Eleven Cherokee families received keys to their new homes on May 11 after participating in the Housing Authority of the Cherokee Nation’s New Home Construction Program. The 1,350-square-foot brick homes on Miller Street each feature a garage, three bedrooms and two bathrooms. According to Cherokee Nation Communications, $1.1 million was invested into the homes and infrastructure and will provide an estimated $28,000 in impact aid to local schools. CN citizen Candle Melton and her family received one of the new homes. The family of three had lived with her mother, and she said the home is a blessing. “We are so excited to have a brand new house to call our own. This would not have been possible without Cherokee Nation and the New Home Construction Program,” Melton said. “I am definitely proud to be Cherokee and cannot thank Cherokee Nation enough for their investments in our communities and for this wonderful opportunity to become the homeowners of a brand new home.” Principal Chief Bill John Baker implemented the program in 2012. The Vinita home recipients were selected from the HACN’s waiting list of applicants who do not own land. “Helping Cherokees improve their lives by establishing homeownership is creating stronger communities and healthier families in northeast Oklahoma,” Baker said. “We took these acres in Vinita and converted them into a desirable neighborhood of almost a dozen houses. Building safe and secure homes that are affordable for our citizens has established Cherokee Nation’s New Home Construction Program as the unparalleled model of excellence for Indian Country.” Chief of Staff and Vinita native Chuck Hoskin said the homes were the latest in decades of improvements to the area by CN. “In more than 25 years of serving the Cherokee people, I’ve witnessed much progress for this community. These new homes will have a lasting, positive impact,” Hoskin said. The HACN recently received a grant from Bank2 for the home program, which allows the HACN to keep the home recipients’ monthly payment at $350. Schools in the area also benefit from the homes because they receive $2,800 in federal impact aid for each enrolled student who resides in the homes. “The new Miller Street Housing Addition is a major boon for the town of Vinita,” Tribal Councilor Victoria Vazquez said. “Not only does it help citizens achieve homeownership, it’s also going to bring much-needed revenue to the school system through impact aid dollars.” Along with the homes, the CN also invested more than $100,000 in infrastructure development on Miller Street and within the housing addition. In addition to the 660 homes built through the program, the HACN has nearly 100 more homes under construction in the tribe’s jurisdiction. For more information, visit <a href="http://www.hacn.org" target="_blank">www.hacn.org</a>.
BY KENLEA HENSON
Reporter
05/16/2018 02:45 PM
TAHLEQUAH – During the May 14 Tribal Council meeting, legislators unanimously amended titles 21 and 22 of the Cherokee Code Annotated, regarding the Violence Against Women Act. The amendment “authorizes special domestic violence criminal jurisdiction over non-Indians who commit domestic violence, dating violence, or a violation of a protection order.” The amended Title 22, Section 70 gives the Cherokee Nation special domestic violence criminal jurisdiction over a non-Indian defendant under certain circumstances, including if the offender resides or is employed within the CN jurisdiction or is a spouse, intimate partner or dating partner of a CN citizen or Indian who lives within the CN. Tribal Councilor Victoria Vazquez said the act’s impact on women is the knowledge that women will be valued, treated with respect and empowered going forward. “I voted for the VAWA to be enforced because it’s the right thing to do. Cherokee Nation leads all tribes in profitable businesses, education and health care in Native Country, and we should be the leader when it comes to the safety of our women and children,” she said. In conjunction, the Tribal Council also amended Title 12 of the Cherokee Code Annotated regarding the Civil Protective Order Act. The amendment gives the CN District Court full civil jurisdiction to issue and enforce protection orders if an act of domestic violence occurred within the CN boundaries. However, the amendment states that jurisdiction is not authorized over parties who are both non-Indian. The amendment also states the District Court has the authority to enforce any orders by civil contempt proceedings, excluding violators from Indian land and other appropriate procedures in matters that arise within the CN jurisdiction or within CN authority according to CN law. In other business, Councilors authorized the “execution of certain contracts that preserve sovereign immunity,” which allows CN to enter into certain contracts more efficiently. Legislators also passed a resolution accepting land from the Oklahoma Department of Transportation, which will allow permanent access and tribal upkeep of the road entering Sequoyah’s Cabin and Museum in Sequoyah County. The Tribal Council also amended the CN comprehensive operating budget for fiscal year 2018, increasing it by $5.9 million for a total budget of $693.1 million. Steven E. Barrick was also reappointed to the CN Gaming Commission.