Despite publicly voicing his frustrations with the process for several months, RedEagle did not speak during or after the removal vote. During a 10-minute recess after the removal vote, he left the Congressional chambers surrounded by family and friends who heckled and harassed members of the press as they attempted to ask the former chief for comment.
PAWHUSKA, Okla. – For the first time in its history, the Osage Nation has impeached an elected official.
On Jan. 21, the Osage Nation Congress voted to remove Principal Chief John D. Red Eagle on five of the six counts brought forward last year by a special Congressional committee.
“We’ve been called upon to be strong,” Congressman Kugee Supernaw said. “No one wanted this to happen. We had hoped it wouldn’t come to this.
“This is likely remembered as a defining moment in our history. This puts all current and future leaders on notice that they can’t pick and choose what laws to follow.”
In accordance with the tribe’s removal policies, at least 10 of the 12 members of Congress had to decide that there was “clear and convincing evidence” to vote for removal on an allegation. The five allegations deemed by Congress to have sufficient evidence include:
— Interfering with an investigation of the Osage Nation Attorney General’s office on May 31, 2013, into potentially fraudulent time sheets submitted by his grand-niece and adopted granddaughter, Macy Mashunkashey, over the course of six months. Mashunkashey has since resigned from her position with the Osage Nation’s substance abuse counseling program.
— Attempting to have the aforementioned attorney general’s office investigation terminated in an effort to give preferential treatment to Mashunkashey. Red Eagle admitted to calling the investigator over the case, Brian Herbert, to determine why the attorney general’s office was investigating the issue rather than the tribe’s human resources department, but denied threatening him with his job.
— Refusing to uphold a tribal law that delegates “full and sole control over all Minerals Estate accounts” to the Osage Minerals Council. The law was enacted in October 2011 with a veto override. In February 2012, Red Eagle wrote to the council that the accounts’ management would remain with the tribe’s treasury instead. During his testimony, Red Eagle reiterated several times that he believes the law to be unconstitutional.
— Abuse of power by withholding at least one contract between the tribe and pipeline consultant Rod Hartness from both the tribe’s newspaper, the Osage News, and the Bigheart Times. Both publications filed formal requests under the tribe’s Open Records Act in 2013 after Red Eagle’s office refused to disclose the terms during a legislative committee meeting. Neither outlet received a response for several months, prompting the Osage News to file a lawsuit that was eventually settled. While testifying on Jan. 17, Red Eagle admitted to breaking the Open Records Act by not responding to the requests within the law’s 10-day window and would not guarantee he would comply with the law if presented with the same situation.
— Breaking tribal and federal law by using tribal funds for more than two years to pay Paul Allen $73,000 to maintain and develop the chief’s personal website, www.johnredeagle.com and providing public relations assistance. A volunteer on Red Eagle’s 2010 campaign, Allen was fired by the tribe’s IT department for job abandonment less than three months before signing his first contract with Red Eagle’s administration. The defense was unable to show any physical proof of Allen’s work completed under the terms of his contracts.
“Mr. Allen didn’t work to earn his pay and that is an insult to all of our employees that come in here every day,” Congresswoman Alice Buffalohead said while debating the removal articles with other members of Congress.
“I’ve asked questions to help me understand these issues. I have 100 percent confidence in my vote. Change is inevitable and I guess it was naïve of me to think a removal trial would never happen here.”
Citing conflicting witness testimony, Congress voted unanimously to find Red Eagle not guilty of the sixth allegation that he interfered with the election board by prohibiting disciplinary action against the Osage Election Office supervisor, Alexis Rencountre.
Despite publicly voicing his frustrations with the process for several months, RedEagle did not speak during or after the removal vote. During a 10-minute recess after the removal vote, he left the Congressional chambers surrounded by family and friends who heckled and harassed members of the press as they attempted to ask the former chief for comment.
After the Congressional session adjourned, Supreme Court justice Jeanine Logan administered the oath of office to Assistant Chief Scott BigHorse.
BigHorse declined to comment and exited the chambers through a side door, escorted by a member of the Osage Nation Police Department. The following day, he issued a statement promising to help the tribe move forward during his months as principal chief.
“Yesterday our nation faced one of the most difficult days in our history. Yesterday is over; today I am looking forward to continuing the positive relationships we have established as a nation with our friends, in our communities, and with our business partners. I will continue the great work we are doing on our current projects such as the Enbridge pipeline project, our master campus plan, and our casino expansions, to name a few. I am also looking forward to working with Congress, our Judiciary, and our Minerals Council in whatever capacity I am needed to ensure the success of these projects and the unity of the nation going forward.”
BigHorse will serve as principal chief until July. On Friday morning, he nominated attorney Terry Mason Moore to fill the now-vacant position of assistant chief. A resident of Fairfax, Okla., Moore was RedEagle’s general legal counsel prior to his removal and was part of his defense team during the trial. She is among the five assistant chief candidates on the March 10 primary election ballot.
The nomination is pending approval of the Osage Nation Congress. As of the close of business Friday, a special session to consider Moore’s nomination has not been announced.
In addition to voting to remove Red Eagle, Congress also voted 11-0 with one abstention to disqualify the former chief from holding any position of “honor, trust or profit” within the tribe. Geoffrey StandingBear, a candidate in the March primary election for principal chief, abstained from the vote.
Prior to the proceedings, Red Eagle filed paperwork to run for a second term as principal chief and during the trial, was certified as a candidate. The former chief’s name was not among those drawn Jan. 22 when the Osage Nation Election Board determined the ballot order for the tribe’s primary election.