Congress overrides Chief Gray’s veto on gaming plan of operation

[Editor's Note: This story was originally published Nov. 3 and was modified on Nov. 18 for the purpose of clarification.]

The plan to cut more than $3 million by last-minute floor amendments from Osage Nation programs didn’t happen Monday as members of the Osage Nation Congress instead voted to send all budgets back to committee for another special session, this time to cut $6 million.

The majority view of Congress is that ONCA 09-63 the Office of the Chief Appropriation Act, ONCA 09-65 the Boards and Commissions Appropriation Act and ONCA 09-66 the Government Operations Departments and Programs Appropriations Act must be cut down from $33 million to $27 million, the FY 2010 projected revenue from the Nation’s gaming enterprise.

The Osage Nation Constitution states the Congress cannot appropriate more than the projected revenue.

Osage Nation Principal Chief Jim Gray vetoed the resolution ONCR 09-15 that approved the gaming plan of operation Oct. 28 in the 20th Special Session of Congress, citing a letter from the chairman of the Gaming Enterprise Board, Tom Slamans, which said he did not foresee the budgeting “implications” to the Nation by setting the projected revenue at $27 million.

“We respectfully request that we be allowed to adjust our plan of operations so that it fits more appropriately with the needs of the Osage people,” wrote Slamans in the letter. Slamans sent the letter Oct. 16.

The gaming enterprise board never turned in an adjusted budget and Congress overrode Gray’s veto Monday.

According to Congressman Mark Simms, Slamans spoke with Simms personally and told Simms that the only reason why the gaming board was going to adjust their gaming plan of operation was because Chief Gray “had a problem with it.”

Not true, Gray said.

“The reason why [Tom Slamans] wanted to request a revision was based on his unexpected realization that Congress was going to take their [plan of operation] and subtract it from their projected revenues and use that to establish a cap on spending for the rest of the Nation,” Gray said. “When [Slamans] realized that was the case he wanted to redesign his plan because he didn’t want the tribe to suffer.”

Gaming Enterprise Board Chair Tom Slamans did not return phone calls before this story was published. Chief Gray did not return phone calls before this story was published.

“It is not any of our jobs to interfere with our business entity,” Simms said. He said the reason why the projected revenue amount is lower than last year’s was because the Nation’s gaming enterprise budgeted for a major project in 2010. The Osage News could not verify Simms’ comment because the gaming plan of operation is confidential. Simms also said that the Nation was appropriated $25 million last year and only spent $19 million. Last year’s projected revenue from the gaming enterprise board was around $47 million.

Constitutional override?

Three members of Congress argued the constitutionality of the override made to ONCR 09-15 Monday, due to the fact that the veto was made in a prior session. Congress members Raymond Red Corn, Shannon Edwards and Debbie Atterberry abstained from voting for the override, the only three that didn’t vote for it.

“There’s nothing that says we can’t,” Congressman Mark Simms said. Legislative council Trey Gill referenced Article VI, section 13 of the Constitution that addresses veto overrides and said he did not see a time limit for a congressional override and the Constitution did not stipulate if an override has to take place during the same session the veto was made.

Edwards argued what would stop Congress from going back to all the bills vetoed by Chief Gray and overriding them as well? Gill said that he was sure a time stipulation would be in effect to prevent Congress from doing that. The Osage News could not find a time limit on veto overrides in the Constitution.

Gill had no comment for this story.

Congressman Raymond Red Corn said there was an easier way of getting the resolution passed than taking the chance of getting involved in a lawsuit with the Chief. He said Congress could have let the override stand and then reintroduced a similar bill during the 21st Special Session, got it passed and if vetoed, overrode the veto during the same session.

“The majority in Congress has unnecessarily put us at risk of yet another lawsuit by the Executive Branch,” Red Corn wrote in his e-mail newsletter. “These lawsuits cost tens of thousands of dollars to prosecute and defend in the Osage courts.”

Congressmen defend violation of Open Meetings Law and Congressional Rules

Congressmen Doug Revard and Eddy Red Eagle defended the closed door meeting held Oct. 27 when Congresswoman Debbie Atterberry responded to Congressman Doug Revard’s statement during Monday’s session that the Nation needs to operate openly, with transparency and that the Congress needed to be provided with more information about each program in order for Congress to safeguard “the People’s money .”

“You [Revard] talk about transparency, but you’re having closed door meetings . . . and if you want transparency why don’t you have it across the board,” Atterberry said. “We’re here to appropriate, not to budget.”

Congressman Revard fired back, “I don’t think I’ve ever been criticized for doing so much work!” Congressman Red Eagle said that the entire situation should be viewed as the Congress was just doing their job.

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