CNO Take over of IHS, good or bad? Part 1

John Cornsilk
This announcement appeared in the local Media as well as the "Cherokee Nation of Oklahoma" (CNO) Website!

And has to be no good for the Cherokee People, simply because it begins with a lie, it is NOT the Cherokee Nation making the announcement, it is the Cherokee Nation of Oklahoma!

"The Cherokee Nation will begin a "planning process" to decide if it should assume some or all operations at W.W. Hastings Indian Hospital in Tahlequah. Indian Health Service operates the hospital, and the facility is federal property, said Chief Executive Officer Ed McLemore.

The decision will be the Cherokee Nation´s to make, McLemore said. The Indian Self Determination Act provides the option for the Cherokees to take management control of the facility, he said. The hospital receives IHS funding, Medicare and Medicaid funds as well as third party payments, such as insurance.

Hastings is one of the most successful Indian hospitals in pulling in those third party payments, McLemore said. There was a 41 percent increase in such payments in the fiscal year 2003-2004. Collections went from $22.8 million to $30.8 million, he said. That was our biggest jump," he said. "There's been an intense effort to streamline the business process of this facility, which helped us increase and improve services."

According to Cherokee Nation Principal Chief Chad Smith, taking over operation of Hastings would mean millions of dollars in new funding from IHS by removing layers of federal bureaucracy. "IHS officials in Oklahoma City get millions each year to oversee Hastings," tribal spokesman Mike Miller said."

I says no, the CNO is not ready nor capable of managing Hastings IHS. But if this is continued deceptively by/in some political manner/fashion, only those who are non-native will reap the rewards of employment by the CNO.

By fact of Public Law 93-638 aka Indian Self Determination Act requires that any and all tribes in the service area of any IHS facility must consent to the contracting or change in operations. I am told the UKB has a standing resolution directly refusing to consent to the take over by CNO.

And here in lies the rub for this plan, the timing is totally ill conceived given the prospects of the Congressional action by Congress to cut the funding for the CNO, but then wait, that is not a concern of Smith's...In fact what smith is eye balling is the increased or big jump in third party payments (Medicare) to Hastings Hospital, in addition to taking control of the funding of operations via the Oklahoma City Offices, by his actions against Cherokee people he no more cares about any improved heath care, than the man in the moon.

The announcement goes on to say:

"The additional funding would mean increased services at Hastings, including a wider variety of prescription drugs, said Melissa Gower, Health Services Group Leader for the Cherokee Nation. The tribe´s clinics offer a wider variety of prescription drugs than the hospital does, she said. "If we were all in the same comprehensive system, patients would have access to the same medications," Gower said.

The Cherokees have health clinics in Nowata, Salina, Sallisaw, Stilwell, Jay, Vinita and plan to open their largest clinic in Muskogee in early February. Patient eligibility would not change if the Cherokee Nation began operating some or all of the services at Hastings, she said. Hospital employees would have the choice of either remaining a federal employee or working for the Cherokee Nation, Miller said.

The tribe would reimburse IHS for the salaries of the employees wishing to remain federal employees, Miller said.

The Cherokee Nation wants every employee at Hastings to stay should the nation decide to assume any operations, Gower said. The planning process will begin June 1, but any transition of operations would not take place until Oct. 1, the beginning of a new fiscal year.

Shortly there after the United Keetoowah Band of Cherokee Indians in Oklahoma (UKB) made an announcement it also planned to take over the IHS facilities as well!

"The United Keetoowah Band of Cherokee Indians in Oklahoma announced Tuesday it will attempt to contract to operate area Indian Health Services facilities, including W.W. Hastings Indian Hospital.

The UKB request includes all facilities in IHS´s Tahlequah Service Unit: W.W. Hastings Indian Hospital and other federally funded health service units, health programs and clinics operated or staffed by IHS.

The Cherokee Nation said last week it is considering a bid to manage Hastings.

A UKB media release states the tribe anticipates immediate discussions with the IHS. The UKB will make efforts to discuss the plan with with the present Tahlequah Service Unit employees as part of an effort to retain present IHS employees after the facilities are operated by the UKB, the release states.

The UKB has 12,000 members, 97 percent of whom live within the boundaries of its tribal jurisdiction in eastern Oklahoma, said spokesman Sammy Still.

He said the UKB is covered under the Oklahoma Indian Welfare Act, and "they (Cherokee Nation) are not."

He said other tribes in the jurisdiction are to be in agreement with anyone contracting Hastings.

"UKB tribal members are not getting fair treatment in health care or contract services — mainly because of the contract for contract services," Still said. "As UKB members, we're being denied services. Were trying to get contract services out of IHS — not trying to fight with the Cherokee Nation of Oklahoma. We're trying to get service we should receive."

He said although UKB are one-fourth bloods and anyone who has a Certificate Degree of Indian Blood card or anyone who is Native American would be served."

I say this is the best news I have seen the UKB come out with in a while. Now if they are prepared to take it all the way, which is going to have to include full scale legal battle when CNO objects as the Sovereign with jurisdictional authority over all that is Cherokee in the 14 counties of northeastern Oklahoma, it may just amount to something. As I have said in my other articles the Cherokee Nation of Oklahoma (CNO) is BOGUS, and David Cornsilk my son explains it in THIS ARTICLE

The UKB know this and what it means, Chief Geroge Wickliffe has written on this quite extensively as you can see by going to the "United Keetoowah Web site" and the under News Tab click Archives for the hard copy, then check Chief Wickliffe's monthly letter to the people, some that I can remember off hand are for the month of February, both 2007 and 2008, and September of 2007, and there are others, where Wickliffe says the same thing I say, the CNO is BOGUS...

So, the Question is will they they fight for our rights as Cherokee under the Law, or will they let the Dictator of CNO continue to Dictate our lives as Keetoowah Cherokee people?

Of course we all know that Chad's a liar. He has lied so much he barely knows the truth anymore. In 1999 while campaigning for principal chief, Smith went to the employees of Hastings Hospital and informed them that he had no plans to take over the hospital and he would not even suggest such a thing. In 2004 Smith again ran for principal chief and gained the support of a majority of the employees of Hastings by promising them he would not seek a take over of the hospital. But then something happened in the June 2007 election that upset Smith no end. The two districts number one (1) and two (2) where the largest number of Cherokees are employed by either the Housing Authority or Hastings Hospital (and the CNO employees themselves) voted for Stacy Leeds for principal Chief and NOT Smith.

According to a source that send me things such as this said the word at the at the complex Smith is alleged to have said he would "make them pay" for embarrassing him in his own backyard. The Housing Authority has fallen. Hastings is next unless those employees wake up and do something immediately.

My Son David informed me his phone has been ringing off the hook with employees asking what they can do. he tell them to write letters to the editor of the area papers, contact congress and tell them they are opposed to the takeover. he tells them they must NOT hide behind pen names and aliases if they have any hope of saving their jobs and the hospital, stand up and be counted.

Unfortunately we cannot name names of who they are because they will not give us permission, we know the fear they have but their jobs are doomed if they do not act. Smith will take over the hospital, with a two year grace period, but within a few months that agreement will be meaningless because it will all be tribal and under the control of his council and court. And don't think you will have any rights in the tribal courts because he has them sewed up with his hand picked cronies.

David said "Smith lied to the Hastings employees about taking over the hospital and now he's out to punish them for being impudent enough to recognize the Cherokee Nation is in deep trouble under his so called "leadership" and voting for Stacy Leeds. Folks if you can't step up to the plate when the Cherokee people need you, then at least drop to your knees and pray."

I say not all Cherokee people believe a take over by either of the entities would be a good thing for the Cherokee People's benefit over all, of course with the CNO the reasoning is Obvious and I agree 100 percent, and My son David thinks the UKB are not equipped or Qualified to handle the take over either, and he sent me the following letter of Objection, and folks I think this is a good place to post the results of one of my efforts, I posted an electronic petition calling for a halt of the CNO take Over of IHS, there were not all that many Signatures but, if the saying is true that one electronic signature could represent as many a 7 like minded folks, then the petition was a success, and it is ready to print and mail or attach to an email and send to friends and elected officials, Click Here to Print or Send

David's Letter:

When Cherokee Nation of Oklahoma officials sought to take over contract health from IHS, the stated purpose was to increase services to Indian people and reduce red tape and denials. That never happened.

Today contract health, after having been operated by CNO officials for more than a decade, is in worse shape than when it was a federally mandated and operated program.

Constantly short of funds and suffering from inflated administrative costs, Indians needing contracted health care in the Cherokee Nation often go under or worse unserved, leading to greater health concerns and even death.

I think the lack of ability to operate even the smallest of IHS programs, except to provide high paying jobs to political appointees of the Principal Chief, is enough evidence that neither the CNO, nor UKB should be permitted to take over Hastings Hospital.

While CNO has the resources from casino money to infuse the hospitals with needed cash, Smith has openly stated that he does not believe in social services to help the needy. His efforts to contract Hastings is nothing more than a power grab over a large number of Indian people he currently cannot control, while getting access to a large chunk of federal money. If they won't make it better they should leave it alone.

The UKB efforts to contract the hospital is simply put, survival mode in the face of attempted annihilation by Chad Smith and the CNO Council. The UKB is not prepared to operate that facility and does not have any resources available to infuse the under funded facility and increase services. If they can't make it better, they should leave it alone.

I think ALL IHS hospitals should be continued as they are, under the authority of Indian Health Service and operated as federal installations. Even though Hastings and Claremore are both medical ghettos and dinosaurs, they are better than nothing and many Cherokee people are totally dependent upon them for medical care.

I predict that a takeover by either the UKB or CNO would cause a total failure of the Indian medical systems and within ten years we'd either have no hospital or it would have to retrocede to IHS, never to fully recover.

David Cornsilk

CNO Take over of IHS, good or bad? Part 2

John Cornsilk

On the Huffing Post, in response to Tim Giago's Article on his views of the Termination of the Cherokee Nation of Oklahoma (Traitors), CNOT as I call them, I made a comment, as to what Smith is really after in the propose take over of the Indian Health Service in Tahlequah.

"CNOT is desperately looking for alternate funding for when the Congress woman's Bill cuts them off at the Knees, (SOON I HOPE)!! And what they are looking at is the take over of the Indian health service in Tahlequah, an Probably Claremore as well, as they are both in CNO Land! As you noticed above in Part One, it starts of with an announcement of the planned take over by CNO, and also, note if you will the monies mention that I believe is the only reason for the planed take over, Smith no more cares for The Cherokee Peoples health, than the man in the moon, demonstrated so by what he did to his wife and kids, when he did this to them"

Smith Continues the smoke screen, he has his slate of councilors act as though they may be offended for not being consulted on the matter of the IHS take over, smith desperately wants this money to fall back on when the Congress shuts of the Funds and closed the Casinos...By having the following Story published in the local paper: read the story folks and if you have been keeping up with the antics of Smith and his majority slate of Council people, you will see right through the smoke by Smith, by the rhetoric if these supposed representatives of the Cherokee people is absolutely disgusting, they are in Smiths pocket, and one of the supposed good guys is being dupe big time, Chuck Hoskins Jr. or is he, the fact he is a lawyer gives a BIG rise to my question of what he stands for! Frailey Too is a Lawyer, and another of the Supposed good guys is a Lawyer as well, Tina Glory Jordan, that served Joe Byrd as a judge, if you think she is on there for the Cherokee People I want to sell you a slightly used bridge out east of Tahlequah!

A long time California poster to my Discussion Forum John's Place, Said I am so proud to read this article and the concerns expressed! I was thinking perhaps they will realize how a member feels when they are left out of the process, can't even speak at a council meeting!

They agree that the Principal Chief has the authority to approve negotiations and that was given in resolution form under the administration of Wilma, well it was wrong then and it's wrong now to allow that much power to one person.

Instead of changing our name to Cherokee Nation of Oklahoma, why not be done with it and call it Chad Nation of Oklahoma, the only tribe in existence made up of one person?


I believe what she meant in the first part of the message was she could be proud of a REAL message like this by caring elected officials, which these are not, they are of the same caliber as Smith, and she knows that as well as I and many Cherokee, BUT the thought is good...if only the subjects were equally so!

David Cornsilk sums it all up quite well, in a nutshell so to speak:

Before hastily praising Cobb and Fraily for their position, or young Mr. Hoskins for praising Cobb, which if we did not know them so well, would be admirable, I think it wise to take a wait and see attitude. Smith's minion do nothing on their own. There is something suspicious about this seeming "bowing up" of the Council. I shall not rush to judgment one way or another, as we have seen this sort of behavior before. The Council gets to look like they are protecting the rights of their constituency by challenging Smith. Smith then gets to show that he's a real leader (something totally lacking in his administration) by giving the Council their due. In the end, the Smith-lead Council gives him what he wants anyway. Its all just a dog-and-pony show mastered by Wilma Mankiller in her ten years as PC and now being practiced by Smith. When the Council had the appearance of checks and balances, there was no need for such a ruse. But now that Smith totally controls the majority of the Council he must, from time to time make it appear otherwise.

David Cornsilk

And so that this article does not appear completely one sided, a poster on my forum suggested some rules may hinder the Smith scam the poster known a hoocheemamma said:

"The other Oklahoma tribes running hospitals in their jurisdictions have no such boards. Chickasaws, Choctaws and Creeks all run hospitals in their jurisdiction and they fall in their organizational structure like any other program.

With all due respect, you really have little to no clue on this issue.

A dear, dear friend of mine knows a little about this issue and she said that IHS has been expecting this for some time now. The gal didn't know why it has taken so long. She said it was a logical move by the Cherokee Nation as the biggest tribe in Oklahoma with the most administrative money going to headquarters overhead that does the Cherokees little good. This way that money could go to expand the services taking place within the hospital and coordinate them better with the clinics."

Folks, leading up to the possibility of Cherokee Being denied Services at IHS should Chad Smith succeed in the take over! He hates the UKB Cherokee because they had banished him from their ranks as a traitor.

Right now the Cherokee Nation receive about 450 million in federal aid from the Govt for 2008. This is why Chad is fighting so hard in DC, so he does not lose control of this cash, plus look like the complete idiot he is for kicking out the Freedmen. Many of the programs are based on the head count in the 'service area' but this also includes all the indians that reside there, not just Cherokee. this is why it is illegal for the tribe to deny anyone, let alone the UKB, whose head count is included for the grant funding for services.

Another obvious idea in the concept that Chad tows with the Conservative line of no entitlement, don't ask for hand-outs; pull yourself up by the bootstrap B.S. Yet the CNO has a very large hand out in D.C. and is raking in all the cash. CNO takes an 'administration' fee of up to 40% off the top of each award. this is how he pays extravagant salaries and bonuses to his top cronies.

Following is what the Keetoowah may expect should Smith make the takeover!

Words by a Keetoowah Cherokee:

"A friend of mine and cousin to my wife, a full blood Choctaw contacted me about some assistance that he had received from the Cherokee Nation and told me who to speak to. I was in school, my wife was expecting, and times were hard. I went and spoke to the same woman that assisted the full blood choctaw. She stated that she could not help me because I was a UKB member. I then asked her why she could help a Full Blood Choctaw but not a Keetoowah. She stated that she had been instructed to deny Keetoowah Band Members. The program was a federal program.

Another situation involves an elderly full blood UKB member who is in need of housing repairs. The CNO receives NAHASDA for all Cherokees. A CNO worker contacted the elder and told her that she could not be helped with NAHASDA unless she relinquished from the UKB and joined the CNO. I heard about this and contacted the person at CNO that had spoken with this elder. She stated that she had been instructed not to assist Keetoowah Members with NAHASDA.

Why would "they" love you to believe this? I am one of the UKB members who has been denied services from CNO and have refused to leave their facilities until I had a letter stating why I was being denied. I have letters that show that I am denied due to being a member of the United Keetoowah Band of Cherokees."

So will the Smith administration be any different with the UKB that he hates an refuses to accept as Cherokee! And with the situation Today with the Cherokee Freedmen you know what his stance will/would be for them were he in charge today, and/or he makes the take over anytime soon!!

And to explain the law in regards to the Constitution of the Cherokee Nation of Oklahoma (Traitors) CNOT, by David Cornsilk, as it relates to why their should NOT be the descrimination by Smith against the UKB Cherokee for any federal services as a Cherokee in the service are of the Cherokee Nation that CNOT claim the rule of.

"The 1976 Constitution of the CNO, which, btw, is the ONLY valid CNO constitution, at Article 14, states that the Cherokee government cannot pass any laws which would interfere with the right of Cherokees to belong to any organization, group or clan within the Cherokee Nation. The UKB is a "group" or "organization" situated within the historic boundaries of the Cherokee Nation. It would be unconstitutional for the council to pass an act prohibiting or impeding in any way a Cherokees right to belong to the UKB. In other words, CNO cannot prohibit dual enrollment. The reason for that clause is simple. The CNO was created as a vehicle by which to carry out the "popular selection" of the Principal Chief in accordance with the 1970 Principal Chiefs Act which delegated the authority to "promulgate rules" to the then appointed Principal Chief (W.W. Keeler).

The CNO constitution is nothing more than the manifestation of those rules. Registration to vote in CNO elections is NOT the same as being a member/citizen of a federally recognized tribe. We, as descendants of the citizens of the Cherokee Nation listed on the Dawes Rolls are designated by Congress as the parties responsible for popularly selecting the principal chief. Previous to the passage of the 1970 PCA, Congress had designated the U.S. President or his designee (Sec. of Interior) as the party responsible for appointing the Principal Chief. While the UKB does prohibit dual enrollment in any other "federally recognized tribe" the CNO is not the federally recognized entity.

The United States has a government to government relationship with the Cherokee Nation created by the 1839 Constitution. That constitution remains the only valid governing document of the Cherokee Nation. The Cherokee Nation and the Cherokee Nation of Oklahoma are not one and the same thing. The only remaining citizens of the Cherokee Nation are those Dawes enrollees yet alive, all of them being at least 102 years old now. They alone are prohibited by UKB law from dual enrollment because they alone are the only citizens of the Cherokee Nation remaining. The rest of us are merely congressionally delegated selectors whose only duty is to fill the office of the Principal Chief by our vote. That is also why the Freedmen cannot be excluded. The intent of Congress was that all of the citizens of the Cherokee Nation (Dawes enrollees) and their descendants (that's all Cherokees including freedmen) cast a ballot to popularly select the principal chief.

Congress could have designated anyone or any group to select our Principal Chief. Because of Congress' plenary power, it could have designated that authority to the Mexican immigrants if it chose to. The fact that Congress delegated that power to the U.S. President, who was not and has never been a Cherokee Indian or citizen of the Nation, clearly shows that the popular selection could have been by any party and the 1970 PCA did not change, nor impact the status of the descendants of the Dawes enrollees. We were then and we remain nothing more than descendants and the CNO is nothing more than a descendancy organization. The fact that the BIA, state of Oklahoma and even the Cherokee people, have permitted the CNO to act in the place of the Cherokee Nation does not change its identity."

David Cornsilk

If you will, look up the word "election" please note that in the webster description it denotes an inherent right, of power or priviledge, while the word "selection" is totally lacking in that regard. Clearly it was not the intent of Congress to recognize any particular right, power or priviledge vested in the Cherokee people by granting them the right to select the Principal Chief.

Taking that process away from the President and giving it to the Dawes enrollees and their descendants was in no way a recognition of sovereignty of the descendants of the Cherokee Nation. The right to elect one's leadership is a recognition of the soveregnty of the people.

The ability to make a selection of a person whose only duty is to cowtow to the federal government, Oklahoma, sign documents and dispose of assets as Chad Smith DOES, does not require rights, power or priviledge. The power to "select" the principal chief could have been granted to anyone without impacting the status of the Cherokee Nation according to law (1906 Act).

So Once again Folks if it's not to late, and I don't believe it is yet, contact Friends, family and and your tribal Government, you if you ar a non Cherokee Indian, or/and your federal elected officals and object to this dictator take over of a Service to the Indian People. Smith is ONLY after Money!

John Cornsilk
Cherokee, CNO member!
Purveyor of Simple Truth