Title
ACT RELATING TO THE ACCOUNTABILITY OF ELECTED OFFICIALS OF THE CHEROKEE NATION
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This act shall be known as the “Government Officials’ Accountability Act of 2007” and codified as _____________ (Title) ___________ (Section) ______________ of the Cherokee Nation Code Annotated (CNCA).
Section 2. Purpose
The purpose of this Act is to require accountability from elected officials by requiring disclosure of business interests and potential conflicts of interest, setting out penalties for causing harm to the Nation by disclosures of privileged and confidential information to external parties, and describes acts of treason and sedition against the Nation and consequences for these actions. The Act protects employees’ personnel records from distribution, and clarifies which business relationships are conflicts of interest and which are permitted by law.
Section 3. Legislative History
The Governmental Records Act was enacted on February 9, 1998, providing for requests and furnishing of records to elected officials. Article X Section 10 of the Constitution of the Cherokee Nation prohibits any elected official, cabinet member, or employee of the Nation from receiving from any entity doing business with the Nation any interest, profit, benefits or gratuity other than wages, salary or expenses. The Cherokee Nation Ethics in Government Act is codified at 28 CNCA.
Section 4. Definitions
For purposes of this Title:
A. “Conflict of Interest” means a situation in which an elected or appointed official or employee of the Nation has a decision-making role in an official or fiduciary capacity from which he or she stands to benefit personally because of another relationship. The appearance of a conflict of interest is present if there is a potential for the personal interests of an individual to clash with official or fiduciary duties.
B. “Employee” means any person engaged for his or h...
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