Cherokee Times

Editorial

September 2, 2008

Tribe Needs to Comply With Public Records Law

This publication has a number of stories in mind. For those stories to be done, it needs to be able to access certain information. The tribe does have a law that allows tribal members to access information that falls under its definition of public information. However, as with any law, it’s only good if it’s being enforced, and thus far the tribe’s willingness to provide what’s unquestionably public as well as its willingness to provide information period have been less than adequate.

This publication made requests for numerous financial documents back in June. The request asked for information in reference to tribal levy, travel expenses, tribal credit card statements, cash and in-kind donations to political candidates, all of which fall under the scope of the tribe’s public records law. As of Friday, the tribe has yet to respond to this publication’s request.

The need for a public records law is best described in the law’s language itself. “The Tribe finds that it is vital in a democratic society that public business be performed in an open and public manner. Toward this end, provisions of this Article must be construed so as to make it possible for members of the Eastern Band of Cherokee Indians, or their representatives, to have access to public records at a minimum cost and with minimum delay to the persons seeking access.

“Members and their representatives have a right to know the basis of the formulation of public policy. Therefore, it is the public policy of this Tribe that members shall be advised of the performance of public officials and of the decisions that are reached in public activity.” The law states that when a public body, which tribal Budget and Finance is, receives a written request to inspect or copy a public record, and this request was in writing, the public body has 15 business days to respond.

There was no minimum delay. In fact what this publication has found is that the public body has  been passing the buck as to who handles public information requests. The law doesn’t specify a one-stop liaison for information requests, and while the tribe certainly has the authority to create its own procedures and guidelines for handling these requests, routing all requests to one entity does not allow for information to be accessed with minimal delay.

When we asked the Deputy of Finance Charles Penick about this information request and the lack of response, more than a month after the request was made, his response was to direct us to the tribe’s legal department. That may be appropriate for some requests, but there’s no reason Budget and Finance couldn’t have handled this on their own. The same should apply for requests for proposed legislation, crime reports and court cases. There’s no reason why those requests can’t be handled by the respective departments.

Some entities of the tribe deserve praise for their responses to information requests. Tribal Operations (TOP) has never refused a request from this publication (nor its publisher individually). The program has demonstrated a willingness to even locate old and obscure resolutions and ordinances. The only time TOP hasn’t answered a request is when the legislation is so old that it exists only with federal agencies. Tribal Court has never refused a request from the publisher for information about cases filed. Even Paxton Myers deserves  kudos for providing the publisher with the chief and vice chief salaries upon request.

The law says what it says. It doesn’t need to be a bureaucratic nightmare for a tribal member to obtain information. It’s understandable that legal advice may be needed in some instances, but the tribal entities from which the request for information is made just need to comply with the law.