Council of the Cherokee Nation - File #: 12-078

• File #: 12-078
• Version: 2
• Name: ETHICS ACT AMENDMENT OF 2012
• Type: Legislative Act
• Status: Repealed
• File created: 5/17/2012
• In control: TRIBAL COUNCIL
• On agenda: 7/16/2012
• Final action: 7/15/2012
• Enactment date: 7/15/2012
• Enactment #: LA-25-12
• Title: A LEGISLATIVE ACT AMENDING LA-34-07 - DEFINING NEPOTISM, AND DEFINING ACCEPTABLE PARAMETERS FOR EMPLOYMENT AND CONTRACTING AND AMENDING TITLE 28, "ETHICS", ADDING NEW SECTIONS OF THE CHEROKEE NATION CODE ANNOTATED
• Sponsors: Jodie Fishinghawk, Tina Glory Jordan, Chuck Hoskin Jr.
• Indexes: Ethics, Sunshine Act
• Code sections: Title 28 - Ethics
• Related files: LA-31-89, 12-108, 07-117

Date	Ver.	Action By	Action	Result
10/15/2012	2	TRIBAL COUNCIL	Repealed
7/24/2012	2	OFFICE OF THE CHIEF	Returned Unsigned	Pass
7/16/2012	2	TRIBAL COUNCIL	Approved	Pass
7/16/2012	2	TRIBAL COUNCIL	Amended	Fail
6/28/2012	2	RULES COMMITTEE	Approved with Amendments	Fail
6/28/2012	2	RULES COMMITTEE	Approved and Forwarded to Council	Pass
5/31/2012	1	RULES COMMITTEE	Tabled	Pass

Title
A LEGISLATIVE ACT AMENDING LA-34-07 - DEFINING NEPOTISM, AND DEFINING ACCEPTABLE PARAMETERS FOR EMPLOYMENT AND CONTRACTING AND AMENDING TITLE 28, "ETHICS", ADDING NEW SECTIONS OF THE CHEROKEE NATION CODE ANNOTATED
Body
BE IT ENACTED BY THE CHEROKEE NATION: SECTION 1. TITLE AND CODIFICATION
This Act shall be known as the "Sunshine Ethics Act of 2012'' and codified in Title 28, Sections, 3, 10, 11, 12, 13, 19, 20, 21, and 30 of the Cherokee Nation Code Annotated.

SECTION 2. PURPOSE

The purpose of this Act is to codify the issues relating to conflicts of interest pertaining to employees and appointed and elected officials of the Cherokee Nation; use of businesses owned wholly or partially by Cherokee Nation employees and appointed and elected officials; employment of relatives of elected officials, including the prohibition of nepotism; and the parameters under which Cherokee Nation employees and officials must operate with respect to conflicts of interest.

The Cherokee Nation Constitution in Article X, Section 10, provides that, "No official, member or officer of the Council, Cabinet Member, employee of any official, Council, Cabinet, or subdivisions thereof, or any person employed in any capacity by the Cherokee Nation shall receive from any individual, partnership, corporation, or entity doing business with the Cherokee Nation directly or indirectly, any interest, profit, benefits, or gratuity, other than wages, salary, per diem, or expenses specifically provided by law." This Act is in part intended to specify those situations "provided by law" under which a transaction which would otherwise be prohibited by this section of the Constitution will be permitted.

SECTION 3. LEGISLATIVE HISTORY

This Act amends Title 28 of the Cherokee Nation Code Annotated concerning "Ethics" by amending §§ 3, 10 and 11 and Legislative Act 34-07.



SECTION 4. DEFINITIONS


Title 28 § 3 (F) is hereby amended by adding the following language:

F. "Instrumentaliti...