Council of the Cherokee Nation - File #: 09-012

• File #: 09-012
• Version: 2
• Name: TERO Prompt Payment Act of 2009
• Type: Legislative Act
• Status: Veto Sustained
• File created: 2/17/2009
• In control: RULES COMMITTEE
• On agenda: 6/25/2009
• Final action: 6/25/2009
• Enactment date: 3/16/2009
• Enactment #: LA-07-09
• Title: AN ACT AMENDING LEGISLATIVE ACT 38-05 TRIBAL EMPLOYMENT RIGHTS ORDINANCE, PROVIDING FOR PROMPT PAYMENT OF VENDORS
• Sponsors: Meredith Frailey, Cara Cowan Watts, Buel Anglen, Bill John Baker, Harley Buzzard, S. Joe Crittenden, Jodie Fishinghawk, Janelle Fullbright, Don Garvin, Tina Glory Jordan, David Thornton, Sr.
• Indexes: Prompt Payment, TERO, Tribal Employment Rights Ordinance
• Related files: LA-22-87, LA-29-88, LA-38-05

Date	Ver.	Action By	Action	Result
6/15/2009	2	TRIBAL COUNCIL	Referred	Pass
4/13/2009	2	TRIBAL COUNCIL	Tabled	Pass
3/23/2009	2	OFFICE OF THE CHIEF	Vetoed
3/16/2009	2	TRIBAL COUNCIL	Approved	Pass
2/26/2009	2	RULES COMMITTEE	Tabled	Fail
2/26/2009	2	RULES COMMITTEE	Approved and Forwarded to Council	Pass

Title
AN ACT AMENDING LEGISLATIVE ACT 38-05 TRIBAL EMPLOYMENT RIGHTS ORDINANCE, PROVIDING FOR PROMPT PAYMENT OF VENDORS
Body
BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title and Codification

This act shall be referred as the “TERO prompt Payment Act of 2009” and codified under Title 40 Section 32 of the Cherokee Nation Code Annotated (CNCA).

Section 2. Purpose

The purpose of this Act is to establish time frames by which TERO vendors will be paid for work they perform.


Section 3. Legislative History

Legislative act 22-87 TERO Ordinance
Legislative act 29-88 TERO Amendment
Legislative act 38-05 TERO Amendment
Article VI Section 7 of the Cherokee Nation Constitution:

“The Council shall have the power to establish laws which it shall
deem necessary and proper for the good of the Nation, which shall
not be contrary to the provisions of this Constitution. The style of
all bills shall be: “Be It Enacted By The Cherokee Nation”. The
style of all resolutions shall be “Be It Resolved By The Cherokee
Nation”.

Section 4. Definitions

Cherokee Nation:

Vendor:



Section 5. Substantive Provisions

There shall be a new Section 32 of Title 40 of the Cherokee Nation Code Annotated that shall read as follows:

§32 Payments to Vendors:

Payments

1. General. The Cherokee Nation will not make invoice payments earlier than seven (7) days prior to the due dates specified in the contract, unless:

a. To make earlier payment on case-by-case basis; or
b. Accelerated payments are necessary.

2. Payment date: Date on which a check for payment is dated, or if EFT, settlement date is date on which EFT payment is credited to contractor’s financial institution.

3. Interest Penalties:

a. Late Payment. Payment office will pay an interest penalty automatically, without request from contractors, when all conditions, if applicable, are met:

1) Proper invoice submitted,

2) No disagreement over quantity, or quality or contract compliance with any cont...