Council of the Cherokee Nation - File #: 12-108

• File #: 12-108
• Version: 2
• Name: Cherokee Nation Ethics Act of 2012
• Type: Legislative Act
• Status: Passed
• File created: 8/15/2012
• In control: TRIBAL COUNCIL
• On agenda: 10/15/2012
• Final action: 10/15/2012
• Enactment date: 10/15/2012
• Enactment #: LA-40-12
• Title: A LEGISLATIVE ACT REPEALING THE SUNSHINE ETHICS ACT AND ALL SUBSEQUENT AMENDMENTS AND CREATING A NEW ETHICS ACT ENTITLED "THE CHEROKEE NATION EHTICS ACT OF 2012"
• Sponsors: Tina Glory Jordan, Jodie Fishinghawk, Chuck Hoskin Jr.
• Indexes: Ethics, Sunshine Act
• Code sections: Title 28 - Ethics
• Related files: LA-31-89, 07-117, LA-13-04, 12-078

Date	Ver.	Action By	Action	Result
10/17/2012	2	OFFICE OF THE CHIEF	Signed
10/15/2012	2	TRIBAL COUNCIL	Approved	Pass
9/27/2012	2	RULES COMMITTEE	Approved and Forwarded to Council	Pass
9/27/2012	2	RULES COMMITTEE	Tabled	Fail
8/30/2012	1	RULES COMMITTEE	Tabled	Pass

Title
A LEGISLATIVE ACT REPEALING THE SUNSHINE ETHICS ACT AND ALL SUBSEQUENT AMENDMENTS AND CREATING A NEW ETHICS ACT ENTITLED "THE CHEROKEE NATION EHTICS ACT OF 2012"
Body
BE IT ENACTED BY THE CHEROKEE NATION:
SECTION 1. TITLE AND CODIFICATION

This Act shall be known as the "Cherokee Nation Ethics Act of 2012” and codified in Title 28, 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; contracting with relatives of elected officials, 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 repeals Title 28 of the Cherokee Nation Code Annotated concerning "Ethics" which is the Sunshine Ethics Act and all of its subsequent amendments and enacts the a new ethics code which shall be entitled the “Cherokee Nation Ethics Code of 2012”.

SECTION 4. DEFINITIONS

A. "Instrumentalities" means Cherokee Nation Government and any entities in which the Cherokee Nation is the s...