Title
TITLE 19 COUNCIL (INCLUDES 2019 POCKET PART AND ADDITIONAL AMENDMENTS: SEE THE HEADER) - NOT AN OFFICIAL DOCUMENT
Body
*NOTICE: This document is provided as a courtesy. This document includes amendments to the Title 19 2019 Pocket Part as listed below and have not yet been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: <https://cherokee.legistar.com/Legislation.aspx>
Includes: LA 04-20, LA 05-20, LA 50-21, LA 18-24, LA 20-24, LA 21-24, LA 26-24 and LA 31-24
TITLE 19
COUNCIL
Chapter
1. General Provisions
2. Committees
3. Salaries and Expenses
4. Officers and Meetings
5. Governmental Records
6. Subpoena and Investigations
CHAPTER 1
GENERAL PROVISIONS
Section
1. Voting upon appointment to public office of persons related to Members of Council
2. Removal of Members of Council
3. Filling of vacancies
4. Repealed
5. Publication of Council minutes
§ 1. Voting upon appointment to public office of persons related to Members of Council
No Member of the Council shall vote for the appointment of any person to any office in the Nation who is related to such Member by affinity or consanguinity within the first degree.
LA 6-85, eff. July 13, 1985.
§ 2. Removal of Members of Council
Any Member of the Council may be removed by a majority vote of the other Members of the Council for willful neglect of duty, habitual drunkenness or conviction of any crime involving moral turpitude while in office.
LA 6-85, eff. July 13, 1985.
§ 3. Filling of vacancies
A. When a vacancy occurs in any office of elected councilors and there is one (1) year or less remaining of the four-year term, the Tribal Council shall appoint, by a majority vote of the remaining councilors, a person to fill the vacancy until the next General Election.
B. A vacancy occurs upon the effective date of the resignation of the Councilor, the death of a Councilor, the disability of the Councilor or the judicial determination of the inability to serve as Councilor.
C. If more than one (1) year remains of the four-year term, the Council shall authorize a special election in the district of the vacated seat to be conducted within ninety (90) days, unless a general election is to be held within one hundred and twenty (120) days from the vacancy at which time this special election may be held as part of the general election. This election shall be held as soon as practicable after the vacancy occurs.
D. The person appointed by the Tribal Council to fill the vacancy shall be a registered voter and tribal citizen in and of the District for which the deceased or disabled Councilor served.
E. To be eligible for appointment to fill a vacancy in an elected Councilor's office, a person must meet the same qualifications required for filing a declaration for candidacy for that office, as prescribed by law.
F. Applications by person(s) applying to fill the vacancy shall not be in any particular form, however, the application must include the person's name(s), address (both physical and mailing), phone number(s), and length of residence in the vacant District.
G. All applicants shall appear before the Rules Committee for interviews. The Chairperson of the Rules Committee shall notify all applicants of the specific date, time and place of said interview by regular mail. Further, public notice of said interviews shall be posted at least ten (10) days in advance. This notice shall be posted outside Cherokee Nation Tribal Council Chambers. Every effort should be made to publish the information concerning the procedures on how the vacancy will be filled throughout the appropriate District.
H. Cherokee Nation shall cause to be published the vacancy of office and said publication shall specify the District in which the vacancy exists, and a deadline by which the Cherokee Council shall receive applications for the position. This information shall be published in at least one (1) newspaper, which is circulated in the District in which the vacancy exists.
I. Nothing herein shall prevent Councilors from obtaining and submitting resumes of qualified candidates for consideration.
J. The Rules Committee shall forward one or more names to the next regular Council meeting for consideration. If more than one name is submitted to full Council, the Council shall vote for the candidate of their choice. If no candidate receives a majority of votes of those Councilpersons present and voting, then the last placed candidate shall be excluded and voting shall commence. This process shall continue until one (1) candidate receives a majority of votes cast.
K. All voting shall be done by public roll call.
L. Immediately after the candidate has received a majority of votes he or she shall be sworn in as Councilperson and assume office for the remainder of the unexpired term of the vacated office.
LA 6-85, eff. July 13, 1985. Amended LA 8-02, eff. March 15, 2002; LA 23-05, eff. June 28, 2005, LA 31-24, eff. September 16, 2024.
§ 4. Repealed by LA 34-07, eff. September 13, 2007
History
The repealed section, relating to employment of relatives of Council Members, was derived from LA 17-87.
§ 5. Publication of Council minutes
The approved minutes of each Council meeting, Executive Sessions excepted, will be published for public viewing on the Legislative Research Center on a regular monthly basis.
LA 18-87, eff. April 13, 1987.
LA 26-24, eff. July 15, 2024.
CHAPTER 2
COMMITTEES
Section
11. Standing Committees-Establishment
12. Standing Committees-Membership
13. Standing Committees-Jurisdiction and duties
14. Code Subcommittee-Establishment-Composition-Compensation of Members-Meetings
15. Repeal of prior legislation
§ 11. Standing Committees-Establishment
The following Standing Committees of the Council are hereby established:
1. Community Services
2. Rules Committee
3. Resources Committee
4. Executive and Finance Committee
5. Education and Culture Committee
6. Health Committee
LA 4-85, eff. July 13, 1985. Amended LA 27-88, eff. June 11, 1988; LA 32-89, eff. June 10, 1989; LA 14-91, eff. September 14, 1991; LA 4-95, eff. August 14, 1995; LA 36-07, eff. September 13, 2007.
§ 12. Standing Committees-Membership
Membership on all Standing Committees shall be by appointment of the Deputy Principal Chief with nominations for the appointments coming from the Council of Cherokee Nation. Without good cause shown, no appointment of a nominee shall be denied. All nominations shall be brought before the Council for approval and confirmation. The Principal Chief and Deputy Principal Chief shall serve as non-voting ex-officio members of any Standing Committee. The Council shall set the number of members to serve on each Standing Committee.
LA 4-85, eff. July 13, 1985.
§ 13. Standing Committees-Jurisdiction and duties
The Council shall define the jurisdiction and duties of the Standing Committees in the Rules of Procedure governing the Tribal Council.
LA 4-85, eff. July 13, 1985.
§ 14. Code Subcommittee-Establishment-Composition-Compensation of Members-Meetings
A Code Subcommittee is hereby established within the Rules Committee of the Council of Cherokee Nation to be composed of such members of the Rules Committee as the Chairman of that Committee shall appoint. The Code Subcommittee shall serve without additional compensation. The Subcommittee shall meet upon the call of the Chairman.
LA 38-07, eff. October 24, 2007.
§ 15. Repeal of prior legislation
Any and all resolutions, bills, or laws pertaining to establishing committees and the duties and procedures thereof are hereby repealed.
LA 4-85, eff. July 13, 1985.
CHAPTER 3
SALARIES AND EXPENSES
Section
21. Compensation of Council Members-Generally
22, 23. Repealed
§ 21. Compensation of Council Members-Generally
A. Tribal Council Member. Salaries of Council Members of Cherokee Nation shall be the average of the salaries paid to the Council Members or comparable office of the members of the five Civilized Tribes and the Eastern Band of Cherokees based on a survey conducted of available information. Provided that this amount shall not exceed Fifty Thousand Dollars ($50,000.00) or fall below Twenty-Eight Thousand Six Hundred Dollars ($28,600.00).
B. Salaries for future terms of elected officials. Annual salaries and any additional benefit, including non-monetary compensation, for the Principal Chief, Deputy Principal Chief, and members of the Council of the Cherokee Nation shall be determined by the Citizen Committee on Compensation.
1. The Citizens Committee on Compensation shall be comprised of five (5)total Cherokee citizens eighteen years of age (18) or older. Two (2)citizens shall be appointed by the Principal Chief, two (2) appointees by the Council of the Cherokee Nation, and a fifth member selected by the four appointees.
2.Appointments of the Principal Chief shall be made through an official letter to the Speaker of the Council, appointments by the Council of the Cherokee Nation shall be made through a Council Resolution, and the appointment of the fifth (5) member shall be made through an official letter to both the Principal Chief and Speaker of the Council of the Cherokee Nation.
3. 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 which will be a maximum of One Thousand Five Hundred Dollars ($1,500.00) per committee member.
4. The Citizens Committee shall reconvene no later than sixty (60) days following enactment of this Act and shall complete its findings and report within sixty (60) days thereafter. The Committee shall notify the Office of the Principal Chief and the Council of the Cherokee Nation of its findings upon submission of a written memorandum. This memorandum shall be signed by all members of the Committee to affirm consensus.
5.Beginning in November of 2023 the Principal Chief and the Council of the Cherokee Nation shall appoint citizens to the committee in staggered terms. In order to stagger terms initial appointments shall be made as follows:
Seat One (1), Chief Appointment, shall be appointed for one (1) year
Seat Two (2), Council Appointment, shall be appointed for two (2) years
Seat Three (3), Chief Appointment, shall be appointed for three (3) years
Seat Four (4), Council Appointment, shall be appointed for four (4) years
Seat Five (5), Committee Appointment, shall be appointed for five (5) years.
All subsequent appointments will be for a term of five (5) years.
The Citizen Committee on Compensation shall be authorized to select a Chair and such other officers as it deems warranted among its members to aid in the conduct of its meetings.
6. The Citizens Committee on Compensation shall reconvene in January of 2024 and biennially in evenly numbered years thereafter. The Committee shall issue any reports and findings on compensation by memorandum no later than March 31st of said years. The Committee shall notify the Office of the Principal Chief and the Council of the Cherokee Nation of its findings by written memorandum upon completion. This memorandum shall be signed by all members of the Committee to affirm consensus.
7. 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, the Treasurer’s Office and the Council of the Cherokee Nation's Financial Officer as sources of information and said report shall state clear and specific determinations as to increasing, otherwise enhancing or maintaining the status quo of compensation.
8. The final report of the citizen committee shall exclusively, by operation of law under this Act, set the salaries for all elected officials of the Cherokee Nation, and shall be effective upon issuance and commensurate with the following bi-weekly Cherokee Nation payroll cycle.
a. Reaffirmation as to Reports: To the extent not otherwise established by law, the the Council and the Principal Chief hereby reaffirm Final Reports of the Citizens Committee on Compensation of January 27, 2022 and of March 30, 2024 as valid and effective law by operation of Section 5.D.8 of this Act and otherwise ratify said reports as valid and effective delegations of the Council’s authority, and affirm the same as to any future reports of the Citizens Committee on Compensation issued pursuant to this Act and affirm all matters relating to compensation in all aforementioned reports as “salaries” within the meaning of Section 5.D.8 of this Act.
b. Implementation Authority: The Executive Director of Cherokee Nation Human Resources is authorized to implement the purposes, policies and provisions of this Act and, any Citizen Committee on Compensation Final Reports issued under authority of this Act, through practices, policies or procedures consistent with this Act.
9. Supreme Court: Consistent with the recommendation of Citizens Committee on Compensation Report of March 30, 2024, compensation for Justices of the Cherokee Nation Supreme Court is hereby aligned with that of the Council of the Cherokee Nation and any adjustments made thereto pursuant to future actions of the Citizens Compensation Committee to Council compensation, as follows:
a. Salary: Salaries of Justices of the Cherokee Nation Supreme Court shall be no less than members of the Council of the Cherokee Nation, with the salary of the Chief Justice no less than salary of the Speaker of the Council of the Cherokee Nation.
b. Fringe Benefits: Fringe benefits available to members of the Supreme Court shall be consistent with fringe benefits available to members of the Council of the Cherokee Nation.
c. Post Service Benefits: Post-service benefits available to former members of the Supreme Court, serving as of and after the date of this Act, shall be consistent with post service benefits made available to members of the Council of the Cherokee Nation.
LA 05-85, eff. July 13, 1985. Amended LA 24-87, eff. October 29, 1987; LA 11-91, eff. August 10, 1991; LA 05-95, eff. October 15, 1995, repealed by LA 17-09, eff. June 22, 2009. Amended LA 08-97, eff. May 12, 1997; LA 28-99, eff. December 18, 1999; LA 28-01, eff. August 13, 2001; LA 18-03, eff. August 18, 2003; LA 42-03, eff. December 30, 2003; LA 40-07, eff. November 20, 2007; LA 17-09, eff. June 21, 2009; LA 05-11, eff. February 22, 2011; LA 10-12, eff. March 13, 2012; LA 01-15, eff. March 11, 2015, LA 50-21, eff. November 15, 2021, LA 18-24, eff. May 30, 2024.
§§ 22, 23. Repealed by LA 17-09, eff. June 21, 2009
History
The repealed sections, relating to travel expense reimbursement of the Tribal Council, were derived from:
LA 05-85.
LA 19-87.
LA 30-88.
LA 08-97.
LA 23-99.
LA 05-09.
CHAPTER 4
OFFICERS AND MEETINGS
Section
31. Speaker and Deputy Speaker of the Council
32. Secretary of the Council
33. Time and place of sessions
33.1 Definitions
33.5. Attendance by means of electronic interactive device
34. Adjournment of sessions
35. Rules and procedure generally
36. Order of business
37. Roll call votes
37.5. Executive Session
COUNCIL ATTENDANCE
38. Short title
38.1. Purpose
38.2. Legislative intent
38.3. Quorum
38.4. Absence
38.5. Establishment of quorum
38.6. Compelling attendance
39. Legislative Aide
§ 31. Speaker and Deputy Speaker of the Council
The Speaker of the Council shall preside over meetings of the Council. When the Speaker of the Council is absent this function shall be performed by the Deputy Speaker of the Council or his/her designee.
LA 03-85, eff. July 13, 1985.
LA 20-24, eff. June 10, 2024.
§ 32. Secretary of the Council
The Council shall select from its membership a Secretary of the Council. The Secretary or his delegated deputy shall attend all meetings of the Council and be responsible for maintaining the journal and providing any clerical assistance requested by the Council.
LA 03-85, eff. July 13, 1985.
§ 33. Time and place of sessions
The Council of Cherokee Nation shall meet in regular session once a month at the seat of government of Cherokee Nation at Tahlequah at a time designated by the Council.
LA 03-85, eff. July 13, 1985.
LA 20-24, eff. June 10, 2024.
§ 33.1. Definitions
A. “Tribal Council Members” or “Members” means any duly elected or appointed members of the Cherokee Nation Tribal Council.
B. “Attendance” means being physically present and voting or being present and voting through the aid of a device or technology which provides two-way transmission of both visual and audio communication.
C. “Quorum of the Tribal Council” means twelve (12) members of the Tribal Council for regular and special sessions of the Tribal Council and a simple majority of Members for committees of the Tribal Council.
D. “Official Cherokee Nation business” means work or duties performed directly related to and for the benefit of or on behalf of the Cherokee Nation.
E. “Session” shall mean a regular Tribal Council meeting as set forth in Article VI Section 4 of the Cherokee Nation Constitution.
LA 04-20, eff. April 27, 2020.
§ 33.5. Attendance by means of electronic interactive device
A. At-Large Members of the Cherokee Nation Tribal Council may attend Tribal Council Committee meetings through the aid of a device which provides two-way transmission of both visual and audio communication, provided that there is otherwise a quorum physically present at the location of the meeting without counting the Members attending via electronic devices, and also provided that the physically absent Members are able to fully participate and vote through the aid of the interactive devices.
B. Any Member of the Tribal Council who is unable to attend a meeting or session because he or she is conducting official Cherokee Nation business may attend Tribal Council Committee meetings through the aid of a device which provides two-way transmission of both visual and audio communication, provided that there is otherwise a quorum physically present at the location of the meeting without counting the Members attending via electronic devices, and also provided that the physically absent Members are able to fully participate and vote through the aid of the interactive devices. Further this privilege may be extended to any Member of the Cherokee Nation Tribal Council who is unable to attend committee meetings provided that two-thirds (2/3) of the committee approves the circumstances or reason for the Council person being unable to be physically present.
C. Except as provided below, the provisions of the act do not apply to a Chairperson of a Committee.
LA 42-07, eff. December 27, 2007.
LA 04-20, eff. April 27, 2020.
D. In the event of extraordinary circumstances beyond the control of the Tribal Council, including but not limited to a war, strike, riot, crime, plague, pandemic or an event described by the legal term act of God (tornado, flood, earthquake, volcanic eruption, etc.), that prevent or inhibit Tribal Council Members from being physically present at a session or meeting, any and/or all Tribal Council Members, including the Chairperson, may attend a session or meeting through the aid of a device or technology which provides two-way transmission of both visual and audio communication, and the Tribal Council may convene a session or meeting with the Tribal Council Members in attendance either physically and/or through the aid of a device which provides two-way transmission of both visual and audio communication. All events of extraordinary circumstances shall be described and approved by a two-thirds (2/3) vote of the Tribal Council following the roll call of such meeting.
LA 04-20, eff. April 27, 2020.
§ 34. Adjournment of sessions
Sessions of the Council shall be adjourned to a day certain or the next Regular Session.
LA 03-85, eff. July 13, 1985.
§ 35. Rules and procedure generally
All proceedings, meetings, and sessions of the Council shall be conducted in accordance with recognized rules and procedures, and, where the same do not conflict with rules adopted by the Council, this chapter or the Constitution, said recognized rules and procedures shall be consistent with Robert's Rules of Order, revised edition.
LA 03-85, eff. July 13, 1985.
§ 36. Order of business
The order of business of each regular meeting of the Council of Cherokee Nation shall be as follows:
A. Call to order
B. Invocation
C. Roll call
D. Approval of minutes of previous meeting
E. State of the Nation address
F. Action of unfinished business
G. Committee reports
H. New business
I. Adjournment
LA 03-85, eff. July 13, 1985.
§ 37. Roll call votes
A roll call vote shall be called, the vote recorded on every law and, when requested by any Member of the Council, on individual resolutions and said vote shall be recorded in the permanent journal of the Council.
LA 03-85, eff. July 13, 1985.
§ 37.5. Executive Session
A. The Tribal Council and its Committees shall be able to go into Executive Session for the following reasons:
1. When discussion shall concern employment, retention or discharge of personnel;
2. When the question or the moral turpitude of any citizen of Cherokee Nation is discussed; or
3. When the decorum of the audience shall prejudice orderly administration of business.
B. Prior to going into Executive Session the specific reason and justification must be stated and made a part of the minutes of the meeting.
C. No subject other than the items specifically stated may be discussed in Executive Session.
D. Upon entering into Executive Session, no vote shall be taken nor any course of action be agreed upon by the Council.
E. All Executive Sessions shall be recorded. Upon leaving Executive Session, the tape shall be sealed and kept in a secure location by the Council staff. The recording shall not be made available to any party unless ordered by the Court of law with appropriate jurisdiction.
F. Nothing in this act shall prevent Councilors from privately meeting to obtain proprietary or sensitive information, provided that a quorum is not established at such meetings.
LA 38-04, eff. September 16, 2004.
COUNCIL ATTENDANCE
§ 38. Short title
This act shall be known and may be cited as "The Council Attendance Act of 1998."
LA 03-99, eff. January 28, 1999.
§ 38.1. Purpose
The purpose of this act is to allow the Council to ensure attendance of a quorum as defined in the Constitution of Cherokee Nation whereby they may conduct the necessary affairs of Cherokee Nation.
LA 03-99, eff. January 28, 1999.
§ 38.2. Legislative intent
The intent of the Council in enacting this act is to ensure legislative matters to be addressed by the Council are resolved in a timely manner without unreasonable or unwarranted delay.
LA 03-99, eff. January 28, 1999.
§ 38.3. Quorum
A quorum shall consist of at least two-thirds (2/3) of the Members of the Council thereof regularly elected and qualified.
LA 03-99, eff. January 28, 1999.
§ 38.4. Absence
Members are expected to attend all regular and special meetings scheduled in accordance with the Constitution of the Cherokee Nation. All absences should be noted on meeting minutes.
LA 03-99, eff. January 28, 1999.
LA 21-24, eff. July 15, 2024.
§ 38.5. Establishment of quorum
A quorum of the Council has been met when two-thirds of members are present. If the presence of a quorum is questioned by any Member, the Speaker of the Council or his/her designee shall direct a roll call, announce the results, and ensure the results are noted on the meeting minutes.
LA 03-99, eff. January 28, 1999.
LA 21-24, eff. July 15, 2024.
§ 38.6. Reserved
LA 03-99, eff. January 28, 1999.
LA 21-24, eff. July 15, 2024.
§ 39. Legislative Aide
A. The Legislative Aide shall be the custodian of all official recordings of Committee or Council meetings regardless of whether or not the Legislative Aide performed the actual recording. The Legislative Aide shall not release original records and shall maintain those records in a secure place.
B. The Legislative Aide shall maintain and not relinquish custody of the recordings except as provided herein.
C. The Legislative Aide shall make a public copy of the records for copying and inspection. Any citizen of Cherokee Nation, upon written request, may inspect and listen to a copy of the records in the offices of the Clerk.
D. The Legislative Aide shall make provisions upon written request for a copy of the records and tender of cost of copying by any citizen of Cherokee Nation to copy the records within forty-eight (48) hours.
E. After the expiration of three (3) years, the Legislative Aide shall transfer custody of the original records for archiving in the Cherokee National Historical Society.
LA 12-97, eff. July 14, 1997.
CHAPTER 5
GOVERNMENTAL RECORDS
Section
41. Short title
42. Purpose
43. Findings
44. Definitions
45. Requests for records
§ 41. Short title
This Act shall be known and may be cited as the Cherokee Nation Governmental Records Act.
LA 06-98, eff. February 9, 1998. Amended LA 21-12, eff. June 13, 2012; LA 15-14, eff. June 20, 2014.
§ 42. Purpose
The purpose of this Act is to provide for open access to each Member of the Council of Cherokee Nation ("Council") to all "records" as defined below prepared in the discharge of governmental duties of the "Cherokee Government" as defined below, and to provide procedures under which the Council and its Members shall obtain such records.
LA 06-98, eff. February 9, 1998. Amended LA 21-12, eff. June 13, 2012; LA 15-14, eff. June 20, 2014.
§ 43. Findings
The Council of Cherokee Nation finds as follows:
1. Pursuant to Article VI, Section 7 of the Cherokee Constitution of 1999, the Council, as the Legislative Department of the Government, has "the power to establish laws which it shall deem necessary and proper for the good of the Nation."
2. Among the constitutional duties of the Council are the responsibilities to oversee the implementation of the laws enacted by the Council and oversee the disbursement of funds appropriated by the Council. In order to carry out these duties, the Council must have access to all records of the Cherokee Government.
LA 06-98, eff. February 9, 1998. Amended LA 21-12, eff. June 13, 2012; LA 15-14, eff. June 20, 2014.
§ 44. Definitions
A. "Cherokee Government" means collectively, the Cherokee Nation, its elected officials, officers, employees, agents and contractors, or any of the Nation's constitutionally or statutorily created agencies, commissions, boards, corporations and their subsidiaries, or other entities, and their elected officials, officers, directors, employees, members, agents and contractors.
B. "Records" means all documents, including but not limited to any book, paper, photograph, microfilm, data files created by or used with computer software, computer tape, disk, and record, sound recording, film recording, video record or other material regardless of physical form or characteristic, created by, received by, under the authority of, or coming into the custody, control or possession of the Cherokee Government. "Records" does not mean computer software or nongovernmental personal effects.
LA 06-98, eff. February 9, 1998. Amended LA 21-12, eff. June 13, 2012; LA 15-14, eff. June 20, 2014.
§ 45. Requests for Records
A. Requests for records shall be in writing and addressed to the Director, CEO, or Supervisor of the Department, Agency, Entity or Principal Chief that is the subject of the request. The request shall identify with particularity the agency(ies) or other entity(ies) and/or the matter(s) which are the subject of the request. Said requests shall be delivered to the legislative aide of the Council, who shall enter said request in the records of the Council and shall deliver it to the Director, CEO, or Supervisor of the Department, Agency, Entity or Principal Chief that is the subject of the request on the same or the following working day.
B. The Director, CEO, or Supervisor of the Department, Agency, Entity or Principal Chief that is the subject of the request shall cause the records requested to be produced within ten (10) business days of the receipt of such request at no cost to the Council Member(s). If it is not possible to produce the requested record during the prescribed time limit, the Director, CEO, or Supervisor of the Department, Agency, Entity or Principal Chief that is the subject of the request shall, within the prescribed time limit, provide a written explanation to the Legislative Aide and Council Member(s) as to why the requested record cannot be made available. If the record cannot be made available at a later date, the Director CEO, or Supervisor of the Department, Agency, Entity or Principal Chief that is the subject of the request will include a statement as to when the record will be provided to the Council Member(s). In no event shall the total time to produce be extended beyond ten (10) business days from the date of the receipt of the initial request. The Cherokee Nation can extend the time to respond by an additional ten (10) days, but must provide written notification to the requesting party.
C. The Director, CEO, or Supervisor of the Department, Agency, Entity or Principal Chief that is the subject of the request shall provide the requested records to the requesting Council Member(s) and the Council's Legislative Aide so that the response is made a part of the records of the council. The Legislative Aide shall also provide a copy of all requested records to the Principal Chief and Speaker of the Council.
D. No confidentiality agreements affecting records covered by this Act or claim of privilege or confidentiality shall prevent the Council Members from having access to any records.
E. In the event that the record submitted to the Council Member(s) is "privileged or confidential" as defined under the federal Freedom of Information Act, 5 U.S.C. Section 552(b)(4) and the federal case law thereunder, is exempt from disclosure under the Cherokee Nation Freedom of Information and Rights of Privacy Act, as amended, or is confidential under Cherokee Nation law, that record shall, nevertheless, be produced or otherwise made available to the requesting Council Member(s); provided, however, that the producing Cherokee Government officer shall give notice to the Council Member(s) of such status and shall clearly mark each such record with the words "Privileged and Confidential." The Council Member(s) shall make no disclosures of such privileged or confidential records to third parties. Without limiting the generality of the foregoing, personal financial information, credit reports or other financial data obtained by or submitted to the Cherokee Government for the purpose of evaluating credit worthiness, obtaining a license, permit or for the purpose of becoming qualified to contract with the Cherokee Government shall be "privileged or confidential" under this Act.
F. Individual health, adoption, and medical records, records deemed classified by the Cherokee Nation or U.S. Government, records constituting attorney-client privilege and any records prohibited by law from delivery to the Tribal Council shall not be disclosable to the Council under this Act.
G. Nothing in this Act shall be construed to require the disclosure of any individual's social security number, date of birth, home address or Cherokee Citizenship number. Such information may be redacted even though the record is marked "privileged and confidential" pursuant to subsection (E).
H. Willful and malicious violation of this Act is a crime and upon conviction an individual shall be fined not more than One Hundred Dollars ($100.00) or imprisoned for not more than thirty (30) days for the first offense, shall be fined not more than Two Hundred Dollars ($200.00) or imprisoned for not more than sixty (60) days for the second offense, and shall be fined Three Hundred Dollars ($300.00) or imprisoned for not more than ninety (90) days for the third or subsequent offense.
LA 06-98, eff. February 9, 1998. Amended LA 21-12, eff. June 13, 2012; LA 15-14, eff. June 20, 2014.
CHAPTER 6
SUBPOENA AND INVESTIGATIONS
Section
51. Short title
52. Purpose
53. Definitions
54. Authority to conduct hearings-Procedures
55. Subpoena authority
56. Mandatory compliance
§ 51. Short title
This legislative act shall be known and may be cited as the "Cherokee Nation Subpoena and Investigation Act of 2000."
LA 18-00, eff. June 12, 2000.
§ 52. Purpose
The purpose of this act is to enable the Tribal Council to conduct necessary investigations and compel attendance of witnesses and production of documents at properly called hearings before Cherokee Nation Tribal Council.
LA 18-00, eff. June 12, 2000.
§ 53. Definitions
A. "Contempt" means a willful disregard or disobedience of a public authority, namely, the Cherokee Nation Tribal Council.
B. "Hearing" means a relatively formal proceeding where evidence is taken to determine issues of fact and to render decisions based on that evidence.
C. "Subpoena" means a command to appear at a certain time and place to give testimony upon a certain matter.
D. "Subpoena duces tecum" means a subpoena requiring the production of books, papers and other things, which are in the control or custody of the person served with process.
LA 18-00, eff. June 12, 2000.
§ 54. Authority to conduct hearings-Procedures
A. The Cherokee Nation Tribal Council shall have the authority to hold hearings and conduct investigation concerning matters in which the Council has oversight authority.
B. A hearing shall be called upon a majority vote of the Tribal Council at Regular Session. The agenda item calling for the hearing shall state the time and place at which the hearing is to be conducted. Further, the agenda shall state in detail the subject matter of the hearing.
C. The Tribal Council shall have authority to require the furnishing of such information, attendance of such witnesses and the production of such books, records, papers or other objects as may be necessary and proper for the purpose of the proceeding.
D. The Tribal Council or its designated representative may take the deposition of witnesses, within or without Cherokee Nation, in the same manner as is provided by law for the taking of depositions in civil actions of courts of record.
LA 18-00, eff. June 12, 2000.
§ 55. Subpoena authority
In furtherance of the powers granted in 19 CNCA § 54, the Tribal Council upon its own motion may, at any hearing:
1. issue subpoenas for witnesses;
2. issue subpoenas duces tecum to compel the production of books, records, papers or other objects, which may be served by any person in any manner prescribed for the service of a subpoena in a civil action; or
3. quash a subpoena or subpoenas duces tecum so issued; provided, prior to quashing a subpoena or subpoenas duces tecum the Tribal Council shall give notice to the necessary parties.
LA 18-00, eff. June 12, 2000.
§ 56. Mandatory compliance
A. In case of disobedience to any subpoena issued and served under this section or to Cherokee Nation Tribal Council requirement for information, or of the refusal of any person to testify to any matter regarding which he may be interrogated lawfully in a proceeding before the Tribal Council, the Tribal Council or its designated representative may apply to the District Court or to any Judge thereof for an order to compel compliance with the subpoena or the furnishing of information or the giving of testimony. Forthwith the Court or the Judge shall cite the respondent to appear and shall hear the matter as expeditiously as possible.
B. If the disobedience or refusal is found to be unlawful, the Court, or the Judge, shall enter an order requiring compliance. Disobedience of such an order shall be punished as contempt of court in the some manner and by the same procedure as is provided for like conduct committed in the course of judicial proceedings.
C. The Tribal Council shall have the authority to freeze the funding authorities of any department or agency within Cherokee Nation whose directors, employees, appointed or elected officials fail to comply with any subpoena issued and served under this section or fall to furnish information or refuse to testify to Cherokee Nation Tribal Council as required herein.
LA 18-00, eff. June 12, 2000.
The purpose of this Act is to repeal in its entirety Chapter 7, Sections 61-64 of Title 19 and Chapter 11, Sections 1101-1104 of Title 51, both titles of the Cherokee Nation Code Annotated. The need for this legislation arose upon the passage of Oklahoma State Question 788, which legalized marijuana for any medical use on a doctor’s recommendation. This Oklahoma legislation has legalized the medical use of marijuana by all Oklahomans, which include many Cherokee citizens, employees and elected officials.
LA 05-20, eff. April 27, 2020.
05-20, eff. April 27, 2020.