AG says council must OK Hastings takeover

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June 13, 2008

Cherokee Nation Attorney General Diane Hammons issued an opinion this week declaring the Cherokee Nation Tribal Council must approve any takeover of W.W. Hastings Hospital by the tribe.

In her nine-page opinion, Hammons wrote: “The proposed assumption of operations at W.W. Hastings Hospital requires ratification by the Council,” pursuant to Legislative Act 15-01, a 2001 law that authorizes the chief to enter into certain agreements with other governments or entities, subject to council approval.

The Tahlequah facility is currently operated by Indian Health Services, a federal agency, but discussions between Cherokee Nation and the federal government are under way concerning the tribe’s possible takeover of the facility.

On April 15, 2008, the administration of Principal Chief Chad Smith issued a press release asserting the takeover of Hastings had been decided. That claim drew sharp criticism from several council members.

Cherokee Councilman Chuck Hoskin Jr., of Vinita, said he was pleased with the attorney general’s opinion.

“The attorney general recognizes that the plain language of Legislative Act 15-01 requires the council’s approval not merely of a budget to fund the takeover, but to consider whether the takeover itself is appropriate,” said Hoskin.

Hoskin added that, in his view, the council having the final say over whether the Hastings takeover should go forward is good public policy.

“No one is saying the administration has, with the exception of its April press release, done anything inappropriate. What we are saying is that the takeover of a major health care facility serving the Cherokee people warrants careful consideration by the Council,” said Hoskin. “Now, the council can move forward and determine whether it makes sense to take over Hastings.”

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