Several Sac and Fox Nation tribal members Thursday questioned the constitutionality of Second Chief Cheryl McClellan’s election and ongoing position within the tribe. McClellan was reportedly elected in August of 2007 and sworn in during October of that same year.
The concern is based on the second chief’s tribal membership.
According to documents provided by Wynona Boyd-Evans, chairman of the Sac and Fox Grievance Committee, the Sac and Fox Nation’s constitution states that dual membership is not allowed by the tribe.
“Persons born after date of Oct. 16, 1954, who possess one-eighth or more Sac and Fox Indian blood, shall be entitled to membership with the Sac and Fox Nation, provided that such person, enrolled with another tribe, shall first file a conditional relinquishment with the other tribe,” the constitution, as amended in 2002, states.
Boyd-Evans said she and others do not believe that McClellan should be allowed to continue in her current position because McClellan was a member of the Seneca-Cayuga Tribe of Oklahoma, as well as the Sac and Fox Nation, prior to her election and up to Sept. 21, Monday of this week.
“We take an oath where we swear to uphold the constitution and to protect the people so help us God,” Boyd-Evans said. “We can’t overlook the constitution. It’s what our tribe goes by, but no one seems to be listening to it.”
Questions of McClellan’s dual membership were officially raised last week when Sac and Fox Chief George Thurman was notified by Gwen McCormick Wilburn, secretary and head of enrollment, that she had received a phone call Sept.17 regarding “problems with McClellan’s enrollment,” Thurman said.
Thurman stated he immediately called together members of the Business Committee to discuss the allegations.
At the meeting, McClellan asked another committee member what that member would do if faced with a similar situation, Thurman said. The member suggested that “the ethical thing to do would be to take a voluntary absence while it’s investigated,” he said.
McClellan agreed and is currently on voluntary absence pending the internal investigation into her membership. During her absence, she is not allowed to participate in any meetings, Thurman said.
Thurman said he responded the same day as the allegations were made because the tribe is facing a busy time of transition for newly-elected officials and he believed he would want the investigation expedited if he were in McClellan’s predicament.
“If I was in that situation, I’d want to move quickly to clear my name so we can get on with business,” he said. “We need to get this done quickly and move on.”
Thurman said Thursday the tribe’s attorney general is also involved and is in the process of writing an opinion on the matter, which Thurman hopes will be completed by today or early next week.
As for the investigation, on Sept. 17, the Sac and Fox Enrollment Office sent a letter to the Seneca-Cayuga Tribe of Oklahoma asking for confirmation of McClellan’s enrollment with the Grove-based tribe.
“The following individual below may have dual membership in the Sac and Fox Nation and The Seneca-Cayuga Tribe of Oklahoma,” the Sept. 17 letter states. “She has stated she possesses blood of your tribe. The Sac and Fox Nation prohibits dual enrollment. Therefore, would you please certify if the below individual is an enrolled member of your tribe.”
The response received confirmed that Cheryl Lynn McClellan Tofpi, born Feb. 26, 1951, was enrolled with the Seneca-Cayuga Tribe of Oklahoma in June 1951. No termination date or relinquishment of McClellan’s enrollment with that tribe was provided in the response.
Although McClellan was enrolled with the Sac and Fox Nation prior to Oct. 16, 1954, additional sections of the 1937 constitution appear to require that each child born between the official census roll of the tribe and Oct. 16, 1954, should have parents who each are members of the tribe or the person must be admitted to membership by the council if only one parent is a member of the tribe.
A separate letter, in addition to the Sept. 17 response and which was filed with the secretary of the Sac and Fox Nation on Monday and signed by Seneca-Cayuga Enrollment Officer Logan Line, states, “On this date I received a notarized statement from Cheryl Lynn McClellan...requesting an unconditional relinquishment from the Seneca-Cayuga Tribe.”
The letter further states that the same day, McClellan’s “complete unconditional relinquishment” from the Seneca-Cayuga Tribe was effective, in accordance with the enrollment requirements of the Seneca-Cayuga Tribe.
Therefore, the questions that remain are whether the date of her birth exempts her from the dual enrollment prohibition and if her recent relinquishment of her enrollment with the Seneca-Cayuga Tribe protects her from violation of the tribe's constitutional guidelines.
When asked to comment about her absence, McClellan repeatedly said, “You need to talk to Chief George Thurman.”
McClellan refused to comment about her alleged dual membership.
Thurman said he doesn’t know how or when the matter will be settled because the investigation regarding McClellan’s enrollment is still ongoing.
The Sac and Fox Nation’s General Council, which was previously scheduled to meet in August, will meet Oct. 3 to discuss allocations of money generated by the tribe’s casinos, Boyd-Evans said. At that time, Boyd-Evans said she hopes Thurman will hear the opinion of the council and will either request that McClellan “resign her post, relinquish her membership or both.”
Boyd-Evans said that regardless of the Sept. 21 letter concerning McClellan’s unconditional relinquishment from the Seneca-Cayuga Tribe of Oklahoma, she believes McClellan should no longer represent the tribe.
“We’ve paid everything for her for two years and that’s a lot of money,” Boyd-Evans said. “We need to let the people know what has been going on. She’s a very educated woman so she has to know what she’s doing.”
Watch for further developments to this story.
