PAWHUSKA — The Osage Nation Congress has authorized an investigation into allegations involving Principal Chief Joe Tillman and members of his administration.
Documents authorizing the retention of special counsel to investigate with a total budget of $50,000 cited the following allegations: 1. Principal Chief Joe Tillman issued Executive Order 26-01 on August 4, 2026 declaring a State of Emergency that did not exist, and without any basis in law to issue the order causing significant embarrassment and harm to the Osage Nation constituting malfeasance; 2. Principal Chief Joe Tillman utilized a false financial State of Emergency to close Daposka Ahnkodapi, the Visitor Center and Harvest Land constituting malfeasance; 3. Executive appointed staff, acting on behalf of Principal Chief Joe Tillman, pressured the Office of the Attorney General, an independent office, to file and or dismiss criminal charges against Treasurer Clark Batson based on possession of and cultivating peyote, a legal substance under Osage and federal law. He interfered with the prosecutorial independence of the Office of the Attorney General constituting malfeasance.
Eleven members of the Osage Nation Congress signed the authorization with Congressman John Maker being the only member who did not. The signed document allows the special counsel to move forward with examining the allegations and determining whether further action is warranted.
Budget concerns leading to major cuts
Part of the allegations involves Tillman’s declaration of a state of emergency in early August over the Nation’s financial circumstances. The allegation contends that an emergency did not exist when Tillman issued the executive order. The declaration came as Tillman’s administration was attempting to address what was described as “projected revenue shortfalls and ongoing budgetary constraints” in an Osage Nation press release.
In a July 24 statement, Tillman said the administration inherited an authorization of approximately $60 million while departmental budget requests totaled nearly $98 million. He said the difference required approximately $38 million in reductions.
“These decisions are not easy, but our responsibility is clear,” Tillman said in the statement. “We must protect the services our citizens depend upon, preserve the long-term financial health of the Nation, and ensure that every dollar entrusted to this administration is managed with integrity, accountability, and purpose.”
On Aug. 5, the Nation announced several major reductions as part of the effort to address those financial concerns. The closures included Daposka Ahnkodapi, the Osage language immersion school; the Osage Nation Visitors Center; and Harvest Land to go into effect on Dec. 31. The Nation estimated the changes would provide approximately $5 million in budget relief for fiscal year 2027 at the time. The administration said the cuts were necessary to address structural budget challenges, including an estimated $11 million annual funding gap associated with programs and facilities that had originally been established with temporary CARES Act and ARPA funding.
The closure of Daposka Ahnkodapi was particularly significant because of the school's role in Osage language education. The Nation said the school's annual operating budget exceeded $3 million and that a recent security assessment also identified facility and security improvements that would be necessary. At this time, Tillman had said the administration attempted to minimize the impact on citizens and employees while protecting essential services.
“Throughout this process, protecting direct services for our Osage people remained our highest priority,” Tillman said.
Two days after Tillman’s declaration, another press release contradicted the declaration in which a clean fiscal year 2025 audit presented by the Osage Nation Treasury Department identified over $7 million in unspent funds which improved the financial position of the Osage Nation. Tillman lifted the State of Emergency one week later. However, he maintained that the Executive Branch still faced a significant shortfall and subsequently asked Congress to amend the existing budgetary authorization and increase the fiscal year 2027 outlay to the Executive Branch from $60 million to $82 million.
“The completion of the fiscal year 2025 audit provides important clarity regarding the Nation’s financial position,” Tillman said. “While the audit identifies additional retained revenue, the Nation still faces a significant budgetary shortfall unless and until I receive a revised budgetary outlay from the Osage Nation Congress.”
The previously announced operational changes remained in place as part of the principal chief’s effort to align spending with projected revenues and prepare for the expiration of federal COVID-era funding. These closures were at the center of the second allegation listed on the authorization of special counsel documentation stated to constitute malfeasance or the intentional commission of an illegal, wrongful, or morally improper act.
Separate allegation
The final allegation listed concerns the Osage Nation attorney general and criminal charges involving Treasurer Clark Batson. The investigation is anticipated to examine whether the attorney general was pressured by Tillman’s office regarding charges against Batson.
Trial Court of the Osage Nation documents revealed a criminal complaint was filed on July 15. The complaint listed count one as a dangerous drug offense and count two as possession of drug paraphernalia. Under count one Batson was accused of possessing or cultivating peyote containing approximately one plant and ten grams witting the jurisdiction of the Osage Nation Trial Court. Under count two it was alleged that Batson possessed drug paraphernalia used to plant, cultivate or produce a controlled dangerous substance.
Under the American Indian Religious Freedom Act and its amendments, it is noted that it is lawful for any registered members of the Native American Church to transport, buy, sell, possess, or use peyote in any form in connection with recognized practices of the church. According to Osage News reports, possession of peyote is legal under Osage and federal law. At the time Tillman released the following statement on social media: “The Osage Nation Attorney General Law establishes the Attorney General’s Office as an independent agency, separate from the authority of the Principal Chief,” he said. “As Principal Chief, I am committed to upholding our Constitution, including the fundamental right to freely exercise religion, and the laws that safeguard that right. I respect the distinct roles of law enforcement, the judiciary, and all branches of our government, and I have confidence that the legal process will proceed fairly, impartially, and in accordance with Osage Nation law.”
Charges against Batson were ultimately dismissed with prejudice.
What’s next? The special counsel investigation could potentially lead to further proceedings involving Tillman if allegations are substantiated and the appropriate constitutional or legal requirements are met. However, the authorization itself does not establish that Tillman committed misconduct or that he will be removed from office.
Tillman responded to the congressional action in a statement on Sept. 4 which read, “While the allegations are without merit, I recognize their seriousness, respect Congress’s constitutional authority, and will cooperate fully with a fair, thorough, and impartial review of the facts.”
Tillman also maintained that his administration has operated within the authority granted to the Principal Chief under the Osage Nation Constitution.
“Our Nation is best served when its leaders are focused on solutions, cooperation, and results that move the Osage Nation forward,” he said.
The investigation now places the circumstances surrounding Tillman’s emergency declaration, the Nation’s budget decisions, and the allegations concerning his administration under formal review. At this stage, the allegations remain allegations, and the outcome of the special counsel’s investigation has not been determined.