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Update #122

The views, opinions and commentary in this update are those of Congressman Red Corn. They are his alone, and do not necessarily represent the views and opinions of the Osage Nation Congress.

Osage LLC capital contribution gets wide Congressional support

The Osage Nation Congress voted 9-2 Thursday to appropriate $7.5 million to Osage, LLC as a capital contribution.  Only Congressmen Supernaw and Revard voted against the measure.

I believe the strong support arises from the recent concerns that the three Osage casinos are not on trust property.  The recent adverse court decisions in the reservation case have highlighted the need for diversification of our income base.

The presentation made by the LLC board on April 8th was unflinching, and showed that the board faced serious challenges after inheriting some of the Nation’s troubled businesses.  The profits from the passive business investments, however, were on target, averaging a 9-10% return.  The Nation is now drawing around 1%, on average, on its reserves.

The LLC’s Airpark property, the purchase of which was opposed by some members of Congress, is nearing 100% occupancy.  New leases and the income they produce will help offset the operating expenses of the LLC, enhancing profits.

Congress re-votes all confirmations from Spring Session.

After notification that the secret votes of April 7th and 9th were in violation of provisions of the Open Meetings Act, the Congress rescinded and expunged all confirmation votes, followed by a re-vote of several confirmations.

Three members of Congress had advocated for recorded votes on those dates; Congresswoman Atterberry, and Congressman Freeman and myself.  The new votes brought individual positions on Gaming Enterprise Board appointments to light. All three went to a tie vote, broken by the Assistant Principal Chief, John Red Eagle.

Voting for Gaming Board appointees George Pease III, Frank Oberly, and Elizabeth Homer were Congresspersons Red Corn, Atterberry, Edwards, Freeman, Shackelford and Mason.  Voting against all three were Congresspersons Supernaw, Simms, Red Eagle, Branstetter, Anderson and Revard.

Breaking all three ties was Assistant Chief Red Eagle, who voted only for Frank Oberly.  This still leaves the Gaming Enterprise Board without a quorum to conduct business.

All other re-votes had the same result – confirmation.

Have you applied for your absentee ballot yet?

If you wish to vote in the upcoming elections and cannot be present to vote on June 7 in Pawhuska, you need to apply for an absentee ballot.  There is a deadline (about a month from now) for sending in a request.  All who intend to vote are encouraged to request now to allow adequate time to (a) send in the application, (b) receive the absentee ballot from the Election Board, (c) fill it out and mail it in time to arrive in Pawhuska no later than June 7^th.  Here is a link to the official absentee ballot request form:

http://raymondredcorn.com/forms/finlabsntbllt1-27.pdf

You can print it off, fill it out, include the appropriate documents and mail it in.

As always, please share your opinions and thoughts with me at your convenience.

With respect,

Raymond Red Corn
Osage Nation Congress
918-287-7400
[email protected]

Update #121

The views, opinions and commentary in this update are those of Congressman Red Corn. They are his alone, and do not necessarily represent the views and opinions of the Osage Nation Congress.

Congressional compensation bill withdrawn

Congressman Supernaw withdrew ONCA 09-45, citing complications arising from Congresswoman Edwards amendments cited in yesterday’s Update. The Congress complied with the request, 12-0.

Osage, LLC funding bill jump-started

The Congress voted to move ONCA 09-77 to “Day 2”, when amendments may be proposed, on a 8-4 vote, but failed to move the bill to “Day 3” on a 7-5 vote. It takes 8 votes to accelerate a piece of legislation.

While the bill did not get finished today, the first vote at least gave the bill a chance to get out this session.  The one amendment offered today will be voted on tomorrow, and provided the bill is engrossed tomorrow afternoon the final vote will be taken the last day of session, Thursday.

The bill calls for a capital contribution of $3 million, but today’s amendment would move the contribution to $7.5 million if approved.  I put forward the amendment with the encouragement of other members of Congress that feel that the challenges faced by Osage Gaming require an accelerated and robust diversification effort.

Today’s vote to ensure the bill would be voted upon this session was opposed by Congresspersons Supernaw, Revard, Anderson and Branstetter.

As always, please share your opinions and thoughts with me at your convenience.

With respect,

Raymond Red Corn
Osage Nation Congress
918-287-7400
[email protected]
Update #120

The views, opinions and commentary in this update are those of Congressman Red Corn. They are his alone, and do not necessarily represent the views and opinions of the Osage Nation Congress.

An unfortunate first

Members of Congress have, on occasion, desired to withdraw bills from consideration during our four years here.  If the bill is in committee, the accepted procedure requires the Sponsor request the bill be reported out for the purpose of withdrawal. The bill is then passed out with “No Recommendation”. On the honor system, every Sponsor has withdrawn their bill when it arrived on the floor.

Until now.

The minutes of the Government Operations committee reflect clearly that ONCA 10-45, the bill to increase the Congressional compensation package, was passed out “with No Recommendation for the purpose of withdrawal”.  Not only did the sponsor, Congressman Supernaw, fail to withdraw the bill upon its arrival on the floor Friday, that same bill is being expanded (in terms of Congressional compensation) by floor amendments put forward by Congresswoman Edwards, who today indicated a willingness to co-sponsor the bill.

At present, members of Congress are paid an annual salary of $56,000 and an annual stipend of $9,000 with no additional benefits.  The stipend is a flat monthly amount ($750) to cover three things; on-reservation mileage, health benefits,* and cell phone expenses.

Amendments submitted today on the still-alive bill would increase compensation to members of Congress in the following ways:

• It would allow the participation in the benefit package available to regular full-time employees or its monetary equivalent at the discretion of the official. According the Congressional budget analyst, this would allow a member of Congress to draw $10,731 in cash in addition to their $56,000 salary.

• It would add Nation-funded life and disability insurance to the compensation package. Cost: $38/year per member.

• In addition to the above benefits, it would include the original idea proposed by Congressman Supernaw to add a retirement match up to $2800/year. If the language underlined above passes, the member may not even be required to put up the match, but may be able to pull down the $2800 in cash.

• It would include an expense reimbursement for “authorized travel and cellular phone use”, with Congress deciding the definition of “authorized travel”. I believe the current arrangement is preferable, and fair; it treats all members of Congress equally, regardless of where they live.

In short, the amendments proposed today do away with the flat-cost stipend ($9,000/year), then install a compensation package worth $10,769 (cost to the Nation), plus a potential $2,800 in Osage Nation contributions to a retirement account, plus still pay for all “authorized” mileage and phone.

As the bill was being discussed in today’s session, GovOps Chair Jerri Jean Branstetter called the Congress’ attention to the fact that ONCA 10-45 was to be withdrawn.  When the 1 p.m. GovOps meeting got underway, Congresswoman Branstetter pointed out the details of the motion passed by the committee indicating Congressman Supernaw’s plan to withdraw his bill.  Congressman Supernaw made no comment.

I oppose Congressman Supernaw’s bill, and Congresswoman Edward’s amendments.  The amendments will be voted on tomorrow.

Osage, LLC capital contribution moves to the floor

ONCA 09-77, providing a capital contribution to Osage, LLC in the amount of $3 million, was reported out of the Appropriations Committee today with a “do pass” recommendation by a 2-1 vote.  Voting “yes” were Congresspersons Edwards and Red Corn. Voting “no” was Congressman Supernaw. Congresswoman Branstetter was acting Chairperson, and Congresswoman Anderson was absent.

As always, please share your opinions and thoughts with me at your convenience.

With respect,

Raymond Red Corn
Osage Nation Congress
918-287-7400
[email protected]
*Members of Congress may opt-in to the Nation’s health insurance, with the premium deducted from the stipend every month.  They may also opt-out, and decide whether or not to purchase insurance.  The purpose of this arrangement was to allow members with pre-existing conditions to keep their own insurance during their term if they so wished.

Update #119

The views, opinions and commentary in this update are those of Congressman Red Corn. They are his alone, and do not necessarily represent the views and opinions of the Osage Nation Congress.

Osage Congress fails to confirm Gaming Enterprise Board

Yesterday the Osage Congress effectively removed all three Gaming Board members by failing to confirm them.  The vote was by secret ballot, which was opposed by three Congresspersons; Freeman, Atterberry and myself. I voted to confirm all three appointees.

No longer serving are George Pease, Frank Oberly, and Elizabeth Homer. I spoke in favor of retaining the appointees, as did Congresspersons Atterberry and Freeman.

Most noticeable was the lack of warning that a majority of Congress had intent to make such a move. I sit on the committee of jurisdiction (Commerce), and no committee discussion has been held during any meeting regarding the unsuitability of any of the appointees.  Mr. Pease and Mr. Oberly have both served 3-year terms, plus a 6 month extension provided by law. Ms. Homer, a former commissioner on the National Indian Gaming Commission, was an interim appointee, replacing Mr. Tom Slamans, who resigned last fall.

The consequences of having no board are not clear, but here are a few things I’ve learned in the past 24 hours.  All MDE payroll checks must be signed by the Chairman of the Board.  The Gaming Enterprise Board approves all distributions to the Osage Nation, and all gaming vendor payments (the cut that goes to owners of gaming machines that represent the majority of machines on the floor of MDE casinos).

I asked our Congressional counsel if he had been asked to render any opinions on the consequences of having no Gaming Enterprise Board seated.  He said he had not.

Immediate concerns aside, there are other pressing questions that deserve answers.  What impact will this have on seating a new board?  Ms. Homer is a former U.S. Justice Department attorney who was appointed to the highest Indian Gaming authority in the U.S. during the Clinton administration. If she is unqualified to hold a position on the Osage Gaming Enterprise Board, who is qualified?  Are there truly capable and experienced people that will be willing to serve on this board after this event? What is the reasoning behind this decision by a majority of Congress?*

During Motions and Notices I asked for confirmation that we were indeed without a Gaming Enterprise Board.  The answer was yes.  I then asked if any members of Congress had any idea of the impact of having no Enterprise board would have on the Nation.  I was cut off by an immediate motion to adjourn.

As always, please share your opinions and thoughts with me at your convenience.

With respect,

Raymond Red Corn
Osage Nation Congress
918-287-7400
[email protected]
*The voting was 4-7 to confirm Mr. Pease, and 5-6 for both Ms. Homer and Mr. Oberly. Congresswoman Edwards was absent.

Posted April 2, 2010

Update #118

The views, opinions and commentary in this update are those of Congressman Red Corn. They are his alone, and do not necessarily represent the views and opinions of the Osage Nation Congress.

Attorney General bill fails

The bill to create an office of Attorney General failed yesterday on a 7-5 vote, with the co-sponsor, Congressman Red Eagle, voting against it, joined by Congresspersons Supernaw, Revard, Branstetter, Anderson, Shackelford and Simms.  Voting yes were Congresspersons Mason, Red Corn, Atterberry, Edwards and Freeman.

In debate, objections were made to the failure of the bill to require the A.G. to be Osage.  However, no amendments to that effect were offered in committee, and none were offered on the floor.  It was pointed out that the Congress would have to confirm the first A.G., and therefore would have full control over whether the A.G. was, or was not, Osage.  After that, the Osage people would decide whether or not the A.G. was Osage.  Such facts did not persuade the majority, and the Nation is left with the status quo; settlement of inter-branch disagreements via expensive lawsuits.

Commissioner Chissoe sends notice to Congress

Gaming Commissioner Richard Chissoe has notified the Executive Branch and Congress that he will not accept another nomination for Gaming Commissioner of the Osage Nation.  The post will be vacant until an interim appointment is made.

The Gaming Commission is the watchdog agency that regulates the Osage Nation Million Dollar Elm casinos.

Legislation to increase Congressional compensation reviewed by Government Operations

Congressman Supernaw’s bill to increase the compensation package members of Congress receive may be expanded to cover all elected officials.  The Government Operations committee took up the bill yesterday, and the bill was tabled so that amendments could be drafted that would expand the measure’s coverage to all elected officials and members of the Judiciary.

The expansion amendment may be considered at the next GovOps meeting. I oppose the measure.

As always, please share your opinions and thoughts with me at your convenience.

With respect,

Raymond Red Corn
Osage Nation Congress
918-287-7400

Posted March 31, 2010

Update #117

The views, opinions and commentary in this update are those of Congressman Red Corn. They are his alone, and do not necessarily represent the views and opinions of the Osage Nation Congress.

Ethics amendment defeated

The Congress voted down an amendment to the Ethics law this morning that would have placed the Congress on the same footing as all other elected and appointed officials in the Nation when it comes to filing ethics complaints.  The vote leaves in place a special requirement that any complaint against a member of Congress must first be heard by members of Congress.

The amending bill failed on a 6-5 vote.  Voting yes for the amendment were Congresspersons Freeman, Edwards, Mason, Atterberry and Red Corn.  Voting no were Congresspersons Anderson, Red Eagle, Revard, Shackelford, Simms and Supernaw.  Congresswoman Branstetter was absent.

Final vote on Attorney General bill tomorrow

A bill to establish an office of Attorney General will be up for final vote tomorrow.  The vote is expected to be close, and may require a tie-breaker.

Bill introduced to increase Congressional compensation

Congressman Supernaw has introduced a bill to increase the amount of compensation members of Congress receive.  If the bill passes as introduced, the Osage Nation would expend an additional $2800 per Congressperson per year (maximum) to match contributions made by members.

Tribal councilpersons (or in this case, tribal congresspersons) may not contribute to Social Security, nor may tribal nations pay in Social Security taxes (FICA) on behalf of  tribal elected officials, according to the information provided to members of Congress.  If I understand it correctly, this bill authorizes the Nation to match retirement contributions by members of Congress (up to 5% of base pay) in lieu of Social Security contributions.

I oppose the measure.

As always, please share your opinions and thoughts with me at your convenience.

With respect,

Raymond Red Corn
Osage Nation Congress
918-287-7400
[email protected]

Posted March 14, 2010:

By Raymond Red Corn, Osage Nation Congressman

Democracies are messy, and the Osage Nation is no exception. The one thing that is exceptional is how this democracy was born. With few historical precedents in any nation or culture, those holding power, elected by a property-holding minority, voluntarily set in motion a process that ended with a transfer of that power to all descendants of the original Osage Allottees.

That remarkable transfer of power had a bargain built into it. The 31st Council, while transferring power, insisted the new government never, ever, mess with headright shares. Since 2006 the rhetoric spawned by our government’s reformation has centered on one question – is the bargain being honored by our present government?

Last week, the Osage Congress took up the Solomonic chore of deciphering the terms of that bargain. At issue was legislative language used to construct a sturdy framework for Minerals Council elections that could withstand a legal challenge if necessary. Simultaneously, the Congress had to fulfill a constitutional demand to create a law governing “all Osage Nation elections.” Like a TV talent show performer back in the ‘60s who kept several china plates spinning on sticks, the Congress was expected to perform those tricks and honor the constitutional independence of the Minerals Council at the same time.

To the Congress’s credit, I think we pulled it off.

Admittedly, only time will tell. But given the circumstances I have seldom been prouder of the body. On the eve of an election season, eight members of Congress bucked a wave of political pressure and cast a vote strengthening the integrity of the Minerals Council elections and our constitutional form of government.

This was made possible by a Minerals Council who, bucking the same pressure, voted 6-1 to ask Congress to act. In what amounted to a constitutional reality check, both bodies did what was necessary.

But that’s not the point.

The point is that today is Sovereignty Day, and the events above show what being a sovereign nation really means. It means Osages solving Osage problems, writing Osage law, and managing Osage affairs. We, meaning you and I and all other Osages and their elected representatives, govern the Osage Nation.

Still, some of our citizens openly long for a stronger federal hand on the shoulder of the Osage Nation. Indeed, the BIA’s quiet presence here is still required and necessary for minerals and trust purposes. Their presence provided stability and assurance during the governmental transition, and still does. But show me a tribal government still wholly dependent upon the BIA, and I’ll show you a tribal nation far removed from the successes of the independent, progressive tribes often mentioned when Osages say “why can’t we do things like the (insert name of successful tribe here)?”

The Osage Nation will get better at governing. Branches will eventually figure out how to get along and get things done. When this happens it will be because Osages made it happen, and because the bargain struck in the process of change is still honored.

Posted February 12, 2010

By Raymond Red Corn, Candidate for Osage Nation Congress

When the Osage people voted for this new government, many hoped for a new day in Osage politics. Few anticipated the time and treasure that would be spent on attorneys, and on inter-branch litigation.

Some of that litigation has been important and necessary, like the suits over the Independent Press Act and the Office of Fiscal and Performance Review. Other ongoing litigation is of questionable merit, and remains outrageously expensive. Consider one battle over the membership list which has cost the Congress alone $35,863, with the end nowhere in sight. Congress, appropriately, fixed the problem early on through legislation. This lawsuit, however, seems to have a life of its own.

Just last week the Congress voted 6-3 to explore new litigation over two Executive branch actions that have already been remedied by legislation. I opposed this new litigation based on two facts; recently passed legislation has made the Executive actions moot, and the Osage Supreme Court says one must be an injured party to have standing. When legislation has reversed the wrong, Congress is no longer an injured party.

Putting these facts forward in debate did not deter the majority (Congresspersons Anderson, Branstetter, Shackelford, Simms, Supernaw and Mason) from voting to explore new litigation. One must wonder how program directors feel after seeing Congress apply double-digit percentage cuts to program budgets, then spend thousands just to have attorneys determine the merits of cases that has already been legislatively resolved.

Until now, the Executive branch has filed each and every lawsuit, and they will likely have to answer hard questions on that subject in the upcoming election. Nevertheless, ill-advised actions of the Congress have at times been the cause of suits.

Consider the recent decision to override an Executive veto in a session following the session in which a law was passed. The Constitution is not entirely clear on whether or not Congress can do such a thing, but that’s not the point. Congress could have simply invested two hours to re-introduce the legislation, then passed it with time to override the veto in that session. That action, providing identical results, would have raised no constitutional question. Instead, Congress took an unprecedented shortcut, resulting in yet another lawsuit.

In three short months, Congress has spent over five thousand dollars defending that subsequent-session veto. That does not count the cost of Executive’s counsel or the time invested by staff attorneys on both sides. Once at trial, one may expect the total cost to match or exceed that of the membership litigation mentioned above.

I opposed the controversial vote that led to this suit over subsequent-session vetoes. I voted against exploring this new and unnecessary litigation. In both cases, I was in the minority.

The Osage people expect this government to work toward a healthy, prosperous future. That’s a difficult task if the Executive and Legislative branches are consumed with unnecessary fights over constitutional boundaries. If re-elected to Congress, I pledge continued opposition to expensive and unwarranted lawsuits between our branches of government.

Posted January 13, 2010

By Raymond Red Corn, Candidate for Osage Nation Congress

The majority in Congress was successful in lowering the budget to $23.9 million last week, but Osage citizens should be aware of potential problems evolving from the methods used to get there.

Here’s what members of the majority said in November: if the Nation budgets for $23 million, and the Executive branch spends only $18 million, and $5 million “returns” to the Treasury, that’s a problem. The solution: drop the budget by $4 million to “save” money.

Every program is different, but generally speaking I didn’t see this as a problem, but rather saw it as proof that most Osage Nation programs use money responsibly. Due to budgeting practices now in use by the Osage Nation Congress, directors may be changing their behaviors in ways they perceive will protect their programs and beneficiaries.

In recent years the Congress has taken to striking unfilled positions in program budgets using the logic that if it’s unfilled, the program doesn’t need it. The position may have been vacant for a while (for various reasons) or may be newly created. When program directors recognized the Congressional trend, some positions were filled for the sole purpose of protecting the position during the budget process, a natural reaction in most bureaucracies.

This year Congress, for the first time, set the budget by formula, establishing a limitation to congressional cuts below a level equal to the previous year’s program expenditures plus 10 percent. One can easily anticipate the result; Osage Nation program directors are learning – actually, being trained – to “use it or lose it”.

The majority in Congress has identified the practice of using only 80 percent of a program budget as a problem. After this year’s process, that “problem” will likely go away, along with the practice of spending program funds only as needed.

Unintended consequences are an occupational hazard in any legislature, but this consequence, while not intended, is likely to be very real. It is also likely to be very visible in the spending reports from FY2010.

Posted December 7, 2009

By Raymond Red Corn, Candidate for Osage Nation Congress

If you pay much attention to politics, you’ve heard the term “vision” used frequently. Here? Not lately. Strategic thinking has taken a back seat.

That’s unfortunate, for few tribal nations advance themselves without a vision. No tribal nation becomes successful by accident, although some may experience short-term success by windfall or luck. When tribal legislatures concern themselves with the smallest aspects of tribal governance, strategic thinking goes to the back burner.

This nation’s legislature should be focused on the future. Instead, our focus is often directed to the smallest of budgetary details, or to finding fault with other branches. This approach to governing may make us appear busy, or score a political point now and then, but will it make us great? Will it diversify our business interests beyond gaming? Will it ensure the sustainability of the benefits we already distribute? These questions are seldom asked, much less answered.

In the coming election some candidates will focus on personalities, while others focus on possibilities. I’m looking for candidates who believe, as I do, that there are no limits to what the Osage Nation can achieve with proper leadership and a common purpose.
Let’s identify those candidates, and give them our support.

www.raymondredcorn.com

Posted November 10, 2009

By Raymond Red Corn, Osage Nation Congressman seeking re-election

Every Osage legislator faces the challenge of solving problems collectively and establishing solutions through legislation. In that effort we can concentrate on issues or personalities.

When legislators concentrate on issues, government works as it should and the people benefit. When elected leaders focus on personalities, the improvement of the Nation and its people are no longer the focus of government. When people realize their elected leaders would rather fight than work together, they become disillusioned.

Judging from recent constituent email, that’s exactly what’s happening to the Osage Nation.

We need fewer words and more action, less rhetoric and greater vision. We need to establish a course and move this Nation forward. And we need a team of optimistic but pragmatic leaders to accomplish that.

We have the resources to be a great success story among tribal nations, but we will never get there fighting each other. Leaders can compromise without compromising their principles; our nation’s leaders must compromise and cooperate to move this nation forward.

Differences of opinion will always be with us. Resolving those differences in a productive and professional way is the challenge. I’ve met that challenge, and request your continued support as I seek election to the second Osage Congress.

What kind of nation do we desire? This question should be asked, and asked again over time. Without goals, we drift aimlessly from one piece of legislation to the next with no coherent plan or structure.

The Osage Nation Strategic Plan has been both helpful and controversial. Put in perspective, however, it is much easier to embrace than to ignore.

When a truly controversial bill or issue comes up, a congressperson may receive 15-20 emails and/or phone calls from concerned constituents. Measure that against the 300 Osages that showed up from all over the country for the plan’s finalization, plus the estimated 2000 participants. While the plan still has its detractors, I know of no stronger or emphatic expression of the will of the Osage people than the Strategic Plan.

Finally, I want to talk about the resources of the Osage Nation, and how they may be used. We are blessed with millions in surplus funds. How can we use these funds to secure our future?

First, we need increased investment in our holding company, Osage, LLC. This nation has but two significant sources of income; the Federal government and gaming. Neither is considered dependable long-term. Diversification, the hallmark of my first campaign, is still a must.

Second, we need a reserve account for long term liquid assets, but need to move beyond instruments bearing less than 2% interest. That’s how people (and tribes) with millions invest.

Last, we need to plan out our benefit packages for sustainability. Our tribe is growing rapidly, and new members are applying for benefits. We need studies of our growth rates to develop plans of how to make benefits sustainable.

I welcome questions. To reach me, or to subscribe to my periodic Updates, please write me at or call 918.287.7400.