By TEDDYE SNELL
More than 30 Native American contractors attended a Thursday meeting of the Cherokee Nation Executive and Finance Committee, eager to learn more about proposed legislation on CN’s Tribal Employment Rights Office, or TERO.
But their hopes were dashed as several agenda items, as well as an amendment to the agenda to include a proposed TERO resolution, were either tabled or blocked from the agenda.
The resolution, sponsored by Councilors Bill John Baker, Jodie Fishinghawk, Tina Glory-Jordan, Curtis Snell and Joe Crittenden, would provide assurances to TERO vendors that only those licensed by the Cherokee Nation would be hired for work at the new casino in Ramona.
Councilors voting in favor of including the measure on the agenda were Baker, Jordan, Fishinghawk, Snell, Crittenden, Chuck Hoskin Jr., David Thornton and Speaker Meredith Frailey. Those opposed were Cara Cowan Watts, Bradley Cobb, Harley Buzzard, Chris Soap, Janelle Fullbright, Don Garvin, Jack Baker, Julia Coates and Buel Anglen.
Over the past several months, the Daily Press has been contacted by a handful of TERO-certified contractors who are concerned their interests are not being fairly considered by the tribe when it comes to construction bids.
According to Hoskin, TERO contractors are those certified by CN as a majority Indian-owned companies, which by and large are majority Cherokee-owned.
Baker’s resolution arose against the backdrop of TERO reform efforts led by Fishinghawk and Jordan.
“I share Councilman Baker’s concern about the need to put more Cherokee workers and contractors to work on Cherokee construction projects,” said Hoskin. “There is a sense that our business entities have not done enough to give TERO contractors, and therefore Cherokee workers, a chance to share in the prosperity created by our gaming expansion.”
According to Hoskin, Baker’s resolution, if passed, would express the opinion of the Council that all subcontracting work for the Ramona casino project – including concrete, landscaping, dirt work and asphalting – would be done by TERO contractors.
“That, as well as passing TERO reform plans advocated by Councilors Jodie Fishinghawk and Tina Glory-Jordan, would send a strong message to the chief and our business entities that the status quo is not acceptable to the council,” said Hoskin.
Watts, who voted against adding the resolution to the agenda, said TERO preference is already tribal business policy. She also is a co-sponsor for a proposed legislative act that would supersede tribal law on labor and employment rights.
“Our current goals are to have 100 percent Indian preference for all projects,” said Watts. “Grandstanding a last-minute resolution for one project does not get us any closer to a comprehensive system of helping Indians develop more competitive businesses who employ more Cherokees. Mr. Baker’s resolution was political theater and window-dressing, which accomplishes nothing but putting money in the pockets of a few select vendors on one project. And the resolution has lots of unknown consequences.
“My TERO proposal helps all Cherokee vendors on all projects. If TERO vendors are upset, they should be upset with the people who tabled well-thought-out and comprehensive reform.”
Baker took issue with Watts’ comments, saying she basically has the issue ham-strung for a vote.
“She came up out of the blue with a ‘brand-new’ TERO proposal that mirrors what [Principal Chief] Chad [Smith] wanted eight years ago and didn’t get,” said Baker.
“We’ve been dragging out reform for the past 10 years. For two of those years, Cara was on board, but she and her cohorts recently decided, with help from the administration, they wanted reform with no teeth. Once she figured out we needed her to win, she came up with her own plan that mirrors the chief’s plan of 10 years ago. It was written by [Secretary of State] Melanie Knight.”
In a recent column, Watt confirmed the inclusion of the administration in TERO reform.
“Our proposed act was a team effort that included not just the tribal council, but Chief Smith and his staff who work on TERO daily,” wrote Watts.
By having neither a resolution nor an act in place, Baker believes it could cost Cherokee citizens millions of dollars.
“Getting TERO reformed has to start somewhere,” said Baker. “This Ramona project, at a cost of $5 million for subcontract work, could turn itself over within the 14-county jurisdiction seven times. That means $35 million would circulate from contractors to their families to local businesses and other entities within that jurisdiction. Cara may say its political grandstanding, but to me, that’s what we’re sent there to do – provide opportunities to our people.”
Watts pointed out Baker tabled her legislative proposal at the same Thursday meeting.
“Instead of acting on our years of work, Mr. Baker tabled the proposal and instead pushed to add something at the last minute that would affect only one project,” said Watts.
“Today, we are no closer than we were last week to helping TERO vendors because of political posturing.”
During the meeting, Watts moved to table two resolutions on TERO put forth by Fishinghawk, saying they would be redundant and covered in her act.
