Council of the Cherokee Nation - File #: 09-161

• File #: 09-161
• Version: 1
• Name: Cherokee Nation Employment Rights Act
• Type: Legislative Act
• Status: Tabled Indefinitely
• File created: 10/14/2009
• In control: EXECUTIVE AND FINANCE COMMITTEE
• On agenda: 10/29/2009
• Final action: 12/15/2009
• Enactment #: N/A
• Title: AN ACT SUPERSEDING CHEROKEE NATION LAW REGARDING LABOR AND THE EMPLOYMENT RIGHTS ORDINANCE AND DECLARING AN EMERGENCY
• Sponsors: Cara Cowan Watts, Jack D. Baker, Buel Anglen
• Indexes: TERO, Tribal Employment Rights Offices, Tribal Employment Rights Ordinance
• Code sections: Title 40 - Labor and Employment
• Related files: LA-29-88, LA-22-87

Date	Ver.	Action By	Action	Result
12/15/2009	1	EXECUTIVE AND FINANCE COMMITTEE	Tabled Indefinitely	Pass
11/17/2009	1	EXECUTIVE AND FINANCE COMMITTEE	Tabled in Toto	Pass

Title
AN ACT SUPERSEDING CHEROKEE NATION LAW REGARDING LABOR AND THE EMPLOYMENT RIGHTS ORDINANCE AND DECLARING AN EMERGENCY
Body
BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title 40, § 1001 shall read as follows:

Title and Codification

This Act supersedes the Cherokee Nation Employment Rights Ordinance, Cherokee Nation Code Annotated, Title 40, Chapters One through Six, Sections 1 through 65. This Act shall be codified at Title 40, Sections 1001 et seq. and shall be known as the “Cherokee Nation Employment Rights Act.”

Section 2. Title 40, § 1002 shall read as follows:

Legislative History

The Cherokee Nation previously enacted the Cherokee Nation Employment Rights Ordinance, effective January 11, 1986, by Legislative Act 22-87, and as amended by Legislative Act 29-88 and 38-05. This Act repeals said legislation and supersedes said legislation as codified at Cherokee Nation Code Annotated, Title 40, Chapters One through Six, Sections 1 through 65.

The purpose of this Act is to replace the current Cherokee Nation Employment Rights Ordinance, codified at Cherokee Nation Code Annotated, Title 40, Chapters One through Six, Sections 1 through 65, and to supersede said law to: clarify the responsibilities of those entities involved in employment rights; to conform the Act to federal and tribal policies; and to clarify requirements regarding Indian preference.

Section 3. Title 40, § 1003 shall read as follows:

Purpose

One of the most meaningful things that a government can advocate for its citizens and their families is self-reliance. Employment and financial success of Cherokees and Cherokee-owned businesses promotes the Nation’s strategy for economic self-reliance. The purpose of this Title is to develop self-reliance by encouraging Cherokee citizens and other Indians to the greatest extent feasible to develop the skills, talents and abilities to be competitive in the employment and business environment. The Cherokee Nation may use its contra...