An Act
LEGISLATIVE ACT 40-03
Title
AN ACT AMENDING TITLE 20, SECTION 37 OF CHEROKEE
NATION CODE ANNOTATED SETTING ANNUAL STIPENDS
OF THE JUDICIAL APPEALS TRIBUNAL AND CREATING
A SPECIAL CLASS OF EMPLOYEES PROVIDING FOR SEVERABILITY
AND DECLARING EMERGENCY
Body
BE IT ENACTED BY THE CHEROKEE NATION:
SECTION 1. TITLE AND CODIFICATION
This Act shall be titled as "Judicial Appeals Tribunal Compensation Act of 2003" to be codified under Title 20, Section 37 of the Cherokee Nation Code Annotated.
SECTION 2. PURPOSE
The purpose of this Act shall is to increase the annual stipend of the Judicial Appeals Tribunal Justices and designate them as a special class of employees with certain rights and benefits.
SECTION 3. LEGISLATIVE HISTORY
Article V. Section 7 The Cherokee Nation Constitution, Article VII of the Cherokee Nation Constitution, Title 20, Section 37 of Cherokee Nation Code Annotated, and Legislative Act 7-95.
SECTION 4. DEFINITIONS
A. Judicial Appeal Tribunal Justice means any duly appointed and confirmed member of the Judicial Appeals Tribunal who performs the duties of office under color of law.
R. Special Class of employee means the Justices of the Judicial Appeals Tribunal will be considered a special class of employees for travel purposes and insurance purposes.
SECTION 5. SUBSTANTIVE PROVISIONS
A. Title 20, Section 37 of the Cherokee Nation Code Annotated amended as follows:
Section 37 Salaries of Justices - the Salary for Justice of the Tribunal shall be $27,600 per annual; and the salary for Chief Justice shall be $28,800 per annual. The Justices of the Judicial Appeals Tribunal shall be considered a special class of employees for travel purposes. Justices of the Judicial Appeals Tribunal will be entitled to health insurance benefits that are offered to other elected and appointed officials of the Cherokee Nation. Justices of the Judicial Appeals Tribunal are exempt from any disciplinary action through the Human Resource Department Policy and Procedures. Justices of the Judicial Appeals Tribunal may only be disciplined or removed under provisions of the Constitution of the Cherokee Nation.
SECTION 6. CUMULATIVE
The provisions of this Act shall be cumulative to existing laws
SECTION 7 SEVERABILITY
The provisions of this Act are severable and if any part or 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.
Joe Grayson, Jr. President Council of the Cherokee Nation
ATTEST: Bill John Baker, Secretary Council of the Cherokee Nation
Approved and signed by the Principal Chief this 22 day of DECEMBER, 2003
ATTEST: Jay Hannah Secretary/Treasurer Cherokee Nation
YEAS AND NAYS AS RECORDED
Bill John Baker Yea Melvina Shotpouch Yea
Audra Smoke Conner Yea Meredith Frailey Yea
S. Joe Crittenden Yea John F. Keener Yea
Jackie Bob Martin Yea Cara Cowan Yea
Phyllis Yargee Yea Buel Anglen Yea
David Thornton, Sr. Yea William G. "Bill" Johnson Yea
Don Garvin Yea Charles "Chuck" Hoskin Yea
Linda Hughes-O'Leary Yea