Title
AN ACT RELATING TO SALARIES FOR ELECTED OFFICIALS AND TECHNICAL AMENDMENTS ACT OF 2012 RELATING TO THE STIPEND FOR THE CITIZEN COMMITTEE
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This act shall be known as the Amendment to Legislative Act 10-12 for Payments to the Citizen Committee and codified under Title 19 and Title 51 of the Cherokee Nation Code Annotated.
Section 2. Purpose
The purpose of this act shall be to set stipend amounts for the Citizen Committee who sets the salaries for all elected officials of the Cherokee Nation.
Section 3. Legislative History
The Council of The Cherokee Nation previously enacted Legislative Act 10-12 on March 13, 2012; Legislative act 18-03 on July 14, 2003; Legislative Act 42-03 on December 3902993 and Legislative Act 40-07 on November 12, 2007; and Legislative Act 05-11 on February 14, 2011, which sets salaries for the Principal Chief, Deputy Principal Chief and Council of the Cherokee Nation, beginning with the term commencing August 14, 2007.
Section 5. Substantive Provisions
D. Salaries for Future Terms of Elected Officials
For all duly elected officials serving on August 2011, and thereafter the annual salaries for the Principal Chief, Deputy Principal Chief, and Council Members of the Cherokee Nation shall be based on the report submitted from a citizen committee.
1. The Citizens Committee shall be comprised of two (2) appointees by the Principal Chief, two (2) appointees by the Council of the Cherokee Nation, and a fifth Member selected by the four appointees.
2. The Citizens Committee shall be paid Five Hundred Dollars ($500.00) per committee member to cover all expenses they incur to attend up to three of their meetings.
3. The Citizens Committee shall convene prior to the filing period for elected offices In the election year of the Principal Chief to make its findings and report and meet every four (4) years thereafter. The committee shall submit their report prior to July 1st.
4. The Citizens Committee shall consider relevant comparative salary levels such as, but not limited to, salary information from other Tribal Governments, state and local governments, and the private sector. The Citizens Committee may use the Cherokee Nation's Human Resources and the Council of the Cherokee Nation's Financial officer as sources of information.
5. The report of the citizen committee shall set the salaries for all elected officials of the Cherokee Nation unless rejected by Legislative Act within sixty (60) days thirty (30) days, of the committee's report.
Section 6. Provisions as cumulative
The provisions of this act shall supercede any law to the contrary and be cumulative to existing law.
Section 7. Severability
The provisions of this act are severable and if any part of provision hereof shall be held void the decision of the Court so holding shall not affect or impair any of the remaining parts or provisions of this act.
Section 8. Emergency Declared.
It being immediately necessary for the welfare of the Cherokee Nation, the council hereby declares that an emergency exists, by reason whereof this act shall take effect and be in full force after its passage and approval.
Section 9. Self-Help Contributions
To the extent that this Act involves programs or services to citizens of the Nation or others, self-help contributions shall be required, unless specifically prohibited by the funding agency, or a waiver is granted due to physical or mental incapacity of the participant to contribute.