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File #: 12-113    Version: 1 Name: TRIBAL COUNCIL OVERSIGHT OF CHEROKEE NATION BUSINESSES ACT
Type: Legislative Act Status: Failed
File created: 8/22/2012 In control: TRIBAL COUNCIL
On agenda: 9/17/2012 Final action:
Enactment date: Enactment #:
Title: AN ACT TO PROVIDE FOR ADDITIONAL OVERSIGHT TO CHEROKEE NATION BUSINESS BY THE CHEROKEE NATION TRIBAL COUNCIL; AND DECLARING AN EMERGENCY
Sponsors: David Thornton, Sr.
Indexes: Cherokee Nation Businesses, Tribal Council
Code sections: ?? - Unknown
Related files: 12-098
Title
AN ACT TO PROVIDE FOR ADDITIONAL OVERSIGHT TO CHEROKEE NATION BUSINESS BY THE CHEROKEE NATION TRIBAL COUNCIL; AND DECLARING AN EMERGENCY
Body
BE IT ENACTED BY THE CHEROKEE NATION:
 
Section 1.      Title and Codification
 
This act shall be referred as the "Tribal Council Oversight of Cherokee Nation Business Act" and shall be codified as ____.
 
Section 2.      Purpose
 
The purpose of this Act is for the Cherokee Nation Tribal Council to have oversight and final approval of hiring and termination decisions regarding the CEO of Cherokee Nation Business and the contract provisions that include the compensation package that is proposed for this position.
 
Section 3.  Legislative History
a)      "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."
Article V ยง 7. Cherokee Nation Constitution.
 
Section 4.  Statutory Provisions
 
      a.  That once the board of directors of Cherokee Nation Business has selected the candidate for CEO, the Tribal Council of the Cherokee Nation shall have final approval of the CEO for Cherokee Nation Business, the compensation package to hire that individual and also the right to terminate the contract by two thirds (2/3) vote of the Council.
 
Section 5.      Provisions as cumulative
 
      The provisions of this act shall be cumulative to existing law.
 
Section 6.      Severability
 
      The provisions of this act are severable and if any part of provision hereof shall be held void the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this act.
 
Section 7.      Emergency Declared
 
      It being immediately necessary for the welfare of the Cherokee Nation, the Council hereby declares that an emergency exists, by reason whereof this Act shall take effect and be in full force after its passage and approval.