Tribe Members Enraged Over Hicks’ Hiring

Controversy surrounds the hiring of Eastern Band of Cherokee Indians Principal Chief Michell Hicks (l.) as executive director of the Tribal Gaming Commission when his term ends. Principal Chief-Elect Patrick Lambert currently holds the position. TGC board Executive Director Don Rose said the board hired an independent consultant to oversee filling the position.

When his term expires as Eastern Band of Cherokee Indians Principal Chief, Michell Hicks immediately will become executive director of the Tribal Gaming Commission—the position currently held by Principal Chief-Elect Patrick Lambert. Don Rose, chair of the TGC Board, said, “Mr. Hicks brings a wealth of directly related experience to the position. He will be an especially valuable addition to our organization during this period of growth and expansion in the gaming industry.”

To avoid any appearance of political influence, Rose noted the commission hired an independent Native American-owned firm, Valliant Consulting Group, based in Albuquerque, to oversee the hiring. Rose said the TGC provided a job description and Valliant advertised it, assessed the applicants, conducted interviews and provided the board a ranked list of the top three contenders. Rose said Hicks came in second and the TGC initially offered the job to the top-ranked candidate. However, that individual wanted a higher salary, so the board unanimously approved hiring Hicks, who will earn “in excess of $200,000 plus benefits,” Rose noted—more than the $185,000 he earned as chief.

Rose noted, “We tried our hardest to keep this objective, unbiased approach. Within the political arena, there’s always people who are extremely happy with the way things are done and people who are extremely unhappy with the way things are done.”

As proof of Rose’s statement, the announcement of Hicks’ new job created a tremendous backlash. According to documents provided by the attorney for the group known as the Eastern Band of Cherokee Indians for Justice and Accountability, last year Hicks recommended controversial pay raises and back pay for Tribal Council members; he did not receive a raise at the time but did receive back pay. Group member Amy Walker and others argue the raises were illegal. “I think that he’s not qualified to do that job because of some of the things he has done as principal chief. I understand there’s a lot of people who are upset,” Walker said.

In addition, in a perceived conflict of interest, the hiring of Hicks and contract negotiations occurred while he was still in office. The three members of the TGC board, which hires the executive director, all were appointed by Hicks.

Hicks is a certified public accountant and was the tribe’s finance director before serving 12 years as chief, Rose said. He added during that time Hicks became deeply familiar with the tribe’s Harrah’s Cherokee Casino daily operations, helped develop the tribe’s gaming industry and was involved in the soon-to-open Murphy casino. Hicks told the Smoky Mountain News, “I’m honored that the commission would consider myself in that position. It’s a very important position for the tribe, especially with the expansion measures that we are going through currently, and I’m looking forward to the opportunity.”