Hoskin indicated he had not yet been contacted by concerned constituents, but that the struggle seems to be internal.

“In hearing about the takeover, most constituents would probably assume we’ve been involved,” he said. “I think the biggest problem is our not being a part of that process.”

According to two resolutions passed by the tribal council, 11-93 and 15-06, the principal chief has the authority to “negotiate and execute each associated funding agreement to operate programs, services, functions and activities of the Indian Health Service as authorized by the compact.”

The first resolution, 11-93, was passed with full support of the council in February 1993, during Chief Wilma Mankiller’s tenure. The second, 15-06, reaffirmed the original resolution and was passed in March 2006, also with full support and endorsement of the council under Chief Chad Smith’s administration.

Hoskin agreed there may be legislation in place providing the chief with authority to enter into such agreements.

“I’m going back to my office to review the information,” he said. “It may be that we need to amend that legislation to require the chief, to at the very least, ask the council for ratification when he enters into such an agreement. It surprises me a previous council would have given up this power.”

While the chief may legally be permitted to enter into such agreements, Hoskin pointed out it is up to the council to make budget allocations.

“The one thing the council has is the power of the purse,” he said. “They can approve a takeover, and we can agree to not allocate one thin dime to its pursuit. It’s really the only leverage we have.”

Frailey stipulated that indeed, the tribal council “has authority from a financial oversight capacity in approving the budget covering the assumption of the [hospital] operations.”

“The decision to approve a budget for that purpose will involve careful consideration and deliberation by tribal council members,” wrote Frailey. “Specifically, the tribal council has authority as a legislative body and as a representative of the Cherokee people to be involved in the planning and analysis of assuming operations at WWHIH. During a recent CN Health Committee meeting, a request was made and approved to involve the tribal council in an advisory capacity to serve on the negotiation team when those conversations begin with IHS.”

In addition to Frailey, members include Jack Baker, Brad Cobb, and Bill John Baker.

“The purpose of the request was to keep the tribal council informed as planning proceeds and to provide requested input, if necessary, in the negotiations,” Frailey wrote.

She also indicated she plans to consider three options in her final analysis of whether the Cherokee Nation should assume operations of HIMC. Her questions include:

• Should the operations of HIMC continue under IHS?

• Should operations be privatized?