A car drives past a sign saying, “You are entering the Osage Nation Reservation” in Bartlesville, Okla. Photo by Chalene Toehay/Osage News

By Shannon Shaw
Osage News

Principal Chief John Red Eagle confirmed Tuesday that the Nation will be appealing to the United States Supreme Court before Oct. 22 in it’s lawsuit against the Oklahoma state Tax Commission.

Hanging in the balance are three of the tribe’s Million Dollar Elm casinos located in Skiatook, Ponca City and north Tulsa. The casinos are in jeopardy of being closed because they are not on federal trust land, which is required by the National Indian Gaming Commission. However, two (Tulsa and Skiatook) of the three tribe’s land-into-trust applications have been filed with the U.S. Department of the Interior and the third (Ponca City) will be filed in September.

“I met with Larry Echohawk [DOI assistant secretary for Indian Affairs] yesterday and he is very positive about giving us high priority because of the economic impact it could have if those casinos are shut down,” Red Eagle said.

The tribe found itself in the situation when their nine-year-old case against the Oklahoma state Tax Commission, in which the tribe alleges the state of Oklahoma does not have the right to tax Osage tribal members who work and live on the Osage reservation, didn’t go in their favor. The tribe was denied a rehearing May 25 by the U.S. 10th Circuit Court of Appeals in Denver, forcing the tribe to either live with the decision or file an appeal to the Supreme Court. The tribe was granted an extension to Oct. 22 by Supreme Court Associate Justice Sonia Sotomayor July 14, since the tribe was going through runoff elections and new leadership would be deciding the tribe’s next move. The original deadline was Aug. 23.

The land-into-trust process is a difficult one and could take anywhere from six months to three years.

Change in counsel

Red Eagle has been principal chief for six days and in those six days he has had to make monumental decisions for the nation concerning the reservation status case.

One of the first actions Red Eagle took was to relieve the services of Norman-based attorney Gary Pitchlynn of Pitchlynn & Williams, PLLC, who was the lead counsel of the case under the Gray administration for nearly 10 years. However, under Pitchlynn’s recommendation, Red Eagle has agreed to replace him with Patricia Millet of Washington D.C.-based firm Akin Gump Strauss Hauer & Feld LLP.

“This is positive news . . . [we have found] someone very well known in the Supreme Court area of litigation and she comes very highly recommended,” Red Eagle said. “We are in contact with Millet and she’ll be taking us forward.”

Millet co-heads the firm’s Supreme Court practice and has argued 28 cases before the Supreme Court, according to the firm’s Web site. From August 1996 to September 2007, Millett served as an assistant to the solicitor general in the Office of the Solicitor General at the U.S. Department of Justice, in Washington, D.C. During that time she argued 25 cases before the U.S. Supreme Court and she briefed more than 50 cases.

Red Eagle said the Osage Nation Congress will call a special session next week to appropriate $88,000 to get the case moving forward.

Oklahoma Governor Brad Henry

Oklahoma Governor Brad Henry sent a letter Monday to U.S. Department of Interior Secretary Ken Salazar in support of the Osage’s three casinos currently in jeopardy. Former Principal Chief Jim Gray and Pitchlynn met with Henry Aug. 3.

“It is my understanding that, due to recent rulings by the federal courts, there may be some uncertainty about the legal status of several of the Osage Nation gaming facilities that would be clarified if you were to take these lands into trust for the Osage Nation,” Henry wrote in the letter. “It is my hope that your office can assist the Osage Nation in completing the process of taking those properties into federal trust as promptly as possible in order to avoid any possibility of closure of those facilities.”

Henry, who has reached his term limit as the state’s governor, will soon be replaced by either Rep. Mary Fallin (R) or Lt. Gov. Jari Askins (D) on Nov. 2. When elected, Fallin or Askins will be the state’s first female governor. Askins attended Red Eagle’s Inauguration at the WahZhaZhi Cultural Center in Pawhuska Aug. 4.

“A closure, even if only temporary, would result in the unfortunate loss of many jobs and great hardship on many Oklahoma families,” Henry wrote in the letter to Salazar. “There can be no doubt that the success of our tribal economies has a significant impact on the health of our state economy.”

The tribe alleges that the Osage reservation boundaries were never disestablished and that what most Oklahomans recognize as Osage county is in fact the Osage reservation boundaries.

To view the letter to the DOI from Gov. Brad Henry, click here:

Oklahoma Governor Brad Henry letter to DOI

A car drives past a sign saying, “You are entering the Osage Nation Reservation” in Bartlesville, Okla. Photo by Chalene Toehay/Osage News

By Benny Polacca
Osage News

The United States Supreme Court has extended the deadline from August to October for the Osage Nation to file an appeal in the reservation status case.

The Nation now has until Oct. 22 to file an appeal of its lawsuit against the Oklahoma state Tax Commission in which the question of whether the Osage Nation Reservation exists is at issue. If the case’s ultimate outcome determines the reservation does not exist, then the operations of three Osage Million Dollar Elm casinos (Skiatook, Ponca City and the nation’s largest in north Tulsa) could be in jeopardy. Currently, the three casinos in trouble were not built on trust land.

The nine-year-old case originated in federal court in Tulsa but was appealed to the 10th Circuit Court of Appeals in Denver where the Nation’s request for a case rehearing was denied May 25. The rehearing denial came at a critical juncture in the Nation’s history with the June 7 election occurring less than two weeks later which resulted in four first-time Congresspersons elected to the Second Osage Nation Congress and a July 19 runoff election in which John Red Eagle was elected Principal Chief and Scott BigHorse Assistant Principal Chief.

Now those elected officials of the Nation’s legislative and executive branches are left deciding the next moves in the case before the Oct. 22 deadline, which was extended 60 days from the original Aug. 23 deadline. The initial deadline would have left less than a month for a decision to be reached by the Nation because Red Eagle and BigHorse won’t be sworn into office until Aug. 4.

“I believe it’s a good thing,” Red Eagle said of the deadline extension. “It gives us more time to evaluate the situation.”

The deadline extension was granted by U.S. Supreme Court Associate Justice Sonia Sotomayor who is the high court’s circuit justice for the 10th Circuit which includes Oklahoma, Colorado, Kansas, New Mexico, Utah and Wyoming. Gary Pitchlynn, whose Norman-based law firm is on record representing the Nation in this case, said the extension was granted by Sotomayor July 14.

“The Supreme Court designates separate justices for the (13) circuits” and Sotomayor is assigned to the 10th Circuit, said Pitchlynn, whose firm filed the request in an “application for extension of time to file a petition for writ of certiorari” one day earlier.

In the deadline extension request Pitchlynn described the ongoing change in the Nation’s government administration because of the June 7 and July 19 election outcomes and also “because of the potential ramifications of the decision on the incoming government and its people.”

“Both the (legislative and executive branches) desire and need additional time to consider and take appropriate government actions regarding the filing of (an appeal to the Supreme Court), including (the new administration) considering whether or not to file a petition,” Pitchlynn wrote in the deadline extension request.

“We wanted (the Supreme Court) to know that (outgoing Principal Chief) Jim Gray wasn’t the appropriate person to make the decision” on whether to make the appeal, Pitchlynn said.

Congress passes appropriation bill to fund litigation fees related to the reservation status case

News of the deadline extension request approval hit the Internet shortly after Congressman Raymond Red Corn, now the Congressional Second Speaker, wrote his latest Update electronic newsletter July 18 in which he discussed an appropriation bill passed by the Congress with a 5-4 vote, which would fund further litigation in the reservation status case. Congressman Geoffrey Standing Bear also discussed the vote on the Osage Shareholders Association blog two days earlier when the $207,000 appropriation bill was passed.

The bill (ONCA 10-57), sponsored by Congressman Eddy Red Eagle, was originally introduced with a request for $100.

Red Corn said in his Update the bill “was filed as a placeholder appropriations bill until the Osage Congress could hear arguments for funding past and future expenditures. That discussion was held in the Congressional Government Operations Committee (July 15). By the Executive branch’s own accounting, $189,000 was spent on attorneys during the appeals process, expenditures made with no prior authorization from Congress. The Executive (branch) sought an additional amount in excess of $300,000 for future expenditures. The Government Operations Committee voted 4-0 (Mason, Boone, Red Eagle, Red Corn) to appropriate the $189,000 already spent, plus $88,000 for future expenditures.”

The now-$207,000 bill became a target of debate during the July 16 Special Session of Congress after Standing Bear introduced an amendment to the bill to only spend the money on a selected list of attorneys who could defend the Nation if the case is appealed to the Supreme Court.

The amendment failed on a 4-5 vote. Standing Bear, Mark Simms, Alice Goodfox and Daniel Boone voted yes. John Free, Archie Mason, Speaker Jerri Jean Branstetter, Eddy Red Eagle and Red Corn voted against. William “Kugee” Supernaw, Anthony Shackelford and Shannon Edwards were absent that day.

In his July 16 OSA blog entry after the session, Standing Bear wrote: “I submitted an Amendment this afternoon to use the money only for attorneys on a list of the top attorneys in the country, that list provided the Osage Congress in a July 1, 2010 letter from Congress attorneys, the law firm of Crowe Dunlevy. Much debate followed with one group opposed to the Amendment for several reasons, including one Congressman who said it would restrict the Chief from choosing his own attorneys.”

Red Corn replied in the same blog posting that day: “At issue was the ability of this Congress to control, via the budget, the selection of attorneys by the Executive branch. Language to specify the legal firms on whom appropriated money would be spent (in this case, three) was challenged when presented on a floor amendment to the appropriation bill. As has often been argued, if the Congress can make that call, we can also dictate who the Nation’s plumber, electrician, and HVAC contractor is by inserting similar language in each appropriation bill.”

The final vote on ONCA 10-57 was 5-4 with Boone, Goodfox, Simms, and Standing Bear voting against. An emergency clause attached to the bill failed on a 7-2 vote with Standing Bear and Boone voting “no,” meaning the $207,000 cannot be spent for 60 days, Standing Bear reported in his posting.

Government officials to sit down and discuss next moves in the case

Red Eagle said he is planning to sit down with Gray and the attorneys involved to discuss all options in the case because “I think we’ve got to take safeguards.”

For example, “fee into trust land is a big one,” he said of options to protect the Tulsa, Ponca City and Skiatook casinos which are not on trust land. Government officials have said such a process can take more than a year to complete.

Osage Nation Principal Chief candidate Tim Tall Chief (right) answers a question during the Osage News Political Debates on June 23. Fellow candidate John Red Eagle listens. Photo by Chalene Toehay/Osage News

By Benny Polacca
Osage News

Osage Nation Principal Chief candidates John Red Eagle and Tim Tall Chief returned to the lecterns to answer questions during the Osage News Political Debates held June 23 in Pawhuska.

Both men received the highest number of votes in the June 7 election and will compete in the Nation’s runoff election July 19. The Osage News hosted this second candidate debate for the Principal Chief and Assistant Principal Chief runoff election candidates and asked Red Eagle and Tall Chief eight questions.

Each candidate was allowed three minutes to answer each question and allowed one minute for rebuttal, or follow-ups after both candidates answered the question.

“Since you will have to hit the ground running when you take the oath of office in August, who have you considered for your administration?”

Both candidates did not name those who could be considered for appointed positions in their cabinets. Instead, Red Eagle and Tall Chief described how they would set up their administrations in the Executive Branch, if elected.

“Right now, I would use my assistant chief as the second highest official in charge, whoever that might be, and I plan to have a senior adviser who will advise the chief and possibly the assistant chief,” Red Eagle said. “I will have a legislative analyst who will do a lot of reading and write legislation that the administration wants to do and possibly work with the legislature in their efforts to produce legislation and law.”

Red Eagle said his administration will also have a budget analyst “who will look at the budgets since we do over 100 budgets for the Nation.” He will also have a communications officer and a “government affairs person who will do most of my legwork with other governments, local governments, county governments, state government.”

Tall Chief said he believes “it’s essential that we have the finest, the most highly qualified individuals in all of the roles we have in our administration.” He said his administration would include the positions Red Eagle listed and also “legal counsel and Office of Governmental Affairs. All those things have to be a very important part of what we do. I also believe we need a chief financial officer” who will be helping manage the budgets.

“I really believe that as you look at credentials of people who are going to be in these positions, there are many, many Osage people around the country that are highly qualified… to come and do these different roles that we talked about,” Tall Chief said. “Many of them would love to come back and be a part of this Nation and I think to provide that opportunity to our highly qualified folks out there would be a great move for our Nation to do.”

If elected, Tall Chief said he also plans to establish advisory groups for tribal youth and elders “to help me to help our assistant chief and to help our administration address the needs of our young and our old.”

After Tall Chief finished answering the question, Red Eagle used his follow-up minute to say he will appoint a treasurer for the Nation as allowed by the Constitution, but did not say who that person would be. “Right now that treasurer is the second highest paid individual in the Nation and we have to look seriously at that, consider their duties, what they have to do.”

Red Eagle also said “in the past, Congress has felt that producing boards has had a negative effect at times, we really have to lobby for the boards” because government officials need to consider costs and resources to support boards.

Tall Chief responded in his follow-up minute, stating: “One of the things that’s essential for us to create, ladies and gentlemen, is a team.” He then referred to the assistant principal chief’s position as “as an essential role and part” of the Executive Branch operations.

“What are your plans for the reservation status case?”

Last month, the U.S. 10th Circuit Court of Appeals denied to rehear the Nation’s case against the Oklahoma state Tax Commission, which left the Executive Branch 90 days to make a decision on whether to appeal to the U.S. Supreme Court.

The nine-year-old case was first filed in 2001 in federal court in Tulsa. The case then went to the 10th U.S. Circuit Court of Appeals where it ruled in December 2007 that the Nation could proceed against individual members of the Oklahoma Tax Commission. U.S. District Judge James Payne ruled in February of 2009 that Osage Nation employees are not exempt from paying state income taxes and that Osage County is not the Osage Reservation’s boundaries. The Nation asked him to reconsider his “lousy decision,” as Principal Chief Jim Gray put it at the time, but Payne let the ruling stand. The Nation appealed to the 10th U.S. Circuit Court of Appeals again where there agreed with Payne’s ruling. The Nation asked the 10th Circuit to reconsider their decision in January of this year.

Tall Chief said “at this point, we don’t have any options… we have to keep that case alive… at this point, the only way to do that is to forward it onto the (U.S.) Supreme Court. We need to develop a brief and send it to the Supreme Court. The reason for that is simple: as long as it is alive, the state of Oklahoma has said ‘we will not come in and close your casinos because you all are in the process of trying to make them appropriate.’”

“We’re going to have about 20 days after the inauguration of chief and assistant chief to get that (brief) to the Supreme Court… we’re going to have to act fast.” Tall Chief said it could take eight months for the Supreme Court to decide whether to hear the case, so the Nation should use that time to contact state and Bureau of Indian Affairs officials to get the three casino properties, which are at issue, into trust.

Red Eagle also believes appealing the case is essential to “buy some time,” but noted “It’s my understanding that the percentage of the Supreme Court hearing a case like this is 1 percent.” He believes the Nation needs to communicate with government officials, especially those on the federal level who handle trust land applications as well as the National Indian Gaming Commission to keep the Nation’s casinos operating and to avoid hurting the gaming revenues.

“We are in a situation where we need to make some definite moves, whoever the next chief is going to be, they’re going to have some quick decisions to make,” Red Eagle said.

“With up to nearly 50 percent of our gaming revenue at risk, what is your plan to secure the growth of our tribal resources?”

If the case involving the Nation and the Oklahoma Tax Commission is ultimately lost, the Nation stands to lose gaming revenues generated from the Tulsa, Ponca City and Skiatook casinos if they are forced to close, which prompts the question on what the candidates will do to secure the growth of tribal resources.

Red Eagle referred to the Osage Limited Liability Company which was set up in 2009 to generate non-gaming income for the Nation. “They were given $7.5 million last spring” through an appropriation bill passed by Congress and have made passive investments, he said. “We have to look at that to see if they have the ability to produce some revenue for this Nation.”

If elected, Red Eagle said he will “start an internal audit department to see and assess where we are… see how our money’s being spent, see what’s wasted, what is going out that shouldn’t be going out, what is spent that shouldn’t be spent. We need people that will show us what’s wrong, where it needs to be fixed and that’s what an assessment does.”

Tall Chief said “the answer is diversification, No. 1” in referring to business opportunities which are independent from gaming. He acknowledged the LLC as Red Eagle did in his answer, but noted the Nation will not see instant revenues from the LLC efforts, so the Nation should also “pursue grants very hard.”

“Again, we tend to depend on the money that’s available at hand and we don’t sometimes pursue the grants that are out there that could replace some of the money that we’re using from casinos,” Tall Chief said. In his answer, he also said the Nation should immediately address the trust land issue affecting the three casinos at stake.

“For example, the Ponca (City) casino, that one is on wheels, it’s a double-wide on wheels,” Tall Chief said of the casino’s building structure. “There’s trust land around, there’s trust land we can perhaps purchase, that we could lease. We could pull up that casino and move it to those trust lands and it would not be in jeopardy anymore. Tall Chief said if the worse-case scenario occurs and the Tulsa casino must close, he would like to consider starting a tribal college in that casino’s building which could be an additional source of Nation revenue.

In his one-minute follow-up, Red Eagle said he’s “all for college,” but noted colleges cost money to build and casino revenue has dropped in the past two years from “$50 million-plus to $34 million… If that revenue continues to drop then we’re going to have to do some serious cutbacks, then we have to look at making money in this economy today [and it’s] a little bit harder than it was 25 years ago, so we have to look at this very seriously.”

Tall Chief said in his one-minute follow-up he believes the Nation should buy a bank because “we are generating millions of dollars and those monies are going into someone else’s bank. Believe me, when it hits their bank it doesn’t just sit there, it’s moving, it’s making them money… it needs to be in our bank, it needs to be making the Osage people money.”

“Since you will be handling the program’s budgets for the Nation when you are sworn into office, are you going to advocate to hold the Nation’s spending at 2010 levels?”

Tall Chief said the Nation should prepare two budget plans in case revenue has decreased. The first budget should have all the proposed increases in spending for government operations and cost-of-living salary increases for employees and the second budget should reflect the previous year’s budget if there is no increases in the Nation’s revenue, he said.

Red Eagle said he checked the casino revenue figure in May and believes the Nation is “below budget” for hitting the projected revenue figure of $25 million, so he supports holding government spending at 2010 levels. “From now on, I think we should look at where are we wasting our money? Where we’re spending too much, and then take that money” to build a “rainy day fund” and seek banking advice on investing it.

“If elected, will you be lifting the ‘gag order’? If so, will there be any type of communication protocol with your administration?”

This question refers to the communication protocol implemented last year by Chief Jim Gray which requires Executive Branch employees to get permission to release requested information about the branch’s operations to the Osage Nation Congress. Several tribal members have since started referring to the policy as a “gag order.”

“Yes, I will be lifting the gag order because I believe that the Nation’s revenue is the people’s revenue and an elected official has every right to see the financials,” Red Eagle said, adding he plans to develop a protocol which would be suitable for Osage citizens and tribal employees “because they are a vital part in our Nation, they need to know what’s going on.”

Tall Chief said “the gag order never should have been put in place, it’s one of the most ridiculous things I’ve ever heard - to tell the employees they can’t talk to legislators, to Congressional people” about their government program’s operations and finances. “The finest, most knowledgeable people in our program areas are the people who are doing it.”

“As far as a protocol, again, I think that any congressperson and any citizen has the right to speak to any employee within this Nation as long as it’s not impeding their work responsibilities,” Tall Chief said.

“What would be the advantages and disadvantages of taking over the management of the Pawhuska Clinic? Does the Nation have the administrative capacity to effectively manage the Pawhuska (Indian Health Service) Clinic? Why or why not?

Tall Chief, who is currently the vice chairman of the Nation’s Health and Wellness Advisory Board, said he and other board members recommended the Nation take over the operations of the IHS-run clinic two years ago. A feasibility study on whether the tribe should take over the clinic was recently conducted and its results say the takeover effort “would be very appropriate,” he said.

“The finances are there, the people are there, the expertise is there and we can manage that,” Tall Chief said of the clinic feasibility study. He said the clinic should focus on its third-party billing practices to generate revenue and referred to an example from his Oklahoma State Department of Health post.

“When I was at State Health, we raised our Medicaid (our third-party billing money) from $2 million - in three years, it was to $18 million… We can bill Medicaid for the (clinic) services we are providing if our customers we are serving are eligible - we need to make sure that everybody applies.” Tall Chief believes increased clinic revenue should be used to increase clinic services and the number of staff including doctors and nurses who handle patient care.

Red Eagle said the clinic could serve more Osages by expanding the patient service area if the Nation takes over its operations because only patients living in Osage and Pawnee counties are eligible to receive care at the clinic. Compacting the clinic “would give us the revenue and right now, I believe that revenue is around $5 million to operate that clinic yearly. We would take that and we could manage that revenue in how we wanted to” run the clinic, he said.

“What is the scope of responsibilities of the chief of staff now that there is a tribal operations director?”

Red Eagle said the “current chief of staff advises the principal chief and that is primarily her job. She advises him on tribal matters, on those tribal matters dealing with other tribes… She advises him on legal counsel even though our present chief of staff is not an attorney… I believe that she writes legislation, she reads legislation, she advised the chief on whether to veto a bill or not to veto a bill, whether that bill is good or whether it’s not good, so primarily her job has been those duties over the past year since the new director of operations came on board.”

Red Eagle is referring to current Chief of Staff Hepsi Barnett who also “participates in the finances of the government” and he said he believes “she is given primarily more authority over the assistant chief at the present time.”

Tall Chief said the tribal operations director is a relatively new position, but “I’m not sure it needs to be there.” He said he is not proposing to add more positions, but he “would like to combine some roles into an existing position and add some additional responsibilities to the folks.”

“As far as the chief of staff,” said Tall Chief, “I believe the current chief of staff’s role has gone beyond its appropriate level and I really believe the role of the chief of staff is to be the assistant in every possible way to the chief. I don’t think decisions, at the magnitude that John (Red Eagle) described should be in the hands of the chief of staff. I think the chief of staff is there to manage folks, to oversee some of the operations, but to not make those kind of decisions – those decisions belong to the assistant chief and to the chief.”

“Who would you like to work with as your Assistant Principal Chief and why?”

“You’ve got to be kidding me,” Tall Chief said with a smile after the moderator read the question out loud. “Let me say this ladies and gentlemen, both of the folks that are in the running for assistant principal chief have some wonderful credentials.

“Now you understand I’m probably not going to answer this, but understand I’ve known Scott BigHorse, we’ve been in that arena for many, many years,” Tall Chief said. “I’ve danced to Scott’s songs for many, many years… he has some experience in state government. Amanda Proctor is Harvard-educated, she has a law degree, she’s an attorney, she’s done a lot of work with many, many tribes,” he said.

“I’ve spent some time with both of them, I’ve talked to them, we’ve talked about what-ifs, we’ve talked about how to move forward, how do we continue to work together,” Tall Chief said. “And I believe in my heart that I could work with either one of them and help this Nation move forward and be successful. That’s no answer, but it’s my answer,” he said with the audience reacting with laughs.

“The two individuals who made the runoff after the general election are two very qualified individuals as Tim said,” Red Eagle said. “Amanda is an attorney who would bring a lot of good things to the Nation. Scott would bring his legislative experience and I believe that because of the relationship that I’ve had with them – Scott (in the Indian culture) is actually my nephew, so I could have a little say-so over him, Amanda is probably my niece because she’s made a relationship with my father,” he said jokingly before ending with “I trust the Osage people to make the right decision.”

About 100 people came to the June 23 runoff candidates’ debate at the Wah-Zha-Zhi Cultural Center. The Osage News formed a question committee to brainstorm and develop the questions posed to the candidates who participated in the Political Debates. The debate was emceed by Susan Shannon, host of KGOU’s Indian Times and was moderated by Jim Hill, a volunteer from the League of Women Voters of Greater Tulsa.

Audience members listen to the Principal Chief candidates speak during the Osage News Political Debates on June 23 in Pawhuska. Photo by Chalene Toehay/Osage News

Principal Chief candidate Tim Tall Chief answers a question at the Osage News Political Debates on June 23 in Pawhuska. Photo by Chalene Toehay/Osage News

Principal Chief candidate John Red Eagle answers a question at the Osage News Political Debates on June 23 in Pawhuska. Photo by Chalene Toehay/Osage News

Moderator Jim Hill (green shirt) wishes the Osage Nation Principal Chief candidates John Red Eagle and Tim Tall Chief the best of luck after the candidates answer eight questions at the Osage News Political Debates on June 23 in Pawhuska. Photo by Chalene Toehay/Osage News

Osage Nation Principal Chief candidate John Red Eagle returns to his seat after answering questions at the Osage News Political Debates on June 23 in Pawhuska. Photo by Chalene Toehay/Osage News

Congressional candidate Alice Goodfox (center) waits for the June 7 election results to be announced while standing by her husband Joe Goodfox. Photo by Chalene Toehay/Osage News

By Benny Polacca
Osage News

Election officials certified the 2010 election results Wednesday, meaning there will be a runoff election July 19 for the Osage Nation Executive Branch’s top two offices. Results in the 2010 Minerals Council were also certified with shareholders voting to retain Cynthia Boone and electing seven new council members.

The Nation’s Election Board certified the election results at 3:35 p.m. Wednesday after 21 provisional ballots were counted and the board met with TrueBallot, the company hired to run the election. If any candidate wishes to challenge the June 7 election results, he or she has until 3:35 p.m. Saturday (June 12) to formally request a ballot recount. A $500 fee is required for a recount, according to the election rules.

Current Assistant Principal Chief John Red Eagle was the top vote-getter with 1,101 votes followed by Tim Tall Chief who got 744 votes and both will face a runoff election July 19. Incumbent Principal Chief Jim Gray won 633 votes; Roy St. John, 79 votes; and Carl “Chico Sellers, 55 votes.

In the Assistant Principal Chief race, Scott BigHorse won 628 votes and will compete in the runoff election with Amanda Proctor who won 485 votes. Everett Waller came in third with 468 votes followed by Cecelia Tallchief, 417; Anthony Shackelford, 386; and Jeff Irons, 198. The results were not announced until 1 a.m. on June 8.

Geoffrey Standing Bear won the most votes in the Osage Nation Congress race with 1,494 votes followed by incumbents Raymond Red Corn (1,299) and William “Kugee” Supernaw (1,258) who both won second terms. Alice Goodfox (926); Daniel Boone (892); and John Free Jr. (822) were also elected and will serve their first four-year terms as Congress members.

A total of 2,628 people voted in the June 7 election, according to the election board, which is about 27 percent of the Nation’s 9,849 members who are at least 18 years old and eligible to vote.

The 21 provisional ballots counted by the Election Board did little to change the voting results, but Election Supervisor Lisa Otipoby said those votes could have impacted the second highest vote-getter in the Assistant Principal Chief race. In initial voting results, Amanda Proctor received 480 votes and Everett Waller trailed by 14 with 466 votes.

“It opened up the margin by 17 votes instead of 14,” Otipoby said of the provisional ballot count which gave Proctor five more votes and Waller two additional votes.

Of the 2,628 people who voted on June 7, 1,349 in-person ballots were cast and 1,279 absentee ballots were mailed in.

A minimum of 14 provisional ballots were needed in order for the provisional ballots to be counted, so the 21 provisional ballot votes were added to the initial voting results before they were certified. Two provisional ballots were disqualified because they were not postmarked by June 7 as required, said Otipoby, who also noted there were no spoiled ballots that were disqualified in the election.

Election Board member Shannon Lockett said she was pleased with the June 7 voter turnout because the national voter turnout is lower and averaged between 15 to 20 percent.

Absentee ballot request deadline is June 29 for runoff election

The July 19 runoff election will be similar to this month’s in which the voting poll will be at the Tribal Administration Building on the Government Campus and will be open from 8 a.m. to 8 p.m.

The deadline for absentee ballot requests is June 29 for those who did not request an absentee ballot in the June 7 election. If people requested and voted via absentee ballot in this week’s election, they will automatically get an absentee ballot for the July 19 election, Otipoby said.

Those who voted in-person June 7, but will not be able to return to Pawhuska for the July 19 runoff election will need to request an absentee ballot by June 29, Otipoby said.

“If you’re an Osage Nation member who did not vote June 7, you can vote in the runoff election,” Otipoby said. “I just hope there is as much hoopla as the other day.”

Minerals Council election results also certified June 9

Incumbent Minerals Councilwoman Cynthia Boone was elected to a second term with 312.8 shareholder votes with seven other candidates who will serve their first terms on the OMC.

Winning their initial four-year OMC terms were: Dudley Whitehorn (300.3 votes); Melvin Core (295); Curtis Bear (251.3); Andrew Yates (227); Galen Crum (215); Joseph “Sonny” Abbott (207); and Myron Red Eagle (199).

The results for the OMC election were not announced until 5:30 a.m. on June 8.

A crowd of people stand in front of the Tribal Administration Building to see taped results on the window at the June 7 election. Photo by Chalene Toehay/Osage News

People rush to the window to see the final results of the June 7 election in Pawhuska. Photo by Chalene Toehay/Osage News

Congressman William Supernaw speaks with an Osage voter after the results were announced on June 7. Photo by Chalene Toehay/Osage News

Principal Chief Jim Gray shakes hands with an Osage voter after the results are announced during the June 7 election. Photo by Chalene Toehay/Osage News

Candidates before the United Osages of Southern California meeting. Osage News file photo.

[Editor's Note: This article was modified on May 19 to allow the submission of candidates who did not originally receive the survey in February.]

Osage News

The Osage News asked all Candidates to participate in a 15-question survey and they were given 20 words to answer each question. Here are their answers:

Principal Chief Candidates

Jim Gray
• Age: I am 48 years old but will be 49 next month.
• Osage Name: My Osage name is Wah-Kah-The and I belong to the deer clan and serve on the Pawhuska Committee.
• Residence: I live in Skiatook, OK on the Osage Reservation
• Martial status: My wife is Libbi Gray (Wah-Zha-Zhe Me-Tsa-He). Libbi is a cook on the Pawhuska Committee and former Osage Princess.
• Number of children; are they enrolled Osages? We have a blended family of seven children and each one of them is an enrolled Osage citizen.
• Number of grandchildren; are they enrolled Osages? We don’t have any grandchildren yet.
• Education: I have a Bachelors degree from NSU in Tahlequah, OK
• Experience in tribal/ state/ municipal government: I’ve served eight years as Principal Chief, one term under the council system and one in our new government.
• General/ Professional experience: I was an entrepreneur for many years as part owner of the Native American Times and I owned my own marketing firm.
• Do you support per capita payments? We can do more with our money to serve more Osages in meaningful ways by avoiding per capita payments.
• Do you support the Nation’s reservation status suit? Absolutely! Reservation status allows us to generate larger revenues and allows us to more fully exercise our sovereignty.
• Does the Minerals Estate belong to the shareholders or the Osage Nation? The mineral estate is owned by the Osage Nation for the sole benefit of the shareholders.
• Do you support the Osage Language program? I support all of our Osage programs because they serve our people.
• If elected what is your main focus once taking the oath of office? To uphold the Constitution and serve our people through completion of the initiatives in our strategic plan.
• What’s your favorite movie? The Big Lebowski

Carl “Chico” Lee Sellers
• Age: 56
• Osage Name: My mother’s cousin, Pierce St. John named me Obee-kah-tsa-toah which means Little Buffalo Horn
• Residence: I grew up in Pawhuska, OK and still live here.
• Marital Status: Married to Denise Keahtigh Sellers
• Number of Children; are they enrolled Osages? We share 8 children with three enrolled as Osages, two with Cherokee and 3 enrolled with Kiowa.
• Number of grandchildren; are they enrolled Osage?
• Education: Graduated Pawhuska High School, A.A from Haskell Indian Nations University, B.A. from Central State in Edmond, OK.
• Experience in tribal/state/municipal government: City Parks/Recreation, Osage County Youth Shelter, Federal JOM, State Department of Corrections; served as Dept Head and past President.
• General/Professional experience: Know how to set policy and procedure and organizational structure to the position with excellent negotiation skills.
• Do you support per capita payments? If the money is there without touching the reserve, then yes I support per capita payments (need forensic audit).
• Do you support the Nation’s reservation status suit? At this time, No, since only the lawyers are getting rich.
• Does the Minerals Estate belong to the Shareholders or the Osage Nation? The Minerals Estate belongs to the Shareholders.
• Do you support the Osage Language program? Yes, and was on the board for the Friends of Osage Language and my brother is an Osage language instructor.
• If elected what is your main focus once taking the oath of office? Assisted Living for our Elders, Forensic Audit, Drop the lawsuit against the OFPR, Osage Nation Veteran’s Memorial, Enhanced Health Card
• What is your favorite movie? “Rudy”, because he came from humble beginnings, worked hard and never gave up.

John Red Eagle
• Age: 61 years of age
• Osage Name: Used in traditional ceremonies
• Residence: Pawhuska, OK
• Martial status: Single
• Number of children; are they enrolled Osages? None
• Number of grandchildren; are they enrolled Osages? None
• Education: Pawhuska High School, Oklahoma State University, Community College of Denver, Oklahoma University
• Experience in tribal/ state/ municipal government: 4 years as Asst. Principal Chief
• General/ Professional experience: 35 years experience Nuclear Technology, Radiology Technology and Hospital Administration.
• Do you support per capita payments? Not at this time due to our operating revenue is 25 million and that covers salaries, services and expenses.
• Do you support the Nation’s reservation status suit? Having lost the decision in the 10th Circuit Court of Appeals it is necessary to appeal this decision.
• Does the Minerals Estate belong to the shareholders or the Osage Nation? According to the 1906 Act sections 3&4 all minerals belong to the Osage Tribe with the only beneficiaries being the shareholders.
• Do you support the Osage Language program? Yes, due to the fact that the majority of Osages do not speak the language. Preservation is vital.
• If elected what is your main focus once taking the oath of office? Audit all programs, services and offices and set up an internal audit department.
• What’s your favorite movie? True Grit, Rooster Cogburn and Lonesome Dove

Roy St. John
• Age: 71
• Osage Name: none–I was not raised in an Osage Traditional family, I have studied Mathews, Burns and La-Flesche learning historical Osage Traditions.
• Residence: Osage County Oklahoma, south of Elgin Kansas
• Martial status: Married 50 years
• Number of children; are they enrolled Osages? Three Sons — Yes
• Number of grandchildren; are they enrolled Osage? Six, one Grandson and five Granddaughters — Yes
• Education: Undergraduate electrical engineering. During my career I attended seminars at MIT Sloan School of Management and other professional development programs.
• Experience in tribal/ state/ municipal government: For the last three years I have been a regular attendee at Osage Nation Congress and Mineral Council sessions.
• General/ Professional experience: I have worn many hats, always in performance evaluated positions. Products delivered to customers generally contained incentive bonuses.
• Do you support per capita payments? Yes, Every Osage citizen has different needs. Citizens, not the government must assume responsibility for these choices.
• Do you support the Nation’s reservation status suit? I don’t have a good grasp of the pros and cons of this suit. As Chief I would consult trusted council before making decisions on this matter.
• Does the Minerals Estate belong to the shareholders or the Osage Nation? Headright holders.
• Do you support the Osage Language program? Yes, I attend classes in Pawhuska. I have e-mailed a set of files “Beginning Osage” to people around the world.
• If elected what is your main focus once taking the oath of office? Assure Sound Financial Management practices are in place. Service to citizens, employee satisfaction, efficient government, transparency and accountability.
• What’s your favorite movie? Bambi

Tim Tall Chief, BS, M.Ed.
• Age: 62
• Osage Name: Tse-do-Ga-Mi-dse
• Residence: Jones and Grayhorse, Oklahoma. If elected we will make Osage Co. our primary residence.
• Marital status: Married to Dr. Vicki Tall Chief, Professor at The University of Oklahoma Health Science Center, College of Public Health
• Number of children; are they enrolled Osages? 2 Children, enrolled: Amy, Director, Entertainment for Million Dollar Elms, Russ, Director of Arts/ Exhibitions, American Indian Cultural Center /Museum
• Number of grandchildren; are they enrolled Osages? 1 Granddaughter: Wanbli - not enrolled yet.
• Education: Bachelor of Science Degree and Masters of Education Degree
• Experience in tribal/ state/ municipal government:
Deputy Commissioner & Tribal Liaison, State Department of Health;
Oklahoma State Director/ Indian Education; Board Chair, Oklahoma Indian
Affairs Commission
• General/ Professional experience: Executive level administration in State government. Teaching and administrative duties in Secondary and Higher Education Institutions.
• Do you support per capita payments? When the Nation has the infrastructure to provide all citizens quality services in Health, Education, Housing, Language/Culture and Economic Development.
• Do you support the Nation’s reservation status suit? There is a time for everything and now is not the time.
• Does the Minerals Estate belong to the shareholders or the Osage Nation? Shareholders. They should run the minerals estate as a business with a Board of Directors and Chair of the Board.
• Do you support the Osage Language program? Absolutely. The continuation and perpetuation of our language and culture are essential to our Nation.
• If elected what is your main focus once taking the oath of office?
Create an environment of pride, dignity and cooperation restoring the nation to a
position of leadership and respect.
• What’s your favorite movie? “Something’s Gotta Give” with Jack Nicholson.

Assistant Principal Chief Candidates

Scott N. BigHorse
• Age: 53
• Osage Name: Ki He Kah Dah
• Residence: 1615 Bigheart Av. Pawhuska 74056
• Marital status: Single
• Number of children; are they enrolled Osages? 2 …… Yes
• Number of grandchildren; are they enrolled Osages? 3….. Yes
• Education: 2 yrs College
• Experience in tribal/ state/ municipal government: State Representative, City Planning and Zoning Board
• General/ Professional experience: Adult Corrections, Juvenile Corrections, Abused, Deprived, Neglected Children, and Emergency Crisis Shelter for Children.
• Do you support per capita payments? Not at this time, would not rule it out.
• Do you support the Nation’s reservation status suit? Yes
• Does the Minerals Estate belong to the shareholders or the Osage Nation? The Minerals Estate is personal property belonging to the Shareholders held in Trust by the U. S. for the Osage Tribe of Indians.
• Do you support the Osage Language program? YES
• If elected what is your main focus once taking the oath of office? The next 2 years we have several serious issues that need to be taken care of, also Children, Senior Citizen’s and our Veterans issues.
• What’s your favorite movie? Blind Side

Jeff Irons
• Age: 54
• Osage Name: Tomi-Kho-She
• Residence: Oklahoma City Ok and Fairfax OK
• Marital Status: Married 28 years
• Number of children; are they enrolled Osages? 2 children, Yes both are enrolled
• Number of grandchildren; are they enrolled Osages? None
• Education: 2 years of college
• Experience in tribal/ state/ municipal government: 5 years with Oklahoma State Auditor and Inspectors office, 11 years with Oklahoma Department of Commerce. 7 years Police Officer
• General/ Professional experience: CLEET certified Police Officer, many years working for private companies. Numerous auditing training while with SA&I
• Do you support per capita payments? Not at this time we have more pressing issues.
• Do you support the Nation’s reservation status suit? I am not privileged to enough information to know
• Does the Minerals Estate belong to the shareholders or the Osage Nation? The minerals belong to the Heirs of the original allottees.
• Do you support the Osage Language program? Yes, and would like to see it expanded
• If elected what is your main focus once taking the oath of office? Improving Communication with the people and congress
• What’s your favorite movie? Any John Wayne western

Congressional Candidates

Daniel Boone
• Age: 37
• Osage Name: Pa-Pa-Kah
• Residence: Pawhuska, OK
• Martial status: Single
• Number of children; are they enrolled Osages? None/NA
• Number of grandchildren; are they enrolled Osages? None/NA
• Education: Tulsa Technology certificate
• Experience in tribal/ state/ municipal government: Former tribal employee/ Johnson O’Malley school rep
• General/ Professional experience: Farmer, bale hay, mow grass, landscape terraces
• Do you support per capita payments? Yes
• Do you support the Nation’s reservation status suit? If that suit doesn’t get resolved in our favor that will cost us dearly.
• Does the Minerals Estate belong to the shareholders or the Osage Nation? Shareholders
• Do you support the Osage Language program? Yes; I support all facets of our culture.
• If elected what is your main focus once taking the oath of office? Cultural perpetuation and accountability
• What’s your favorite movie? Caddyshack

David F. Conrad
• Age: 43
• Osage Name: Wa-kon-To-Ki-E
• Residence: Bartlesville, OK and Richland, WA
• Martial status: Married
• Number of children; are they enrolled Osages? Two Boys Enrolled Osage and put into In-Lon-Schka
• Number of grandchildren; are they enrolled Osages? Not yet
• Education: BA, Political Science, MS Environmental Policy and Administration
• Experience in tribal/ state/ municipal government: Grad Student Intern, Dept of Energy—HQ; Policy Analyst, Nez Perce Tribe; Program Director, CERT; Tribal and State Legislative Liaison, City of Seattle; Executive Director, NTEC; Director of Intergovernmental Affairs, Osage Nation.
• General/ Professional experience: Energy, Environmental, Economic Development, Natural Resources, and Cultural Resources Policy
• Do you support per capita payments? No.
• Do you support the Nation’s reservation status suit? Absolutely.
• Does the Minerals Estate belong to the shareholders or the Osage Nation? As a shareholder, the Osage Nation.
• Do you support the Osage Language program? Yes, I wish I could do more.
• If elected what is your main focus once taking the oath of office? Strengthening our legal foundation/institutions, districting, and opening up the legislative process through the use of technology.
• What’s your favorite movie? Blade Runner

James Elsberry
• Age: 63
• Osage Name: Pun-kah-wah-ti-an-kah
• Residence: Pawhuska, OK
• Martial status: Married
• Number of children; are they enrolled Osages? (2) Daughters, Yes
• Number of grandchildren; are they enrolled Osages? (4) Grandsons, Yes
• Education: University of Oklahoma, History – Commissioned ROTC 2nd Lieutenant 1969. Airborne Ranger, Tank Platoon Leader, Cavalry Scout Platoon Leader, Company Commander.
• Experience in tribal/ state/ municipal government: 9 Years – Tribal, Videotaped numerous historical/political/cultural events. TAPED ALMOST EVERY session of The Osage Congress (-1 Day)!!! Best Attendance of everyone.
• General/ Professional experience: 34 Years, Southern California. Purchasing Mgr, Salesman, Sales Mgr, Steel, Aluminum Castings, Electronic components, PC Board Assembly/Test, Laser/inkjet expendables.
• Do you support per capita payments? Not as Usual.
• Do you support the Nation’s reservation status suit? Yes, Very Much. A very important item to address/support. Certainly may affect our Gaming Revenues.
• Does the Minerals Estate belong to the shareholders or the Osage Nation? N/A
• Do you support the Osage Language program? Yes, Very Much. Communicate (means “listen to”) with Program Employees, Students and other relevant views, certainly includes Osage Nation Citizens.
• If elected what is your main focus once taking the oath of office? Economic opportunity for Nation and Members. Obtain income sources for Nation and Tribal Members, to supplement Gaming Revenues. “Communicate” Osage LLC.
• What’s your favorite movie? The Blind Side, Illustrates what a human can accomplish/achieve with personal efforts. Inspiring

John Free Jr.
• Age: 54
• Osage Name: N/A
• Residence: Pawhuska
• Marital status: Married
• Number of children; are they enrolled Osages? 5, yes
• Number of grandchildren; are they enrolled Osages? 3, yes
• Education: OSU Graduate
• Experience in tribal/ state/ municipal government: N/A
• General/ Professional experience: Artist, Builder, Developer, Business Owner
• Do you support per capita payments? Not at this time, we should share our returns through participation in various programs.
• Do you support the Nation’s reservation status suit? In light of our present situation I think we need to pursue our status as a reservation.
• Does the Minerals Estate belong to the shareholders or the Osage Nation? Shareholders
• Do you support the Osage Language program? Yes
• If elected what is your main focus once taking the oath of office? To protect the operations of our casinos and promote an open and honest government.
• What’s your favorite movie? She Wore a Yellow Ribbon

Jake Heflin
• Age: 36
• Osage Name: My Osage name is Tah-Wah Gka-Keh (Town Maker)
• Residence: Long Beach, California
• Martial status: Married. My wife’s name is Janelle. She is an Emergency Room/Trauma Nurse at Long Beach Memorial Medical Center.
• Number of children; are they enrolled Osages? We are planning on having children in the future.
• Number of grandchildren; are they enrolled Osages? No grandchildren
• Education: California State University Long Beach, Saddleback College, Santa Ana College. A teaching credential with a significant background in occupational studies.
• Experience in tribal/ state/ municipal government: Served on various committees at the local, state, and federal level providing leadership and insight with regard to emergency services.
• General/ Professional experience: Served in Fire/EMS for the last 19 years. I’m a source expert in emergency services with supervisory and instructor experience.
• Do you support per capita payments? I support benefits focused on education, health and housing. Funding sources and ongoing citizen input are important for expanding services.
• Do you support the Nation’s reservation status suit? Osage Nation purchased its Reservation which entered into federal trust relationship. Allotment did not destroy the existence of the Reservation.
• Does the Minerals Estate belong to the shareholders or the Osage Nation?
• Mineral rights are part of Osage territoriality, Congressionally designated and administered in federal trust to lineal descendants of original allottees.
• Do you support the Osage Language program? Language is the core of cultural identity. I support developing and expanding language education to all Osages, promoting cultural continuity.
• If elected what is your main focus once taking the oath of office? Expand services to Osages in a sustainable, responsible, ethical, and transparent manner. Develop solutions that are effective and enduring.
• What’s your favorite movie? I would have to go for the obvious choice, Backdraft.

John Jech
• Age: 39
• Osage Name: N/A
• Residence: Pawhuska Oklahoma
• Martial status: In relationship
• Number of children; are they enrolled Osages? One daughter, enrolled
• Number of grandchildren; are they enrolled Osages? N/A
• Education: Bachelors Degree in Business Administration
• Experience in tribal/ state/ municipal government: 15 years with Osage Nation
• General/ Professional experience: 15 years accounting and management experience with the Osage Nation.
• Do you support per capita payments? Not currently but I hope we have the financial stability to do so in the next ten to twenty years.
• Do you support the Nation’s reservation status suit? Yes
• Does the Minerals Estate belong to the shareholders or the Osage Nation? The Shareholders and I will work to protect it.
• Do you support the Osage Language program? Yes I believe it is essential as a Nation to preserve our language.
• If elected what is your main focus once taking the oath of office? Work to expand/diversify our proprietary opportunities, expand health and education services and protect the minerals estate.
• What’s your favorite movie? Braveheart

Margo Gray-Proctor
• Age: 52
• Osage Name: Pa-Hua-Tse
• Residence: Tulsa, Oklahoma
• Martial status: Married
• Number of children; are they enrolled Osages? 2/yes
• Number of grandchildren; are they enrolled Osages? 7 yes
• Education: NSU/Dartmouth
• Experience in tribal/ state/ municipal government: yes
• General/ Professional experience: Business Owner
• Do you support per capita payments? No
• Do you support the Nation’s reservation status suit? Yes
• Does the Minerals Estate belong to the shareholders or the Osage Nation? Yes
• Do you support the Osage Language program? YES
• If elected what is your main focus once taking the oath of office? Economic diversification
• What’s your favorite movie? Erin Brockovich

Joseph Shunkamolah
• Age: 60
• Osage Name: Tha-wah-gah-keh (don’t know Osage alphabet)
• Residence: Lawton, Oklahoma
• Marital status: Married
• Number of children; are they enrolled Osages? 5 sons, yes.
• Number of grandchildren; are they enrolled Osages? 1 grandson, no.
• Education: Bachelor’s degree; Master’s in History; Master’s in School Administration.
• Experience in tribal/ state/ municipal government: Education liaison to state of NM for Pueblo of Laguna, NM. Elected to school board of Grants (NM) board of education.
• General/ Professional experience: Classroom teacher H.S., Jr. Hi., College; School Principal in high schools and elementary schools.
• Do you support per capita payments? yes
• Do you support the Nation’s reservation status suit? Yes in principle, but realistically believe it to be a quixotic venture.
• Does the Minerals Estate belong to the shareholders or the Osage Nation? Shareholders as prescribed as prescribed by elders and 1906 congressional act.
• Do you support the Osage Language program? Yes, but with some refinement.
• If elected what is your main focus once taking the oath of office? There is more than one main focus, all aspects of the present form of government needs attention.
• What’s your favorite movie? The Big Lebowski (modern) Casablanca (classic)

Geoffrey M. StandingBear
• Age: 56
• Osage Name: Shinga Kihekah (The Child Chief)
• Residence: 29387 U.S. Highway 60, Pawhuska, OK
• Martial status: Married 32 years to Julie (Brave) StandingBear
• Number of children; are they enrolled Osages? Four. Yes
• Number of grandchildren; are they enrolled Osages? Seven. I do not know if all of them are.
• Education: B.A. 1976 University of Oklahoma. Juris Doctor 1980 University of Tulsa.
• Experience in tribal/ state/ municipal government: Three decades as an attorney for many tribes, including Sac & Fox, Muscogee (Creek), Navajo. Osage Assistant Chief 1990-94.General/ Professional experience: Attorney 30 years. Listed Best Lawyer’s in America. Past President of Osage County Bar Association. Committeeman, Pawhuska Iloshka 35 years.
• Do you support per capita payments? Under right conditions after financial health of the Osage Nation is restored and there is a federally approved plan.
• Do you support the Nation’s reservation status suit? No. The tribes did the same argument in the 1980’s. Also, the U.S. Senate would take harmful action.
• Does the Minerals Estate belong to the shareholders or the Osage Nation? It belongs to the Osage people (the Tribe) as defined in the 1906 Act which were all headright owners.
• Do you support the Osage Language program? Yes. It needs to be expanded into the local school system and have internet classes.
• If elected what is your main focus once taking the oath of office? Amendments to Osage Constitution. Strong anti-corruption laws. Protecting the Mineral Estate. Education. Culture. Language. Child Care. Increase land base.
• What’s your favorite movie? Dances With Wolves.

Anthony Webb
• Age: 51
• Osage Name: Tse-Doga-Tonga, Buffalo Big Bull
• Residence: Fairfax, OK
• Marital status: Married.
• Number of children; are they enrolled Osages? 4
• Number of grandchildren; are they enrolled Osages? 1
• Education: B.S. in Mechanical Engineering Technology
• Experience in tribal/ state/ municipal government: Limited to the receiving end.
• General/ Professional experience: Design Engineer in manufacturing industry and currently employed in gas processing plant operations.
• Do you support per capita payments? Not when it pulls funds from programs that are serving the people.
• Do you support the Nation’s reservation status suit? Yes. While there is still a chance for a positive outcome we must move forward.
• Does the Minerals Estate belong to the shareholders or the Osage Nation? Shareholders.
• Do you support the Osage Language program? Enthusiastically.
• If elected what is your main focus once taking the oath of office? Senior citizen housing, strengthen and diversifying our economy and improving channels of communication will be top priorities.
• What’s your favorite movie? Avatar.

Vance Wyrick
• Age: 61
• Osage Name: I do not have an Osage name.
• Residence: Leesburg, Florida
• Martial status: Married
• Number of children; are they enrolled Osages? 2 Yes they are enrolled
• Number of grandchildren; are they enrolled Osages? 1 Yes she is enrolled
• Education: Will Rogers High School, Oklahoma Military Academy, AS Business, three years at OSU, Major: Business, Tulsa Technical Collage, Electronics Certificate
• Experience in tribal/ state/ municipal government: No but I will make use of all my leadership and business experience.
• General/ Professional experience: 20+ years at Century Geophysical Corporation: Retiring as Manufacturing & Support Supervisor. I own S&V Investments a land development company.
• Do you support per capita payments? Yes, but only after all the health, cultural heritage, education, and economic development projects are fully funded.
• Do you support the Nation’s reservation status suit? Yes, we cannot have the current decision stand as is. We must have the suit overturned in our favor.
• Does the Minerals Estate belong to the shareholders or the Osage Nation? The mineral estate belongs to the shareholders as it always has and as it should remain.
• Do you support the Osage Language program? Yes, it must be fully funded.
• If elected what is your main focus once taking the oath of office? I would support efforts to bring better working partnership between all branches of government also focus on elderly health care.
• What’s your favorite movie? Period of Adjustment a 1962 movie from a play by Tennessee Williams.

Osage Minerals Council Candidates

Joseph B. “Sonny” Abbott
• Age: 70
• Osage Name: –
• Residence: HC 66 Box 70
• Martial status: Married
• Number of children; are they enrolled Osages? 1, No
• Number of grandchildren; are they enrolled Osages? 2, No
• Education: 2 years college
• Experience in tribal/ state/ municipal government: None
• General/ Professional experience: None
• Do you support per capita payments? Yes
• Do you support the Nation’s reservation status suit? –
• Does the Minerals Estate belong to the shareholders or the Osage Nation? Shareholders only
• Do you support the Osage Language program? Yes, very much so.
• If elected what is your main focus once taking the oath of office? Honesty to the shareholders
• What’s your favorite movie? Dances with Wolves

Rauk Friend
• Age: 59
• Osage Name: Tsi-Zho Ki-He-Kah
• Residence: Oklahoma City
• Marital status: Married
• Number of children; are they enrolled Osages? 3, yes
• Number of grandchildren; are they enrolled Osages? 3, yes
• Education: BA, Oklahoma Baptist University
• Experience in tribal/ state/ municipal government: None. I am not a politician.
• General/ Professional experience: Vietnam veteran, Board of Directors Osage County Historical Museum. Employee Oklahoma Gas & Electric for 28 years.
• Do you support per capita payments? Not at this time.
• Do you support the Nation’s reservation status suit? It should never have been started, but now that it is we have no choice but to continue.
• Does the Minerals Estate belong to the shareholders or the Osage Nation? Osage Shareholders
• Do you support the Osage Language program? Yes & attended classes in Edmond for 3 years.
• If elected what is your main focus once taking the oath of office? Protect and preserve the Minerals Trust. Facilitate increased production and accurate measurements.
• What’s your favorite movie? Lord of the Rings

James M. Revard
• Age: 52
• Osage Name: Tah-wah-hee
• Residence: Tulsa
• Martial status: Single
• Number of children; are they enrolled Osages? (4) four and (3) three or Osage
• Number of grandchildren; are they enrolled Osages? (3) Three none of which are Osage.
• Education: Bishop Kelley High School and some College
• Experience in tribal/ state/ municipal government: (2) two years as the Executive Director of the Oklahoma Marginal Well Commission, (4) Four years working at the MDE casinos.
• General/ Professional experience: (30) thirty years experience in the Oil Industry in the field, family owned Oil Company and as a Product Manager for equipment manufactures.
• Do you support per capita payments? Yes, from all income other then income from the Mineral Estate.
• Do you support the Nation’s reservation status suit? No not in order to allow a small amount of Osages to avoid paying State taxes, I believe you have to pick your battles and spend the Nation’s money wisely. As citizens of Oklahoma and the USA we ALL benefit from the security, roads, education etc that the USA and Oklahoma provide to their citizens.
• Does the Minerals Estate belong to the shareholders or the Osage Nation? The Shareholders per the 1906 Act. The Shareholders and their descendants were the Nation.
• Do you support the Osage Language program? Yes.
• If elected what is your main focus once taking the oath of office? To protect the Mineral Estate and the rights of the Shareholders while attempting to find ways to increase oil & gas production in the Osage.
• What’s your favorite movie? Dances with Wolf’s.

Gregory Woodell
• Age: 64
• Osage Name:
• Residence: 8400 Delongpre Ave. #207
West Hollywood, CA 90069
• Martial status: Divorced
• Number of children; are they enrolled Osages? William Bruce, 39 & Jennifer Anne, 38. Yes, they are enrolled
• Number of grandchildren; are they enrolled Osages? 11 grandchildren and we are working on getting them enrolled
• Education: Bachelors Degree in Sociology
• Experience in tribal/ state/ municipal government: Have worked at all levels of government for over 40 years
• General/ Professional experience: Last thirty years have been in construction, starting with Hospitals and moving to other public facilities as my career grew. Numerous awards
• Do you support per capita payments? No
• Do you support the Nation’s reservation status suit? Yes
• Does the Minerals Estate belong to the shareholders or the Osage Nation? To the Shareholders
• Do you support the Osage Language program? With all my heart
• If elected what is your main focus once taking the oath of office? Protect the Minerals Estate for Shareholders and work with BIA and Federal agencies for better relationships Osage Nation.
• What’s your favorite movie? Fried Green Tomatoes and Steel Magnolias.

Principal Chief Candidate John Red Eagle answers a question during the Osage News Political Debates on May 8. Photo by Chalene Toehay/Osage News

By Shannon Shaw
Osage News

Five candidates for Principal Chief debated in the inaugural Osage News Political Debates Saturday at the Wah Zha Zhi Cultural Center in Pawhuska.

Candidates for Principal Chief, Jim Gray, John Red Eagle, Carl “Chico” Sellers, Roy St. John and Tim Tall Chief were asked three questions and were given three minutes to answer with one minute for rebuttal.

The two groups of candidates were asked questions formed by a seven person question committee made up of Osage News staff and four Osage tribal members; Jason Bussey, Bruce Cass, Marie Rumsey and Jennifer Tiger.

The purchasing of original reservation lands

The first question posed to the Principal Chief candidates was: Do you feel it’s important for the Nation to buy back Osage original reservation lands? If so, what is your strategy in doing this?

All candidates agreed this was something if elected they would make priority. Carl “Chico” Sellers said not only did he want to buy the land back but also wanted to take advantage of tourism on those lands. Tim Tall Chief said he would have a land acquisition team made up of experts that would focus on seeking available land the Nation could acquire. John Red Eagle said there was a congressional bill in the Osage Congress to form a land management office and he would be supporting it.

Roy St. John said he didn’t support buying back the land without a plan on how to use it. He wanted to make sure economic studies were done to make sure the tribe got a return on the investment and to be careful that the tribe didn’t buy land that had escalated prices against the tribe. Jim Gray agreed that the land conversations should be kept low so that non-Osage landowners wouldn’t raise the prices on the land and that the Osages should follow the Indian Land Consolidation Act and put all land purchased into restricted status.

The candidates were given a one-minute rebuttal. Sellers, Tall Chief and Red Eagle passed on the rebuttal but St. John said Gray’s plan to put land purchased into restricted status could be a bad business move.

“When you put land into trust you limit the economic capability of that land,” St. John said. “You can’t get loans on the land . . . putting it into trust may not be the best plan.”

Gray said not all situations would cause for the land to be put into trust and that his office would study the pros and cons of the lands purchased.

Executive Branch policies

The candidates’ second question was: If elected, how will you set your cabinet or staff to implement and improve Executive Branch policies?

Sellers said he would do everything to improve communication and policies. Tim Tall Chief followed that communication and a happy work environment is key and that no matter what nationality it was essential to have the best working for the Osage Nation.

“We need to have people that are cooperative, helpful and happy,” Tall Chief said. “We have some outstanding Osage people that would love to come here and be a part of these administrations we have right now.”

Red Eagle said if he is elected he will reorganize the Executive Branch to be like the United States President’s cabinet and that it will take some time to implement. He will also upgrade communications between the branches and look into making the Osage Minerals Council more independent within the tribe.

St. John said he will work hand-in-hand with the assistant chief and delegate a lot of the responsibilities to the directors of the Nation’s programs. He said he supports a merit-based employment system and if elected he would form a central purchasing department where major purchases of the Nation would be made by that department and not the chief.

Gray said he would implement rules and regulations to ensure accountability and that a merit-based employment system was mandated by the Constitution. He would also make the argument for a restructuring of how the programs are managed by implementing division leaders to report to the Director of Operations. Currently more than 40 directors report to one director of operations, John Williams, who is also a candidate for Osage Congress.

The candidates were given a one-minute rebuttal. Sellers passed while Tall Chief chose to expand on the relationship he would have with his assistant chief and that they “would be of one mind.”

Red Eagle promised that his administration would keep their “hands off” when it came to possible influence over the Nation’s boards and commissions but his office would require monthly or quarterly reports.

St. John said he was not for expanding the government due to the bad economy. “Bureaucracy creates a lot of overhead and I don’t see how this will pay off in the short run,” he said.

Gray eluded to poor news reporting for the reason why some Osages think relations are poor between the branches of government. “Whether it’s relationships between the chief and assistant chief, if congress is working together, it never makes news. We have been defined by when something’s not working right.”

Economic diversification

The candidates’ third question was: How do you plan to diversify the Nation’s income beyond gaming should the Nation’s casinos suffer an economic setback? For example, will you look to leverage money with the Nation’s Osage Limited Liability Company?

“If we suffer a setback in our casino revenue, should that happen, the LLC, which has just been created, has some investments they’ve made,” Red Eagle said. “It would take about a year to see how their investments were going to do.”

Red Eagle said there is a time factor in determining how the casinos will fare. In the meantime his office would look into tobacco, grants, tribal revenue and the tribe would get serious about development.

Sellers said he was not opposed to leveraging money to the LLC but his administration would also look into other areas of economic development such as hotels, grocery stores and other resources.

Gray said the LLC is still in its infancy and that one of the challenges for the LLC is capital investment. He said before the LLC was created the Nation was inundated with business proposals and it was impossible to keep up with them all.

“The Osage Nation’s created laws to keep our investments safe…and so investors, when they look at the Osage Nation, they don’t see a banana republic, they see a Nation where their investments are safe.”

St. John said the LLC has the ability to bring businesses, tax free, to the Nation. He also wanted to see tourism in the area marketed better including more wares from Osage craftsman in the Nation’s gift shop.

“I know if we lose our casinos we’re going to be short on money and working with the LLC is an important step forward,” he said.

Tall Chief stressed that before any economic diversification is focused on the Nation needs to secure its casinos. He said the Nation needs to look to grants and maximizing the return from the Nation’s businesses they already have. He also stressed that the Nation needs a bank.

“If we had our own financial institution that money could go back into recycling back into our institution,” Tall Chief said. “We have a number of things that need to be built, housing for elder care, healthcare facilities . . . [jobs would be available] if we had our own construction company.”

Click here to view the video of the inaugural Osage News Political Debates:

http://www.osagetribe.com/electioncandidates/welcome_sub_page.aspx?subpage_id=8

Programs for the Osage News Political Debates are sprawled on a table for the attendees to follow along with the event. Photo by Chalene Toehay/Osage News

Principal Chief Candidate John Red Eagle signs in for the Osage News Political Debates on May 8. Photo by Chalene Toehay/Osage News

Principal Chief Candidates in the Nation's 2010 Election take their spots at the Osage News Political Debates on May 8. Photo by Chalene Toehay/Osage News

Attendees of the Osage News Political Debates on May 8 listen to the candidates. Photo by Chalene Toehay/Osage News

Principal Chief Candidate Roy St. John answers a question during the Osage News Political Debates on May 8. Photo by Chalene Toehay/Osage News

Bryan Pollard, Moderator of the Osage News Political Debates on May 8, listens while one of the candidates answers a question. Photo by Chalene Toehay/Osage News

Bryan Pollard, Moderator for the Osage News Political Debates on May 8, listens to a candidate speak while an assistant from the League of Women Voters in Tulsa keeps time. Photo by Chalene Toehay/Osage News

Attendees at the May 8 Osage News Political Debates applaud after the Principal Chief Candidates round ends. Photo by Chalene Toehay/Osage News

Osage Nation Principal Chief Jim Gray and his wife Olivia visit with attendees at the Osage News Political Debates on May 8. Photo by Chalene Toehay/Osage News

Principal Chief Candidate Tim Tall Chief visits with attendees at the Osage News Political Debates on May 8. Photo by Chalene Toehay/Osage News

(L to R) John Maker, Talee Red Corn and Everett Waller check in with Bill Meyers at the United Osages of Southern California meeting on April 24 in Oceanside. All three are candidates in the June elections for the Nation's government or Minerals Council and addressed the meeting that day. Photo by Benny Polacca/Osage News

By Benny Polacca
Osage News

OCEANSIDE, Calif. – With nearly a month to go before Osages head to the voting booths or mail in their absentee ballots, 34 election candidates extended their campaign trails out west to visit the United Osages of Southern California during the organization’s spring gathering to ask for their votes on June 7.

More than 100 people, including candidates, tribal members, and their families, came to the South Oceanside Elementary School for the UOSC’s April 24 meeting where the candidates spoke and met face-to-face with tribal members living in the country’s most populous state or in nearby states.

The 34 candidates are seeking election or re-election to the Osage Nation Congress, offices of principal chief, assistant principal chief, or the Osage Minerals Council. The Osage News attended the UOSC meeting and is presenting in this article a sampling of campaigning shared by those candidates running for office in the legislative and executive branches.

UOSC Chairman Bill Myers allowed each candidate a maximum of five minutes to address the crowd and to use any unused time to take and answer questions from the audience.

First-time candidates and those making another run at office expressed how they felt about the Nation’s current state of affairs and their reasons for seeking election. Several of them touted their professional experience as an asset for holding public office and shared ideas they want to pursue if elected.

Congressional candidate Randolph Crawford, who attended UOSC meetings while stationed in the Navy in nearby San Diego during the early 1980s, said he’s worked in both the state and tribal governments and “one thing we need to look at is the future. If we’re not moving and growing, we’re done.”

“We need to increase our revenues for the casinos… we need to increase our tourism to those casinos. We need to stop taking money from our people – our area – into our casinos. We need to entice people from outside the area to come up to our casino to play, stay, gamble,” Crawford said. “Someone needs to start moving forward with buying back our land… Our biggest land owner in Osage County is the Mormon Church. We need to start buying our land, start taking a stand… especially along the riverfronts, along the lakes and start producing our own resort area,” he said adding he believes it will be a great investment for the Nation.

Congressional candidate John Jech has worked under the tribe’s two prior governments before the new government started in 2006 when he was appointed the Nation’s treasurer. “I’ve worked with a diversified group of individuals in my 15 years of service to the Nation, so I’m very familiar with the things that go on at the Osage Nation.”

“We have to diversify (to create another revenue source for the Nation), we can’t rely on gaming or we’re not going to be able to accomplish any of this,” Jech said of maintaining services to the Nation if the 10th Circuit federal court case involving the Nation’s reservation status is ultimately lost and the three Osage Million Dollar Elm casinos not currently on trust land are forced to close. Jech, a shareholder, said he would also work with the other government entities to protect the Minerals Estate if elected.

Daniel Boone is making a second run for Congress and said he has concerns about the current state of the government. “Over the past few years, it seems like we’ve gone in reverse when we’ve got what it takes to open up and properly run a casino, we’ve got a gag order on people back home who are still in fear of losing their jobs if they say the wrong thing and associate with the wrong people,” Boone said of the protocol and procedure for communication between the Congress and Executive Branch employees.

“The earth turns in one direction and that’s the forward direction, we never go backwards,” said Boone who added he believes the Minerals Estate should be separated from the Nation’s Constitution.

Principal Chief Jim Gray implemented the communication protocol last year which requires Executive Branch employees to get permission to release requested information about the branch’s operations to the Osage Nation Congress. Several tribal members have since started referring to the policy as a “gag order.”

Carl “Chico” Sellers is running for principal chief and said if elected, he plans to drop the ongoing lawsuit between the Executive Branch and the Office of Fiscal Performance Review. “I’d like to go forward with a forensic audit from an outside accounting firm and let them do what they do best and any wrongdoings will be subject to law officials and prosecute as needed.”

On the communication protocol, Sellers said: “I will lift the gag order, when elected chief. I work in a (high-medium) correctional facility. The only thing different from a high-medium and the maximum (security) is we don’t have the death row. So your left hand has to know where the right hand is. At the prison, if we don’t talk and communicate, somebody’s going to get hurt… That’s what’s wrong with our own hill: you have to communicate.”

Tim Tall Chief is also seeking the principal chief’s office in his first tribal election run and said he is interested in pursuing and expanding elder care and health care opportunities for the Nation and opening regional tribal offices to serve Osages around the country. “I’d like to see regional offices here in California manned by Osage people, serving as a liaison to the people back home… If there are issues that come up that you all need addressed, go to that liaison person.”

Tall Chief, who retired earlier this year as deputy commissioner of administration for the Oklahoma State Department of Health Department, said he is also concerned about the relationship between the Nation’s government branches. “If I’m successful, if you all choose to put me in as principal chief and if there are issues, I will get up from behind the desk, walk across the yard and sit down with the folks in Congress, in the Minerals (Council) – wherever it may be – and talk about these things,” he said listing pending legislative bills as an example.

Joseph Shunkamolah, who has taught at the high school and college levels, is running for Congress. He’s taught American history and social studies and said the Nation’s Constitution needs to be looked at, including petitioning and referendums.

“There’s a lot of things in there that people say: ‘well these are the things that are drawn from the Constitution of the United States.’ Well the Constitution of the United States works a lot differently than our Constitution… So we need to take a look at that and say ‘are these things going to actually work?’” he said. “I’m not going to be making any promises other than the fact that I’ll try to work as hard as I can as a Congress person – somebody working with whoever the chief might be,” Shunkamolah said.

Raymond Red Corn, who is seeking a second Congressional term, listed the legislative bills he sponsored or co-sponsored during his first term (including The Whistleblower Act, the Nation’s Election Code and the Open Records Act) and said “there is much, much left to do.” For example, Red Corn said the Nation still needs an Attorney General even though a majority of Congress voted down legislation calling for an Attorney General during this year’s Hun-Kah Session.

“We have several lawsuits right now between the Congress and the Executive Branch that I believe are unnecessary, some of them could have been avoided by the presence of the Attorney General Act,” he said adding the Nation’s Ethics Law also needs to be amended to eliminate the appearance of special treatment when it comes to complaints against Congress members. Currently, complaints against Congress members are addressed only by Congress, itself, while complaints against other tribal officials are filed with the Prosecutor’s Office.

Gray, who is seeking his third term as principal chief, acknowledged the several tensions and in-fights between his office and the First Congress which have occurred over the last four years as the new government started. “Now I understand there’s a lot of passion and I understand there’s a lot of drive to make this a better society for us, a better government… Does this Constitution get us there? Probably not… I think what we’re trying to say is we’re trying to take this document and make it that way and that’s how we have to work together as a people.”

“I think the most important thing I want to convey to you as I ask for your vote for another term as chief… is that we have to find a common ground to build the bridges. I’m not afraid of change, I’m not afraid of adaptation – as a matter of fact, it’s a part of who we are as a people,” Gray told the attendees. “And if we have to amend this constitution to make it better, then let’s do it, but let’s do it together.”

California resident Jake Heflin, who is a firefighter/ paramedic for the city of Long Beach, is running for Congress and has been coming to UOSC meetings since childhood said his “outside perspective” makes him a strong candidate because “a great perspective is fresh, a great perspective that I see how things can be done.” As a California resident, Heflin said he’s seen the state’s tribes exercise their sovereignty and grow their business opportunities to become “self-sufficient.”

“There’s many tribes out there that are doing a great job, that have been very successful and we need to go into partnership with those tribes… go out and research, do the due diligence,” he said of making future decisions for the Nation. Heflin added the Nation should also pursue more health and elder care opportunities and listed more senior housing, assisted living facilities and dialysis care as examples.

Congressional candidate Anthony Webb said he wants voters “to look at us candidates, look at our qualifications and see, Are we problem solvers? Do we have critical thinking skills? Do we rely upon personalities to make our judgments?”

“And that’s where I’m coming from. That’s what I want to do for you,” said Webb who has an engineering background. “I want to do the research, I want to do the data, I want to think about these things and I want to make the best judgment for the majority of the Osages,” he said

Roy St. John, who is running for principal chief, said his platform is “an open door policy” to keep communication lines open and to be respectful to everyone. “As your chief, I want to hear what you have to say and I will promise to answer, get back to everyone who contacts me.”

“The Nation’s employees are a valuable asset, I believe we have an obligation to provide them with enhanced training and skills,” St. John said.

Assistant Principal Chief candidate Everett Waller urged the government officials to work together. “If we’re going to talk, let’s all talk together, if we’re going to eat, let’s all eat together, if we fight, let’s all fight together, but whatever it is, let’s do it together.”

Waller’s past government experience includes serving on the 30th Tribal Council and National Council. “I’ll tell you right now, if you put me in that office, I guarantee I have that proven record of passing those audits. For six years, I got 11 of them.”

Congressional candidate Danette Daniels said “the reason I’m running is because I want to help move this great Nation forward. My job as your congresswoman is to write good law and to appropriate funding.”

Daniels teaches in the Nation’s Language Program and told the crowd she drives weekly to teach the program’s classes in Edmond but pays for the travel out of her own pocket because the program’s fiscal year 2010 travel budget does not have money to cover her trips. “I hope you vote for a Congress who supports online classes of both language and culture and who supports and funds the program that many people talk about, how important culture is, how important language is.”

John Maker, also a language instructor for the Nation running for Congress, said “I will represent all Osages” regardless of where tribal members live. “I think it’s very important because I think a lot of times some of our people feel like they’re forgotten about and I would like to change that.”

“What I’d like to find out while I’m out here is what are some of the needs of the California voters out here,” Maker said, encouraging the crowd to contact him and said he “will do everything I can to help you.”

After the meeting many of the candidates headed north to Oakland where they would also meet with the Northern California Osages and ask for their votes on April 25.

The Oceanside meeting also featured a raffle drawing for prizes donated by UOSC members and candidates, which is the UOSC’s primary fundraiser, Myers said. Items including Native American artwork, plants and bottles of wine were given away to those with winning ticket numbers.

Kathleen Pickett, a Sun City, Calif. resident, said the candidate’s meeting had one of the strongest turnouts she’s seen and she plans on sending an absentee ballot to vote.

Patia Pearson, who splits her time between California and Oklahoma City, describes the candidate interactions as “interesting and exciting. It’s good to hear from the people on what their platforms are.”

When asked what her June 7 plans are, Pearson said she plans on being in Pawhuska to vote in person. “I’ll be there, I have a room reservation.”

For more information on the candidates, their campaigns and upcoming election-related events, go online to osagenews.org

2010 legislative and executive branch candidates at the April 24 UOSC meeting

Principal chief candidates: Jim Gray, John Red Eagle, Carl “Chico” Sellers, Roy St. John and Tim Tall Chief.

Assistant principal chief candidates: Scott BigHorse, Jeff Irons, Cecelia Tallchief and Everett Waller.

Congressional Candidates: Daniel Boone, Randolph Crawford, Danette Daniels, Jake Heflin, John Jech, John Maker, Raymond Red Corn, Joseph Shunkamolah, Geoffrey Standing Bear, William “Kugee” Supernaw and Anthony Webb.

An attendee of the United Osages of Southern California meeting browses campaign materials laid on tables on April 24. Thirty-four candidates running for office in the June election attended the meeting. Photo by Benny Polacca/Osage News

Campaign literature for Osage Nation Congressional Candidate Jenny Miller sits on a table with other June election candidates campaign materials at the United Osages of Southern California meeting on April 24 in Oceanside. Photo by Benny Polacca/Osage News

A list of candidates running for office in the Nation's government and Minerals Council at the United Osages of Southern California meeting on April 24 in Oceanside. A total of 34 candidates showed up to address the crowd. Photo by Benny Polacca/Osage News

Assistant Principal Chief Candidate Jeff Irons listens to the candidates speak during the United Osages of Southern California meeting on April 24 in Oceanside. Photo by Benny Polacca/Osage News

(L to R) Kathleen Pickett and her daughter Kathy Thrower look at Congressional Candidate Jenny Miller's flyswatter campaign handout at the United Osages of Southern California meeting on April 24 in Oceanside. Miller did not attend the meeting but sent the flyswatters for distribution. Photo by Benny Polacca/Osage News

Candidates, tribal members, and their families listen during the United Osages of Southern California meeting on April 24 in Oceanside. Photo Benny Polacca/Osage News

Congressman Raymond Red Corn, who is seeking a second term, holds up his raffle tickets after winning a door prize at the United Osages of Southern California meeting on April 24 in Oceanside. Principal Chief Jim Gray, who is seeking a third term, looks on. Photo by Benny Polacca/Osage News

Osage Nation Congress Candidate Randolph Crawford addresses the United Osages of Southern California on April 24 in Oceanside. Photo by Benny Polacca/Osage News

Osage Minerals Candidate Charles Pratt and Principal Chief Candidate John Red Eagle listen to the candidates speak at the United Osages of Southern California meeting on April 24. Photo by Benny Polacca/Osage News

Jeff Irons, who is an Assistant Principal Chief Candidate, addresses the United Osages of Southern California on April 24 in Oceanside. Photo by Benny Polacca/Osage News

Osage Nation Congress Candidate John Maker walks back to his seat after addressing the United Osages of Southern California during its April 24 meeting in Oceanside. Photo by Benny Polacca/Osage News

Minerals Council Candidate Myron Red Eagle listens to the candidates during the United Osages of Southern California Meeting on April 24 in Oceanside. Photo by Benny Polacca/Osage News

The main page for osageshareholders.org. Photo by Chalene Toehay/Osage News

[Editor's Note: This story was updated on April 29.]

By Shannon Shaw
Osage News

Family members of Osage Nation Principal Chief Jim Gray are outraged that a poster on osageshareholders.org identified as “sara b.” wished him dead.

The “joke” in question was posted at 8:20 p.m. on April 23 and was titled, “humor in a dark time” and was posted in all capital letters except for Chief Gray’s name.

“DEAR LORD, THIS YEAR YOU TOOK MY FAVORITE ACTOR, PATRICK SWAYZIE [sic]. YOU TOOK MY FAVORITE ACTRESS, FARAH [sic] FAWCETT. YOU TOOK MY FAVORITE SINGER, MICHAEL JACKSON. I JUST WANTED TO LET YOU KNOW, MY FAVORITE Chief is Jim Gray. AMEN.”

Six posts following the “joke” chastised “sara b.” for posting and one post agreed with her. Chief Gray’s wife, Olivia “Libbi” Gray, posted on April 26 and said that her daughter was told about the post and that she had to calm her down because she was crying.

“You should be ashamed of yourself,” Olivia Gray posted. “There is no humor here and it was completely irresponsible of you to post such ugliness. You don’t have to like Chief Gray. You don’t have to agree with him. You don’t even have to vote for him but for goodness sake have a little bit of thought before you spout such venom out for everyone to see.”

An anonymous poster said “sara b.” was Sara Bigheart, vice chairwoman of the OSA and called for her resignation.

The Osage News obtained Bigheart’s phone number from the OSA Web site and dialed her residence in Owasso. After several rings Bigheart’s phone service did not prompt a voicemail. The Osage News searched the location of the IP address for “sara b.” and found that it was located in Owasso.

“Well, I really don’t have any comment and I don’t know anything about it,” said OSA President Galen Crum, who is also running for the Osage Minerals Council. “I just got back from California last night and haven’t looked at it on the OSA site.”

Crum said the site isn’t owned by the OSA but is owned by a former OSA board member Kent Radcliffe. Crum said the OSA has no affiliation with the site and Radcliffe is free to do with it what he wants.

Radcliffe, owner of the site, said he hasn’t checked the site since Thursday and that he spoke with the Webmaster and the Webmaster “did not see anything of that nature.” Radcliffe said until he looks at the site he has no information for the Osage News.

Some of the anonymous posters called the “joke” a death threat on Chief Gray’s life. The penalty for a death threat by electronic means for the first offense is a misdemeanor charge, up to a year in jail and a $500 fine. A second offense for a death threat by electronic means is a felony and up to five years in the state penitentiary.

The Osage News called Chief Gray for comment and was unable to leave a voice message because his mailbox was full.

To view the blog thread about Chief Gray click here:

OSA blog thread on Chief Gray

Osage Nation Properties Director Bruce Cass and Minerals Council candidate Dudley Whitehorn point to available camp space for Election Day June 7. Photo by Chalene Toehay/Osage News

Osage News

Osage candidates from both the general election and the Minerals Council mingled under the main arbor in the picnic area west of the Tribal Administration Building April 20.

Bruce Cass, director of the Osage Nation Properties Department, and the Osage Nation Election Board had invited all 54 Osage candidates for both elections to participate in a drawing for camp space on Election Day June 7.

Twenty-one candidates responded and Cass wrote their names on individual pieces of paper and folded them in half and put them into a hopper. The first name drawn was congressional candidate Jake Heflin in which he showed his happiness by throwing his arms in the air saying “How sweet it is!”

Heflin picked the main arbor on the east side of the picnic grounds that is roughly across the street from the Pawhuska Indian Health Service building. The next pick went to Principal Chief Jim Gray who chose the north arbor and third pick went to congressional candidate Randolph Crawford, who picked the south arbor.

Making it fair

In past elections the policy was first-come, first-served when it came to choosing a camp site. However, incumbents and candidates who have been through the election routine before snatched up the three arbors before any of the other candidates knew it was time to reserve space. Principal Chief Jim Gray, Congressional Candidate Geoffrey Standing Bear and Assistant Principal Chief Candidate Cecelia Tallchief reserved the arbors first. But as news broke about the arbors, legislators were rushing to make amendments to the election law.

An amendment was passed to give the election board the authority to handle any problems that might come their way in the days winding down to the election.

Second drawing

Currently there are 28 camps marked off in the picnic grounds near the Osage campus. Only 21 of those camps have been taken. Cass said his department will be holding a second drawing on May 14 for those candidates that didn’t get to participate in the first drawing.

“There will be additional camps added with the overflow located north of the museum,” Cass said.

To view a map of candidate camps as of April 22, click here:

Map of candidate camps as of April 22

To view the rules for candidates and their camps on Election Day, click here:

Properties Prospectus

A car drives past a sign saying, “You are entering the Osage Nation Reservation” in Bartlesville, Okla. Photo by Chalene Toehay/Osage News

[Editor's Note: This story was originally published in the February newspaper edition of the Osage News in 2009.]

By Shannon Shaw
Osage News

The Osage Nation has asked a federal judge to reconsider his “lousy decision” on the reservation status of Osage County that has Nation officials rushing to place tribal casino land into trust.

U.S. District Judge James Payne’s Jan. 23 decision said Osage Nation employees are not exempt from paying state income taxes and that Osage County is not the Osage Reservation’s boundaries. His decision came by summary judgment, which prevented the Nation from going to trial.

“That was a lousy decision,” said Chief Jim Gray in an interview. “This is the first legitimate setback we’ve ever had [in the nearly eight-year-old case]. We intend to fight, we intend to prevail.”

The Nation filed a “motion for reconsideration” on Feb. 6. If Payne’s decision stands, the tribe can appeal to the 10th U.S. Circuit Court of Appeals in Denver.

Worst-Case Scenarios

However, Gray acknowledged that all worst-case scenarios could be possible: The Tulsa, Skiatook and Ponca City Million Dollar Elm casinos could close because they are situated on land that is not held in trust or, under Payne’s decision, deemed the Osage Reservation.

“There’s no reason to think that we can’t get the land into trust,” Gray said in the interview.

The Nation is in the process of filing the trust applications, said a source in the Chief’s office who asked not to be named. Approval of a trust application could take between six months to three years.

The Nation didn’t immediately put the land into trust when it first bought the land because the federal National Indian Gaming Commission approved the Osage’s claim that Osage County was also the reservation, the source said. The state signed the compact as well, a de facto recognition that the county is also the reservation, the source said.

“It wasn’t necessary to put [the land] into trust,” the source said. “We’ve been abiding by the compact, and they’ve been cashing our checks.”

Speculation Over Big Tax Bill

The source also disputed speculation that the Nation would face a big tax bill from the state if Payne’s decision stands—“the issue that seems to be of the greatest concern to many discussing the issue,” the source said.

“What people concerned about this need to understand is that the state doesn’t ‘tax’ the casinos, but rather, the tribe and the state have agreed to a revenue sharing agreement with the state in exchange for a right to operate in that location,” the source said. “If the Payne decision were to have an effect upon the Nation’s casinos it would be this: in accepting X amount in revenues from casinos operating on fee land for the past X years, it seems it would be the state that owes the tribe, not the tribe that owes the state. As to tribal business tax liabilities, nothing about this decision changes the law regarding [the] ability of state or local entities to levy taxes on tribes.”

In his 27-page decision in Osage Nation v. Oklahoma Tax Commission, Payne cited the Oklahoma Organic Act, the Oklahoma Enabling Act and the Osage Allotment Act as proof that the U.S. Congress intended to dissolve the Osage reservation and leave only ownership of the mineral estate and small tracts of trust land to the Nation. Payne’s decision said that because Congress gave the State of Oklahoma jurisdiction over tribal members not living on trust land, they are not exempt from state income taxes.

Another Look at the Evidence

The motion for reconsideration asks Payne to take another look at the evidence the Nation provided. “Osages have never consciously given up their boundaries, ever,” said Gray told a crowd of employees and tribal members Feb. 2. “We’ve made significant impacts in the tribe and the community, and all of these things the judge didn’t even consider.”

Payne’s decision said that establishing Osage County as a reservation “deprives Oklahoma of the ability to fund services in Osage County through income taxes” and that “the State’s provision of services would be severely threatened.” The decision also pointed out that the Nation has “left unchallenged the State’s taxation of the income of its members for more than seventy years.”

Payne also said that removing Osages from the state tax rolls “would have significant practical consequences not only for income taxation, but potentially for civil, criminal and regulatory jurisdiction in Osage County.” The judge mentioned that the county is majority non-Indian and non-Osage.

In its new motion to Payne, the Nation pointed out the numerous times that the Oklahoma Organic Act, the Oklahoma Enabling Act and the Osage Allotment Act use the phrases “Osage Reservation” and Osages shall “reside on their Indian Reservation.”

The Nation also argued that the acts never said the tribe will no longer be governed by federal authority.

Both County and Reservation

In a Jan. 5 presentation on the Nation’s reservation status, Elizabeth Homer, ON Gaming Commission lawyer, stressed that states can have multiple layers of jurisdiction. Osage County does not cease to exist if it is also the Osage Reservation. It can be both, said Homer, who declined to be interviewed for this story.

The Osage Reservation is a “formal” reservation that originated in treaty and was confirmed by Congress with certain aspects of the transaction accomplished through executive order, Homer said. The Nation bought the reservation from the Cherokee tribe, paid for it with cash and still owns the deed to the land, dated June 14, 1883. The deed provided the Nation with a reservation set apart and confirmed as its reservation, she said.

The case was filed in 2001 in federal court in Tulsa, and in December 2007 the 10th U.S. Circuit Court of Appeals ruled that the Nation could proceed against individual members of the Oklahoma Tax Commission.

If the Nation has to return to the 10th U.S. Circuit Court of Appeals, the Nation will at least have its voice heard, Chief Gray said. But he is hopeful that Payne will reconsider the evidence before him and rule in the Nation’s favor.

‘Long History of State Intrusion’

“We cannot believe that the court’s clear desire to avoid disturbing the long history of the State’s intrusion into our reservation through a self-serving and labored interpretation of federal law will be persuasive to the Circuit Court as a lawful and valid basis for this ruling,” Gray said in a prepared statement. “We will continue to pursue a full and fair consideration of our claim, no matter how long and how difficult the struggle may be.”

ON Congressional Speaker Archie Mason stressed Congress’ support for the case but predicted the resolution of the issue could be a long way off.

“We as a Congress recognize our claim as a reservation status, without a doubt . . . and we support all of that,” Mason said. “This is of national importance to our Osage Nation. We have to stand together to support this.

“The impact if he was to rule against us [in the reconsideration] would be devastating,” Mason added. “However, with the federal court system as it is, we might not get a decision in eight to 10 years. I don’t know. It’s a lengthy process.”