Western Cherokee
 

 

 

 

 

 

 

 

 

 

Westerncherokee.com is not associated with the Western Cherokee Official Web-site at this time. We have a court order but James Ellis et al have refused to turn property over, including westerncherokee.com which is registered to the Western Cheorkee

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 

8. Some of the Board of Elders do not have the authority to go where they have been said to go.

Read the following and you will see clearly that it takes 2/3 of the elders to have a meeting which would be 4 of five elders. Furthermore it takes a 2/3 vote of the elders to overturn a decision of the Council, this has not been done and there is no evidence to this being done. It is well known that at least two Elders have not been contacted on any of the issues they are speaking of.

 

The Elders NEVER had a meeting per our Constitution. Council placed James Ellis on recall, shortly afterwards Carlo Carlino and Diane Dee made a public statement saying James Ellis was placed back in his seat as Speaker, this was done in violation of our Constitution.

 

ARTICLE III
WESTERN CHEROKEE NATION BOARD OF TRIBAL ELDERS

 

Section 1.  There shall be a Board of Tribal elders composed of not more than fourteen (14) tribal members, who shall be at least forty five (45) years of age, and members in good standing.  The board of Tribal Elders constitutes the judicial branch of the nation’s government.  They shall be recommended by the Executive Office and confirmed by the Tribal Council.  No person shall simultaneously serve on both the Board of Tribal elders and either the Tribal Council or the Executive Office.  No person shall serve on both the Board of Tribal Elders and the Election Board at the same time.  The term of office for members of the Board of Tribal Elders is six (6) years with the date of the most recent past election being the appointment date, with no limit as to how many times they can be re-appointed.  A quorum for a meeting of the Elders will be at least 2/3 of the elders who have been appointed and remain active in the position.  Elders may have meeting via phone or Internet and may vote in that manner.  All official correspondence on Elder concerns, decisions, or votes must be reported to the Tribal Council by an Elder designated by the group to do so.  A majority vote of existing elders shall constitute a judicial decision.

 

Section 2.  Action of the Board of Tribal Elders may be initiated by a request from the Executive Office, the Tribal Council, or a tribal member.  A Board of Tribal Elders recorder or secretary shall keep records on all proceedings.  All decisions of the Board of Elders as to whether an issue is to be submitted for a vote of the Tribal Council or a vote of the general membership shall be final.

 

Section 3.  It shall be the responsibility of the Board of Elders pursuant to ARTICLE V, Section 1, of this Constitution, to decide whether a proposal to recall a tribal official shall be denied, put in a probationary position or returned to the Tribal Council for a second recall vote.

 

Section 4.  The Board of Tribal Elders shall also consider appeals of Election Board decisions rendered in conjunction with any election as provided in ARTICLE XI, Section 6, of this Constitution.

 

Section 5.  The Board of Tribal Elders shall have the option of judicial review and may require any action of the Tribal Council or Executive Office to be reconsidered by the initiating body.  Upon reconsideration, any measure so questioned shall require a 2/3 vote to stand.  In the case of an affirmative vote, the Board of Tribal Elders may again require the action to be reconsidered, in which case the measure can only pass with a unanimous vote by both the Tribal Council and the Executive Office.

 

 

 

12.  Message From Elder Horton

Osiyo

 

I very rarely write anything but feel I must come to you to help set the record straight. There has been allot on misinformation put out over the past year with some of it referring to myself and what I was witness to. It has been said that at the August 19, 2006 meeting all the Elders asked for Jerry Summers and John Watson to resign, this is NOT true.

 

There were three Elders present at this meeting, including myself, a letter read for an Elder and one was not present making the total of five Elders.

 

Here is what I was witness too:
1. I Jim Horton never said Chief Jerry Summers or Vice Chief John Watson should resign.
2. The letter read by Laurie Spencer for Bea never said anything to the effect that Chief Jerry Summers or Vice Chief John Watson should resign.
3. Carlo Carlino said he would step down if James Ellis, Chief Jerry Summers and Vice Chief John Watson would resign.
4. Diane Dee did ask for their resignations.
5. David Summers was not present and never said anything about resigning.

 

Unless I have forgot how to count that come to 2 of 3 Elders present and only 2 of 5 Elder total.

 

As far as meeting of the Elders, I have not been contacted before the meeting or after the meeting about any Elders meeting. I have read our constitution and it does cover this issue and it was not followed.


 

Elder Jim Horton

 

 

 
 

 
 

 

 

 

 

 

 
 
 
 
 

 

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