(Update: A copy of the settlement agreement discussed below was filed publicly on Wednesday, June 25. The following article remains in its original form.)
Oklahoma Gov. Kevin Stitt and a slate of state law enforcement leaders are criticizing a proposed settlement agreement set to be filed in federal court Wednesday morning to end the Muscogee Nation’s lawsuit against the City of Tulsa over criminal jurisdiction, under which the city would “dismiss all pending prosecutions of Indian defendants, not to initiate future prosecutions against any Indian defendant, and to refer tickets and charges to the nation to consider for prosecution,” according to a resolution passed by the tribe’s legislative body.
Approved unanimously on Saturday by the Muscogee National Council, TR-25-52 authorized Principal Chief David Hill to sign the settlement agreement with Tulsa Mayor Monroe Nichols, and it revealed for the first time details about the agreement, which must be approved by U.S. District Court Judge John D. Russell to settle the lawsuit filed in November 2023. Prior to the resolution being posted on an updated Muscogee National Council agenda, no public description of the settlement agreement’s terms had been released by either party.
“As a result of these settlement negotiations,” TR-25-52 reads, “the nation and the Tulsa defendants have determined that it is in the best interest of effectuating their shared public safety and law enforcement goals within their respective jurisdictions to reach a resolution of this litigation which would include entering into a proposed settlement agreement that includes, among other things, the Tulsa defendants agreeing to dismiss all pending prosecutions of Indian defendants, not to initiate future prosecutions against any Indian defendant, and to refer tickets and charges to the nation to consider for prosecution.”
Despite not possessing the full agreement for review, Stitt’s office and other officials — like Tulsa District Attorney Steve Kunzweiler — criticized the Nichols administration’s agreement in a press release Monday. Saying, “heaven help the City of Tulsa if this proposed settlement is implemented,” Kunzweiler noted that the city’s legal position on the topic of criminal jurisdiction over tribal citizens has reversed course since Nichols succeeded former Mayor G.T. Bynum in December.
“Why would the Tulsa mayor’s office choose to undermine a right it fought so hard to establish for the citizens of Tulsa following the O’Brien decision,” Kunzweiler said. “The idea that the City of Tulsa would abdicate its public safety charter and not allow the state to prosecute dangerous criminals solely based on their identity as an Indian is ludicrous. The state’s efforts to protect all citizens of Tulsa in no way infringes upon a tribe’s ability to do the same — whether they choose to do so or not. Kneecapping the Tulsa Police Department — one of the best in the country — from performing its public safety function puts all Tulsans in danger. Additionally, the City of Tulsa would stand out like a sore thumb in Tulsa County as every other law enforcement agency continues to refer dangerous criminals to prosecutors. It is my hope that wisdom prevails.”
Last week, attorneys for the Muscogee Nation and City of Tulsa filed a joint motion informing Russell that the parties intended to present the court with a settlement agreement by Wednesday, June 25.
On Tuesday, Nichols defended the agreement and announced that it would be released publicly at 10 a.m. Wednesday after he and Hill sign it.
“Unity moves not simply at the speed of agreement, but at the speed of trust. Over the last four years, that trust has been eroded time and again between our state leadership and our native brothers and sisters. Given the land we are all blessed to inhabit and share, I don’t believe a strong Tulsa is possible without the solemn acknowledgement of tribal sovereignty,” Nichols said. “From day one (of my administration), the policy of this city has been to remove ourselves from the courtroom regarding the pathway forward on jurisdictional issues in Indian Country. The policy sets on a foundation of values that are rooted in protecting Tulsans and standing with tribes in affirming tribal sovereignty.”
Nichols also criticized Stitt, and other officials, for arguing against the settlement without reviewing it.
“I encourage citizens not to simply listen to the false rhetoric. This settlement does not create two tiers of justice. It simply ensures defendants — no matter who they are — find themselves in the most appropriate courtroom to be prosecuted. This settlement does not address the underlying jurisdictional authority of the city, instead we are choosing to defer to tribal prosecution of Indian defendants and work through the technical challenges to make sure everyone that violates the law is held accountable,” Nichols said. “What I am most disappointed about are the other public officials who have — without fully reading the settlement — have jumped onboard with a gross mischaracterization of this settlement.”
Among state law enforcement leaders who issued quotes in Stitt’s press release were Oklahoma Secretary of Public Safety Tricia Everest, Public Safety Commissioner Tim Tipton, OSBI director Greg Mashburn, Oklahoma Bureau of Narcotics and Dangerous Drugs director Donnie Anderson, Tulsa County Sheriff Vic Regalado, and the chairman of FOP Lodge 93, Patrick Stephens.
“The citizens of Oklahoma are best protected with law enforcement takes a comprehensive approach,” Tipton said. “When a jurisdiction refuses to enforce our laws, all Oklahomans are put at risk. Oklahoma Highway Patrol will continue to investigate and arrest anyone who engages in criminal activity regardless of race, heritage, or political affiliation and I encourage all jurisdictions to do the same.”
Nichols said Tuesday that Stitt’s office should have engaged with tribes in more meaningful negotiations about criminal jurisdiction in the years following the U.S. Supreme Court’s 2020 decision in McGirt v. Oklahoma, which functionally affirmed eastern Oklahoma as a series of Indian Country reservations.
“This really is the work that the governor should have done post-McGirt in the first place, chose not to, and it put all of us across the state — particularly Tulsa given our unique situation, given the city is all Indian reservation — it put us in a really weird spot,” Nichols said. “I think because of that lack of leadership at the state is the reason why we ended up in litigation anyway. We would have been a lot better off if five years ago, whenever the McGirt opinion was made, if the governor had done exactly what we’re doing right now and figured out a pathway forward with tribes.”
State’s motion to intervene remains undecided
After the city and nation filed their joint motion June 17, Stitt immediately filed an objection to the proceedings, arguing the case should be dismissed or Oklahoma should be allowed to intervene as a party — as Stitt’s office requested earlier this year. Russell has not ruled on any of Stitt’s motions, meaning he would at least have to rule on them to approve the settlement agreement being submitted Wednesday.
Stitt’s June 17 objection was followed by a similar motion two days later from attorney Damario Solomon-Simmons, a descendant of Muscogee Freedmen. While not mentioning Solomon-Simmons, Nichols said Tuesday that the settlement would not affect the pending legal dispute between descendants of Muscogee Freedmen and the Muscogee Nation.
Last week, officials with both the City of Tulsa and the Muscogee Nation declined to release a copy of the draft settlement agreement before its scheduled signing Wednesday morning. Settlement negotiations are allowed to be secret and protected by confidentiality rules, but attorneys can agree to release a final draft if all parties approve of it.
At his press conference, Nichols discussed reasons for withholding the agreement’s terms until it is finalized.
“I don’t know in how many cases two parties craft out a settlement and they show everybody else in the world what is in that settlement. It has not been of any will to shield it from people, it has just been the matter of settling the court case,” Nichols said. “But tomorrow it will be available for everybody, which I think is one of reasons why I was so caught off-guard you had so many people commenting on something they had not seen.”
Stitt’s press release criticizing the proposed Muscogee-Tulsa settlement agreement came Monday as Nichols was announcing proposals for a new curfew to stem gun violence in the city.
“Tulsa is essentially making itself a sanctuary city for tribal members engaged in criminal activity. As elected leaders, it is our job to represent our constituents regardless of race, heritage, or political affiliation,” Stitt said. “This proposed move by Mayor Nichols sets a concerning precedent and will make it impossible for elected officials and Oklahoma law enforcement to protect their communities. I will take every action to reverse course and ensure the rule of law is the same for everyone.”
Stitt’s comments about sanctuary cities conflate tribal citizenship with undocumented immigration status, an awkward framing for tribal citizens living on land “forever set apart as a home” for the Muscogee Nation.
Asked about Stitt’s comments criticizing the settlement agreement at Monday’s presser over the weekend’s mass shooting at Tulsa’s Juneteenth celebration, Nichols criticized Stitt for not caring more about the gun violence in Tulsa. (Nichols also stressed during the conference that Tulsans interested in getting involved with decreasing violence in the community should reach out to resilient@cityoftulsa.org.)
“I think the governor — he’s been in a political battle for a long time, and that’s all right and good,” Nichols said Monday. “He and I sit in different seats, and we have different responsibilities. Today, I am most concerned about the condition of our children and youth, and I look forward to the governor joining me in that concern and maybe not wasting time talking about things that aren’t relevant to what’s happening right here, right now. There are kids in this community who have been victims of gun violence, and that’s not something he cares about, at least as far as you’ve told me. I look forward to working with him.”
As mayor, Nichols is authorized by the city charter to sign the Muscogee-Tulsa settlement agreement without city council approval because it does not include payments over $1 million.
