Council of the Cherokee Nation - File #: 11-120

• File #: 11-120
• Version: 3
• Name: IMPEACHMENT PROCEDURES FOR ELECTED AND APPOINTED OFFICIALS ACT OF 2011
• Type: Legislative Act
• Status: Passed
• File created: 9/29/2011
• In control: TRIBAL COUNCIL
• On agenda: 2/13/2012
• Final action: 2/23/2012
• Enactment date: 2/23/2012
• Enactment #: LA-05-12
• Title: AN ACT REVISING TITLE 51 ("IMPEACHMENT"), CHAPTER 8, SECTIONS 81 - ? OF THE CHEROKEE NATION CODE ANNOTATED; AMENDING LA#10-02; AND DECLARING AN EMERGENCY
• Sponsors: Cara Cowan Watts, Buel Anglen, Lee Keener Jr., Chuck Hoskin Jr. , Jodie Fishinghawk, Tina Glory Jordan, Dick Lay, Frankie Hargis , David Thornton, Sr.
• Indexes: Impeachment
• Code sections: Title 51 - Officers and Employees
• Related files: LA-10-02

Date	Ver.	Action By	Action	Result
2/28/2012	3	OFFICE OF THE CHIEF	Signed
2/23/2012	3	TRIBAL COUNCIL	Approved	Pass
1/26/2012	3	RULES COMMITTEE	Tabled	Fail
1/26/2012	3	RULES COMMITTEE	Approved and Forwarded to Council	Pass
1/16/2012	1	RULES SUB COMMITTEE - IMPEACHMENT
1/16/2012	1	RULES SUB COMMITTEE - IMPEACHMENT
1/16/2012	1	RULES SUB COMMITTEE - IMPEACHMENT
1/16/2012	1	RULES SUB COMMITTEE - IMPEACHMENT
11/15/2011	1	RULES SUB COMMITTEE - IMPEACHMENT
10/27/2011	2	RULES COMMITTEE	Special Action	Pass
10/27/2011	2	RULES COMMITTEE	Referred
10/10/2011	1	RULES COMMITTEE	Referred	Pass

Title
AN ACT REVISING TITLE 51 ("IMPEACHMENT"), CHAPTER 8, SECTIONS 81 - ? OF THE CHEROKEE NATION CODE ANNOTATED; AMENDING LA#10-02; AND DECLARING AN EMERGENCY
Body
BE IT ENACTED BY THE CHEROKEE NATION:

BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title and Codification

This Legislative Act shall be titled as the “Impeachment Procedures for Elected and Appointed Officials Act of 2011” and codified as under Title 51, Chapter 8, Section 81 - ? of the Cherokee Nation Code Annotated (“CNCA”) .

Section 2. Purpose

The purpose of this Act is to establish procedures for impeachment of the Principal Chief, the Deputy Principal Chief, Tribal Council members, Attorney General or Marshal, hereinafter “Elected Officials.”

Section 3. Legislative History

Article XI §1 of the Cherokee Nation Constitution states, “The Principal Chief, Deputy Principal Chief, members of the Council, Attorney General and Marshal shall be subject to removal from office for willful neglect of duty, corruption in office, habitual drunkenness, incompetency or any conviction involving moral turpitude committed while in office.”

Article XI Section 1 of the Cherokee Nation Constitution states: "The Principal Chief, Deputy Principal Chief, members of the Council, Attorney General and Marshall shall be subject to removal from office for willful neglect of duty, corruption in office, habitual drunkenness, incompetency or any conviction of a felony, or a crime under the laws of the Cherokee Nation that if committed in some other jurisdiction would be a felony, or a misdemeanor involving moral turpitude or offenses against the Cherokee Nation committed while in office."

Article XI §2 of the Cherokee Nation Constitution states, “All other elective officers shall be subject to removal from office in such manner and for such causes as may be provided by laws passed by the Council.”

Article XI Section 2 of the Cherokee Nation Constitution states: "Except as otherwise provided in this Constitut...