The Seminole County Board of County Commissioners and the Seminole County Public Building Authority voted to not extend a jail contract between Seminole County and the Seminole Nation of Oklahoma during a special meeting on Monday, July 19.

Although tribal representatives had requested the special meeting, they were absent when the commissioners entered into executive session to discuss the annual jail contract between Seminole County and the Seminole Nation of Oklahoma with Assistant District Attorney Candice Irby.

The only returning representative was General Council Brett Stavin, who explains that he actually works for a private firm and is not authorized to make any decisions for the tribe. Stavin clarified that he is not part of the newly elected Chief’s administration. Statin stated outside of the meeting that it was his understanding that the current Chief cannot sign a major agreement a month before he leaves office.

Seminole County Sheriff Shannon Smith explained that in April he had sent out letters that were hand-delivered to the Chief of the Seminole Nation and the Seminole Nation Chief of Police reminding them that the Seminole County jail contract expired at the end of June. Several representatives from the tribe attended the County Commissioners meeting on June 29 seeking an extension and scheduling the July 19 meeting so it would be after the July 10 Seminole Nation election, in which Lewis Johnson defeated incumbent Chief Greg Chilcoat.

Sheriff Smith stressed that he does NOT want it to appear that Seminole County is refusing to house any prisoners, but he is extremely concerned about the liability he would assume housing Seminole tribal members without the proposed contract. These concerns are even stronger due to the many uncertainties created by the recent Supreme Court’s Oklahoma v McGirt decision that, because Congress has never dissolved the borders of the Muskogee (Creek) reservation, the tribe retains jurisdiction in criminal cases that had previously been handed to the state. This ruling has since been extended to each of Oklahoma’s Five Civilized Tribes, which includes the Seminole Nation.

The Seminole County Jail is the only jail in the county, and the Sheriff’s office is responsible for maintaining the facility. They charge various entities, including the Seminole Nation, a daily rate for housing prisoners. The new contract includes a raise in the rate to cover increased costs for housing.