October 18, 2011
Today I want to inform you why I Pocket Vetoed two pieces of Legislation; ONCA 11-104, an Act to establish an Osage Nation Higher Education Scholarship Fund to be administered according to set policy; to set minimum criteria for education scholarships; to ensure that scholarship funds are prioritized; and ONCA 11-114, an act to establish a revolving fund in the Treasury for the employee loan program; to authorize and appropriate one hundred thousand dollars ($100,000) to the established fund; to authorize the employee loan program administrator to make limited expenditures out of the fund; to require policies and procedures to be revised and approved by the Osage Nation Congress. My intentions are not to eliminate any program which helps Osage people or employees.
Both ONCA 11-104 and ONCA 11-114 sought to establish revolving funds for the scholarship and employee loan programs. The utilization of a revolving fund would be appropriate for the employee loan program as monies are expended and then returned as employees pay back their loans; future appropriations may never be necessary. However, scholarship monies are not of the same variety. Additional appropriations are required ANNUALLY to pay scholarships to our students, as this money is never returned to the treasury; therefore a revolving fund is an inappropriate means of doing business.
I vetoed ONCA 11-104 for the reasons above as well as last minute amendments incorporated on the Congressional floor. Creating unclear mandates while also eliminating equal assistance to students attending tribal colleges such as Haskell, is the current substance of the legislation. Congresswoman Edwards, author of bill, is correct; the scholarship program should be reassessed in a thoughtful and fair manner in order to best serve students. However, Education Director Ida Doyle and her staff need time to discuss, research, and analyze what is best for ALL Osage students.
Scholarship monies were stricken from the Education Department’s budget in order to attach the money to ONCA 11-104. This political maneuver was meant to ensure passage of the bill. Congress was lead to believe the amendment did not affect scholarship monies at all; false information was stated while the Education Department’s budget was being voted on. As a result of this action funds were not appropriated for Fiscal Year 2012, including the upcoming spring semester.
Executive staff presented the Education Committee with three committee substitutes for ONCA 11-104, which sought scholarship monies until an agreement concerning eligibility criteria could be reached. New scholarship criteria and appropriations will be presented to the Congressional Education Committee during Special Session, scheduled to begin November 7.
ONCA 11-114 was the second piece of Legislation I choose to pocket veto.
Executive staff worked successfully with Congress to decrease the request from $605,000.00 to $100,000.00 for the employee loan program. This joint effort was in vain, as Congress insisted on enacting into law policies and procedures for the program; a clear managerial function of the Executive branch. Executive’s responsibility is to manage appropriations. Separation of powers becomes an issue when policy and procedures are codified.
I believe both bills establish unnecessary limitations on Executive’s administration of programs. The Education and Accounting Departments are fully capable of implementing and administering programs to the highest standards.
As Chief of the Osage Nation my first priority is service to my people. My decision to pocket veto these bills are not to cut services but to ensure the scholarship and loan programs are beneficial to EVERYONE.