Post by Okwes on Mar 22, 2007 14:47:18 GMT -5
Court rejects plan to force funding of tribe's budget
By AP
OKLAHOMA CITY (AP) - A tribal judge has ruled that there is no financial
emergency within the Cheyenne and Arapaho Tribes, the latest development
in a constitutional crisis over this year's proposed $50 million tribal
budget.
Tribal Gov. Darrell Flyingman sued his one-time ally, Acting Treasurer
Robert Wilson, last week over Wilson's refusal to deposit gaming checks
into bank accounts where Flyingman can access them for program operating
expenses. Flyingman contends Wilson's actions put the tribes on the
brink of collapse.
Wilson says no emergency exists. Tribal legislators in October approved
an interim budget, and when Flyingman vetoed it, the Legislature
overrode him. Final budget approval is expected at a Feb. 17 meeting of
the tribal council.
Until then, Wilson said, all tribal government programs are being
funded.
On Wednesday, Tribal court Judge Charles Tripp agreed with Wilson that
there is no emergency.
"There is no reason for the governor to shut down any department or
program," Tripp wrote. "If the governor allows this then the Bureau of
Indian Affairs will come in and take over all 638 contracts and the
programs will continue to run.
"All programs are in the governor's hands, and either he will act
accordingly and keep all running, or he will be responsible for shutting
down programs for no reason."
Proposals supported by Flyingman were defeated by lopsided margins at a
special meeting of the tribal council. His budget for 2007 was defeated
291-7.
A tribal attorney from Seattle declared several of Flyingman's other
agenda items unconstitutional because only the tribal Legislature can
create laws.
One measure would have given Flyingman sole power to negotiate casino
management contracts. Some members said it was dangerous to put such
financial authority in one person's hands.
Flyingman last week blamed Southwest Casino Corp., which manages the
Lucky Star casinos, for the turnout and vote results. He said the
company, whose contract is up for renewal, packed the meeting to ensure
defeat of his proposals.
The Watonga Republican newspaper reported that a fight nearly erupted
between Flyingman and Jerry Levi after Levi refused to let Flyingman use
the microphone during the tribal council meeting. Levi had been elected
to conduct the meeting.
Tripp later granted Levi's request for an emergency protective order
concerning the governor. Tripp said Friday he will watch a video of the
entire meeting before deciding whether to make the protective order
permanent.
Also last week, Flyingman appointed two new gaming commissioners, one of
whom was to replace Wilson's wife, Yvonne. But such appointments require
legislative confirmation.
An emergency retraining order issued on Friday prevents Flyingman's
appointees from beginning their jobs pending a hearing next week. Tripp
said allowing Flyingman to remove the two existing gaming commissioners
would jeopardize the tribe's casinos.
By AP
OKLAHOMA CITY (AP) - A tribal judge has ruled that there is no financial
emergency within the Cheyenne and Arapaho Tribes, the latest development
in a constitutional crisis over this year's proposed $50 million tribal
budget.
Tribal Gov. Darrell Flyingman sued his one-time ally, Acting Treasurer
Robert Wilson, last week over Wilson's refusal to deposit gaming checks
into bank accounts where Flyingman can access them for program operating
expenses. Flyingman contends Wilson's actions put the tribes on the
brink of collapse.
Wilson says no emergency exists. Tribal legislators in October approved
an interim budget, and when Flyingman vetoed it, the Legislature
overrode him. Final budget approval is expected at a Feb. 17 meeting of
the tribal council.
Until then, Wilson said, all tribal government programs are being
funded.
On Wednesday, Tribal court Judge Charles Tripp agreed with Wilson that
there is no emergency.
"There is no reason for the governor to shut down any department or
program," Tripp wrote. "If the governor allows this then the Bureau of
Indian Affairs will come in and take over all 638 contracts and the
programs will continue to run.
"All programs are in the governor's hands, and either he will act
accordingly and keep all running, or he will be responsible for shutting
down programs for no reason."
Proposals supported by Flyingman were defeated by lopsided margins at a
special meeting of the tribal council. His budget for 2007 was defeated
291-7.
A tribal attorney from Seattle declared several of Flyingman's other
agenda items unconstitutional because only the tribal Legislature can
create laws.
One measure would have given Flyingman sole power to negotiate casino
management contracts. Some members said it was dangerous to put such
financial authority in one person's hands.
Flyingman last week blamed Southwest Casino Corp., which manages the
Lucky Star casinos, for the turnout and vote results. He said the
company, whose contract is up for renewal, packed the meeting to ensure
defeat of his proposals.
The Watonga Republican newspaper reported that a fight nearly erupted
between Flyingman and Jerry Levi after Levi refused to let Flyingman use
the microphone during the tribal council meeting. Levi had been elected
to conduct the meeting.
Tripp later granted Levi's request for an emergency protective order
concerning the governor. Tripp said Friday he will watch a video of the
entire meeting before deciding whether to make the protective order
permanent.
Also last week, Flyingman appointed two new gaming commissioners, one of
whom was to replace Wilson's wife, Yvonne. But such appointments require
legislative confirmation.
An emergency retraining order issued on Friday prevents Flyingman's
appointees from beginning their jobs pending a hearing next week. Tripp
said allowing Flyingman to remove the two existing gaming commissioners
would jeopardize the tribe's casinos.