Title
AN ACT AMENDING LEGISLATIVE ACT 45-21 RELATING TO CODIFYING THE BOARD OF EDUCATION FOR SEQUOYAH SCHOOLS
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This Act should henceforth be referred to as the 2024 Technical Amendments to the Act Codifying the Sequoyah High School Board of Education.
Section 2. Purpose
The purpose of this act is to clarify the composition of the Board of Education for Sequoyah Schools.
Section 3. Legislative History
Resolution 10-17
Resolution 72-86
LA-09-17
LA-45-21
Section 5. Substantive Provisions
1. Sequoyah High School is owned and operated by the Cherokee Nation and receives funding from the Bureau of Indian Education.
2. The Board of Education for Sequoyah Schools was established by Resolution 72-86 in 1986, under the leadership of Wilma P. Mankiller, as a contract school with the Bureau of Indian Affairs.
Section 6. Board Selection and Composition
1. The Board of Education should consist of five seats; two (2) members appointed by the Office of the Principal Chief and two (2) two members appointed by the Council of the Cherokee Nation. A fifth member should be selected by the majority of the board via a vote. All five seats shall be confirmed by the Council. Each board member should serve a term of three (3) years and have a term limit of two (2) consecutive terms.
2. At least four (4) of the five (5) Board Members shall be citizens of Cherokee Nation and if the remaining Board Member is not a citizen of Cherokee Nation the Board Member must be a citizen of a federally recognized tribe;
3. If a Board Member is a citizen of Cherokee Nation, the Board Member must be a registered voter and qualified to vote in elections of the Cherokee Nation;
4. If Board Members are citizens of Cherokee Nation, at least three (3) of the four (4) must reside within the boundaries of the fourteen (14) county area of the Cherokee Nation and if a Board Member is a citizen of a federally recognized tribe that tribe must be located in the State of Oklahoma;
5. Vacancies shall be filled, for the remainder of the existing term, as each seat was respectively appointed. At the end of a term, the Board Member shall holdover until a successor is appointed. Provided, the holdover of any Board Member as contemplated herein shall not exceed a period of more than six (6) months.
1. Current Board Members listed below shall remain on the Board until their current terms expire as indicated. Each current Board Member will be serving their first “term” for the purpose of determining term limits.
Section 7. Vacancies and Holdover
Vacancies shall be filled, for the remainder of the existing term, as each seat was respectively appointed. At the end of a term, the Board Member shall holdover until a successor is appointed.
Section 7. Removal from Office
a) Any member of the Board who, as the result of any legal impediment, is precluded from continued service shall be removed from the board as its next regular meeting or special meeting.
b) Any member of the board who misses consecutively three (3) regular meetings, and/or six regular meetings within a twelve-month period, may be removed from the board by a recorded vote if such absences are not determined by the remaining board members to constitute an unavoidable emergency;emergency.
c) Additionally, the Tribal Council or the Principal Chief may remove Board Members who each respectively appointed for just cause including: Willful neglect of duties; corruption in office; incompetency; or any conviction involving moral turpitude committed while appointed to the board (minor traffic offenses, and/or other such misdemeanors may not provide cause for removal).
Section 8. Ex-Officio Members of the Board
The Executive Director of the Cherokee Nation Education Department shall be designated as a non-voting ex-officio member of the Board. The Principal Chief may designate other non-employee, non-voting ex-officio members subject to terms and compensation equal to regular Board members except that terms will be defined in the appointment.
Section 9. Operations
The Board, when practical, shall meet on a monthly basis and all board meetings and records shall be subject to Freedom of Information and Privacy Rights 67 C.N.C.A. §101, et seq.
Section 10. Powers and Functions
The Board is responsible for:
1. Establishing and endorsing a philosophy of education for the school and academic standards; student rights, school board training, and other such policy and standards as needed;
2. Monitoring overall school operations including procedures, actions and general administrative direction for the school;
3. Recommending discharge or retention of employees in education positions to the Superintendent, however, all employees of Sequoyah Schools are subject to the policies and procedures of Cherokee Nation Human Resources. Those employees who are subject to the Employee Access to Justice Act, 51 C.N.C.A. § 10, et seq., can only be disciplined or terminated in accordance with that Act.
Section 11. Individual Members
The Board, while composed of individuals, acts only as a group. No individual action of a members can bind the board without specific written instructions endorsed by the board as a while, not can the board act legally outside regular or special called meetings. The Board may establish Officer positions within the Board and the process of assigning/electing such positions as needed to carry out the functions of the Board.
Section 12. Compensation
The Board of Education should be compensated monthly at the rate of $300 per month plus mileage. Mileage is to be calculated at the current government rate during each business month.
Section 13. Provisions as cumulative
The provisions of this act shall be cumulative to existing law.
Section 14. 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 15. Effective Date
The provisions of this act are effective at the date of its passage and are not retroactive.