Category: Proclamation

For immediate release

June 5, 2019

Muscogee (Creek) Nation Principal Chief Floyd revokes Oklahoma City Muscogee (Creek) Association community charter

OKMULGEE, Okla. — Muscogee (Creek) Nation Principal Chief James Floyd revoked the Oklahoma City Muscogee (Creek) Association (OCMA) community charter effective June 3.

According to MCN Code Title 11, §1-101, the principal chief has the exclusive right to grant charts to qualified MCN Indian communities. Chartered communities that fail to comply with tribal law are subject to having their Tribal charters revoked and all of their financial resources and assets confiscated by the MCN tribal government.

OCMA has failed to provide annual audits for fiscal years 2018 and 2019, which are required by Title 11, MCNCA §6-303.

The MCN Executive Office released a proclamation stating, “Oklahoma City Muscogee (Creek) Association has engaged in gross mismanagement of tribal funds with egregious financial accounting and failing to meet basic financial accounting standards.”

Chief Floyd said it is unfortunate that such measures had to be taken.

“It is unfortunate that this severe action must be taken to correct problems that community leaders are trained to prevent. We have worked with the community and extended time for them in order to comply with required accountability,” Chief Floyd said. “Our audit of their records identified significant non-compliance, which required this severe action.”

MCN Community Research and Development shall serve as OCMA acting director and will control daily operations including employment and building rentals.

Controller Clay Darnell is authorized to confiscate and manage all financial resources including: accounts, bank records, computers, and all other documents related to OCMA, Creative Circles Promotions, LLC and Creative Circle Gift Shop and Gallery, LLC.

Chief Floyd expressed the need for services to continue.

“We must do the right thing and will do everything possible to continue services and events for community members,” Chief Floyd said.

The charter revocation will remain in effect until further notice.

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Proclamation of Action Declaring a National Emergency in the Oklahoma City Muscogee (Creek) Association

FOR IMMEDIATE RELEASE
Jan. 4, 2018

Muscogee (Creek) Nation Principal Chief Floyd Returns NCA 18-184 as Veto with Objections, States Improvements Needed

OKMULGEE, Okla. – Following the Muscogee (Creek) Nation National Council’s vote to adopt NCA 18-184 during the Dec. 15, 2018 Regular Session, Principal Chief James R. Floyd, pursuant to the Nation’s Constitution, has returned NCA 18-184 as a Veto with objections.

The legislation would repeal NCA 18-180 and restore the Independent Media Act as defined in NCA 15-218 and amended in NCA 15-242, both enacted in 2015 that deemed Mvskoke Media an independent statutory agency and created a three-member Editorial Board to oversee the operations of Mvskoke Media.

Chief Floyd supports Mvskoke Media’s free press rights while continuing the Nation’s efforts to better serve citizens and be good stewards of tribal funds by ensuring departmental accountability and efficiency.

Prior to the Dec. 15 Regular Session, National Council members were provided a substitute bill from the Executive Office to consider in place of NCA 18-184. However, members of the Council stated additional time to review the substitute documents was needed.

Chief Floyd spoke to the Council during the Dec. 15 Regular Session and referenced the substitute bill as he highlighted the recommended changes in the legislation.

“I think it represents the position of a number of people and a diverse group of people in that regard,” Chief Floyd said. “We have met and incorporated the comments of these groups and have a workable bill. So, that’s where we stand with the substitute bill.”

As outlined in Chief Floyd’s veto message to National Council Speaker Lucian Tiger III dated Jan. 4, 2019, the legislative objections to NCA 18-184 is that it does not address the operational inefficiencies identified since passage of NCA 18-180, does not designate Mvskoke Media as solely a news organization, does not address proper financial oversight on Mvskoke Media’s $1.57 million budget and does not adequately address the Editorial Board requirements.

Since passage of NCA 18-180 operational efficiencies have been identified that affect the use of tribal funds. Principal Chief Floyd states he intends to address these issues. He will prepare a plan and submit a report to the National Council on the actions taken. NCA 18-184 places Mvskoke Media as an independent statutory agency free from political influence. This arrangement does not allow for the implementation of the necessary improvements.

Principal Chief Floyd stated, “I believe the purpose of Mvskoke Media should be about covering and reporting the news. Only seven of the 18 Mvskoke Media positions are dedicated to news reporting”. Financial analysis has identified that approximately half of Mvskoke Media’s $1.57 million budget is not for news reporting. “I believe that any legislation going forward should designate Mvskoke Media as solely being a news organization,” Principal Chief Floyd said.

The veto message noted repealing NCA 18-180 returns financial responsibilities of Mvskoke Media to a single individual, the Mvskoke Media Manager. “I believe as a tribally funded program, any legislation pertaining to Mvskoke Media should address financial oversight,” stated Principal Chief Floyd.

Each of the past three years Mvskoke Media’s annual funding from the Nation has been in excess of $1.5 million, yet outside of annual budget hearings no review or oversight is provided for. Under prior legislation the Editorial Board mainly served to review editorial content.

NCA 18-184 does not address the possibility of there being no enrolled Muscogee (Creek) citizens being both available and meeting the specific requirements to serve on the Editorial Board. Under prior legislation the Editorial Board had specific requirements for experience and degrees. While these requirements may be responsibly placed, the legislation does not address if citizens meeting the requirements are not available to serve due to other restrictions.

Introduced by Council Rep. Adam Jones III and co-sponsored by Reps. Pete Beaver and James Jennings, NCA 18-180 was adopted during the Nov. 8 Emergency Session in a 7-6 vote of the National Council. Following passage, NCA 18-180 was signed into law by Principal Chief Floyd, which effectively placed Mvskoke Media under the Executive Branch in the Department of Commerce, along with Public Relations and the Department of Tourism and Recreation.

“I have remained dedicated to upholding the rights of Mvskoke Media’s free press,” Chief Floyd said. “I have not intervened in the daily operations of news reporting or restricted the independence of Mvskoke Media to pursue and report any news story.”

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Below is the letter to National Council Speaker Lucian Tiger III

PDF Version of Letter

FOR IMMEDIATE RELEASE

Nov. 8, 2018

Muscogee (Creek) Nation Principal Chief Provides Statement Recognizing 40^th Anniversary of Enactment of Federal Indian Child Welfare Act

OKMULGEE, Okla. – On behalf of the Muscogee (Creek) Nation, Principal Chief James R. Floyd prepared the following statement recognizing the 40th Anniversary of the Federal Indian Child Welfare Act (ICWA).

“Nov. 8, 2018 marks the 40th anniversary of the enactment of the Federal Indian Child Welfare Act (ICWA). The protections put in place by this Federal Act require each state to notify tribes of their ancestral children being removed from the care of their parent or guardian; obligation to provide expert witness testimony proving no cultural biases in the removal; requirement to place Indian children with relatives, within their own tribe or other Tribal Nations; and provide active efforts prior to the removal of Indian children from their homes and support the reunification of the Indian family. Within the last year, the Muscogee (Creek) Nation Children & Family Services Administration has provided services to more than 325 Muscogee (Creek) children who were in the custody of the Oklahoma Department of Human Services. This Act works to ensure every effort was made in placing those 325 children with relatives, tribal members or at the very least, members of other federally-recognized tribes.

The strength of our Nation relies on the safety and well-being of our tribal citizens, especially our children. Indian children continue to be removed from their homes for abuse and neglect at an overwhelming rate. Statistics show, in the State of Oklahoma, one in three children placed in foster care are Indian children.

In 1978, Congress found that ‘… Congress, through statutes, treaties, and the general course of dealing with Indian Tribes, has assumed the responsibility for the protection and preservation of Indian Tribes, and their resources; and that there is no resource that is more vital to the continued existence and integrity of Indian Tribes, than their children and that the U.S. has a direct interest, as trustee, in protecting Indian children who are members of or are eligible for membership in an Indian Tribe; and that an alarmingly high percentage of Indian families are broken up by the removal, often unwarranted, of their children from them by non-tribal public and private agencies and that an alarmingly high percentage of such children are placed in non-Indian foster and adoptive homes and institutions.’

The Muscogee (Creek) Nation stands in continued support of the ICWA enactment and the regulations, which protect and preserve our Mvskoke culture and promote the welfare of our children and families.”

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