Title
TITLE 19 COUNCIL (INCLUDES 2016 POCKET PART)
Body
Chapter
1. General Provisions
2. Committees
3. Salaries and Expenses
4. Officers and Meetings
5. Governmental Records
6. Subpoena and Investigations
TITLE 19 COUNCIL
7. Drug testing for elected officials
CHAPTER 1 GENERAL PROVISIONS
Section
1. Voting upon appointment to public office of persons related to Members of Council
2. Removal of Members of Council
3. Filling of vacancies
4. Repealed
5. Publication of Council minutes
§ 1. Voting upon appointment to public office of persons related to Members of Council
No Member of the Council shall vote for the appointment of any person to any office in the Nation who is related to such Member by affinity or consan- guinity within the first degree.
Source. LA 6-85, eff. July 13, 1985.
History
Indians 217. Westlaw Topic No. 209.
Library References
§ 2. Removal of Members of Council
Any Member of the Council may be removed by a majority vote of the other Members of the Council for willful neglect of duty, habitual drunkenness or conviction of any crime involving moral turpitude while in office.
Source. LA 6-85, eff. July 13, 1985.
History
Indians 218. Westlaw Topic No. 209.
Library References
18 CNCA § 3
§ 3. Filling of vacancies
COUNCIL
A. When a vacancy occurs in any office of elected councilors, the Tribal Council shall appoint, by a majority vote of the remaining councilors, a person to fill the vacancy until the next General Election. Provided that if there are twenty-four (24) months or more remaining of the term of office that has been vacated then the vacancy shall be filled by Special Election by the electorate of that District.
B. A vacancy occurs upon the effective date of the resignation of the Councilor, the death of a Councilor, the disability of the Councilor or the judicial determination of the inability to serve as Councilor.
C. If more than twenty-four (24) months remain of the Councilor’s term whose office is vacated, then a Special Election shall be called to elect an individual to fill the remaining term. This election shall be held as soon as practicable after the vacancy occurs. The election shall be conducted in accor- dance with the Cherokee Nation Election Code, 26 CNCA.
D. The person appointed by the Tribal Council to fill the vacancy shall be a registered voter and tribal citizen in and of the District for which the deceased or disabled Councilor served.
E. To be eligible for appointment to fill a vacancy in an elected Councilor’s office, a person must meet the same qualifications required for filing a declara- tion for candidacy for that office, as prescribed by law.
F. Applications by person(s) applying to fill the vacancy shall not be in any particular form, however, the application must include the person’s name(s), address (both physical and mailing), phone number(s), and length of residence in the vacant District.
G. All applicants shall appear before the Rules Committee for interviews. The Chairperson of the Rules Committee shall notify all applicants of the specific date, time and place of said interview by regular mail. Further, public notice of said interviews shall be posted at least ten (10) days in advance. This notice shall be posted outside Cherokee Nation Tribal Council Chambers. Every effort should be made to publish the information concerning the procedures on how the vacancy will be filled throughout the appropriate District.
H. Cherokee Nation shall cause to be published the vacancy of office and said publication shall specify the District in which the vacancy exists, and a deadline by which the Cherokee Council shall receive applications for the position. This information shall be published in at least one (1) newspaper, which is circulated in the District in which the vacancy exists.
I. Nothing herein shall prevent Councilors from obtaining and submitting resumes of qualified candidates for consideration.
J. The Rules Committee shall forward one or more names to the next regular Council meeting for consideration. If more than one name is submitted to full Council, the Council shall vote for the candidate of their choice. If no candidate receives a majority of votes of those Councilpersons present and voting, then the last placed candidate shall be excluded and voting shall
GENERAL PROVISIONS 19 CNCA § 5
commence. This process shall continue until one (1) candidate receives a majority of votes cast.
K. All voting shall be done by public roll call.
L. Immediately after the candidate has received a majority of votes he or she shall be sworn in as Councilperson and assume office for the remainder of the unexpired term of the vacated office.
History
Source. LA 6-85, eff. July 13, 1985.
Amended. LA 8-02, eff. March 15, 2002.
Amended. LA 23-05, eff. June 28, 2005.
Library References
Indians 217. Westlaw Topic No. 209.
§ 4. Repealed by LA 34-07, eff. September 13, 2007
History
The repealed section, relating to employment of relatives of Council Members, was derived from LA 17-87.
§ 5. Publication of Council minutes
The approved minutes of each Council meeting, Executive Sessions excepted, will be published in the Cherokee Phoenix in their entirety on a regular monthly basis.
Source. LA 18-87, eff. April 13, 1987.
History
Section
CHAPTER 2 COMMITTEES
11. Standing Committees-Establishment
12. Standing Committees-Membership
13. Standing Committees-Jurisdiction and duties
14. Code Subcommittee-Establishment-Composition-Compensation of Members- Meetings
15. Repeal of prior legislation
§ 11. Standing Committees-Establishment
The following Standing Committees of the Council are hereby established:
1. Community Services
2. Rules Committee
3. Resources Committee
4. Executive and Finance Committee
5. Education and Culture Committee
6. Health Committee
Source. LA 4-85, eff. July 13, 1985.
Amended. LA 27-88, eff. June 11, 1988.
Amended. LA 32-89, eff. June 10, 1989.
History
Amended. LA 14-91, eff. September 14, 1991.
Amended. LA 4-95, eff. August 14, 1995.
Amended. LA 36-07, eff. September 13, 2007.
Indians 210. Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
Library References
§ 12. Standing Committees-Membership
Membership on all Standing Committees shall be by appointment of the Deputy Principal Chief with nominations for the appointments coming from the Council of Cherokee Nation. Without good cause shown, no appointment of a nominee shall be denied. All nominations shall be brought before the Council for approval and confirmation. The Principal Chief and Deputy Principal Chief shall serve as non-voting ex-officio members of any Standing Committee. The Council shall set the number of members to serve on each Standing Committee.
Source. LA 4-85, eff. July 13, 1985.
History
Indians 217. Westlaw Topic No. 209.
Library References
COMMITTEES 19 CNCA § 15
§ 13. Standing Committees-Jurisdiction and duties
The Council shall define the jurisdiction and duties of the Standing Commit- tees in the Rules of Procedure governing the Tribal Council.
History
Source. LA 4-85, eff. July 13, 1985.
Indians 210. Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
Library References
§ 14. Code Subcommittee-Establishment-Composition-Compensation of Members-Meetings
A Code Subcommittee is hereby established within the Rules Committee of the Council of Cherokee Nation to be composed of such members of the Rules Committee as the Chairman of that Committee shall appoint. The Code Sub- committee shall serve without additional compensation. The Subcommittee shall meet upon the call of the Chairman.
History
Source. LA 38-07, eff. October 24, 2007.
§ 15. Repeal of prior legislation
Any and all resolutions, bills, or laws pertaining to establishing committees and the duties and procedures thereof are hereby repealed.
History
Source. LA 4-85, eff. July 13, 1985.
Section
CHAPTER 3 SALARIES AND EXPENSES
21. Compensation of Council Members-Generally 22, 23. Repealed
A. Tribal Council Member. Salaries of Council Members of Cherokee Nation shall be the average of the salaries paid to the Council Members or comparable office of the members of the five Civilized Tribes and the Eastern Band of Cherokees based on a survey conducted of available information. Provided that this amount shall not exceed Fifty Thousand Dollars ($50,000.00) or fall below Twenty-Eight Thousand Six Hundred Dollars ($28,600.00).
B. Salaries for future terms of elected officials. For all duly elected officials serving on August 2011, and thereafter the annual salaries for the Principal Chief, Deputy Principal Chief, and Council Members of the Cherokee Nation shall be based on the report submitted from a citizen committee.
1. The Citizens Committee shall be comprised of two (2) appointees by the Principal Chief, two (2) appointees by the Council of the Cherokee Nation, and a fifth member selected by the four appointees.
2. The Citizens Committee shall be paid Five Hundred Dollars ($500.00) per committee member to cover all expenses they incur to attend up to three of their meetings which will be a maximum of One Thousand Five Hundred Dollars ($1,500.00) per committee member.
3. The Citizens Committee shall convene prior to the filing period for elected offices in the election year of the Principal Chief to make its findings and report and meet every four (4) years thereafter. The commit- tee shall submit their report prior to July 1st.
4. The Citizens Committee shall consider relevant comparative salary levels such as, but not limited to, salary information from other Tribal Governments, state and local governments, and the private sector. The Citizens Committee may use the Cherokee Nation’s Human Resources and the Council of the Cherokee Nation’s Financial Officer as sources of information.
5. The report of the citizen committee shall set the salaries for all elected officials of the Cherokee Nation unless rejected by Legislative Act within thirty (30) days, of the committee’s report.
Source. LA 05-85, eff. July 13, 1985.
Amended. LA 24-87, eff. October 29, 1987.
Amended. LA 11-91, eff. August 10, 1991.
History
Amended. LA 18-03, eff. August 18, 2003.
Amended. LA 42-03, eff. December 30, 2003.
Amended. LA 40-07, eff. November 20, 2007.
Amended. LA 05-95, eff. October 15, 1995,
repealed by LA 17-09, eff. June 22, 2009.
Amended. LA 08-97, eff. May 12, 1997.
Amended. LA 28-99, eff. December 18, 1999.
Amended. LA 28-01, eff. August 13, 2001.
Amended. LA 17-09, eff. June 21, 2009.
Amended. LA 05-11, eff. February 22, 2011.
Amended. LA 10-12, eff. March 13, 2012.
Amended. LA 01-15, eff. March 11, 2015.
SALARIES & EXPENSES 19 CNCA §§ 22, 23
Repealed
Cross References
Compensation from other sources-Compensation information publicly available-Health insur- ance and retirement options-Insurance policies-Recalculation of salaries, see 51 CNCA
§ 2.
Library References
Indians 216. Westlaw Topic No. 209.
C.J.S. Indians § 59.
§§ 22, 23. Repealed by LA 17-09, eff. June 21, 2009
History
The repealed sections, relating to travel ex- pense reimbursement of the Tribal Council, were derived from:
LA 05-85.
LA 19-87.
LA 30-88.
LA 08-97.
LA 23-99.
LA 05-09.
Section
CHAPTER 4
OFFICERS AND MEETINGS
31. President of the Council
32. Secretary of the Council
33. Time and place of sessions
33.5. Attendance by means of electronic interactive device
34. Adjournment of sessions
35. Rules and procedure generally
36. Order of business
37. Roll call votes
37.5. Executive Session
COUNCIL ATTENDANCE
38. Short title
38.1. Purpose
38.2. Legislative intent
38.3. Quorum
38.4. Absence
38.5. Establishment of quorum
38.6. Compelling attendance
39. Legislative Aide
§ 31. President of the Council
The Deputy Principal Chief shall preside over meetings of the Council, as President of the Council, and in his absence this function shall be performed by any Member whom the Council shall designate.
History
Source. LA 03-85, eff. July 13, 1985.
Indians 210, 216. Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
Library References
§ 32. Secretary of the Council
The Council shall select from its membership a Secretary of the Council. The Secretary or his delegated deputy shall attend all meetings of the Council and be responsible for maintaining the journal and providing any clerical assistance requested by the Council.
Source. LA 03-85, eff. July 13, 1985.
History
Indians 210, 216. Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
Library References
OFFICERS & MEETINGS 19 CNCA § 34
§ 33. Time and place of sessions
The Council of Cherokee Nation shall meet in regular session once a month on the second Saturday at the seat of government of Cherokee Nation, three miles south of Tahlequah, Oklahoma, commencing at 9 a.m.
History
Source. LA 03-85, eff. July 13, 1985.
Indians 210. Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
Library References
§ 33.5. Attendance by means of electronic interactive device
A. At-Large Members of the Cherokee Nation Tribal Council may attend Tribal Council Committee meetings through the aid of a device which provides two-way transmission of both visual and audio communication, provided that there is otherwise a quorum physically present at the location of the meeting without counting the Members attending via electronic devices, and also provided that the physically absent Members are able to fully participate and vote through the aid of the interactive devices.
B. Any Member of the Tribal Council who is unable to attend a meeting or session because he or she is conducting official Cherokee Nation business may attend Tribal Council Committee meetings through the aid of a device which provides two-way transmission of both visual and audio communication, pro- vided that there is otherwise a quorum physically present at the location of the meeting without counting the Members attending via electronic devices, and also provided that the physically absent Members are able to fully participate and vote through the aid of the interactive devices. Further this privilege may be extended to any Member of the Cherokee Nation Tribal Council who is unable to attend committee meetings provided that two-thirds (2/3) of the committee approves the circumstances or reason for the Council person being unable to be physically present.
C. The provisions of the act do not apply to a Chairperson of a Committee.
History
Source. LA 42-07, eff. December 27, 2007.
Library References
Indians 210. Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 34. Adjournment of sessions
Sessions of the Council shall be adjourned to a day certain or the next Regular Session.
Source. LA 03-85, eff. July 13, 1985.
History
19 CNCA § 34
COUNCIL
Indians 210. Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
Library References
§ 35. Rules and procedure generally
All proceedings, meetings, and sessions of the Council shall be conducted in accordance with recognized rules and procedures, and, where the same do not conflict with rules adopted by the Council, this chapter or the Constitution, said recognized rules and procedures shall be consistent with Robert’s Rules of Order, revised edition.
Source. LA 03-85, eff. July 13, 1985.
Indians 210. Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 36. Order of business
History
Library References
The order of business of each regular meeting of the Council of Cherokee Nation shall be as follows:
A. Call to order
B. Invocation
C. Roll call
D. Approval of minutes of previous meeting
E. State of the Nation address
F. Action of unfinished business
G. Committee reports
H. New business
I. Adjournment
Source. LA 03-85, eff. July 13, 1985.
History
Indians 210. Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 37. Roll call votes
Library References
A roll call vote shall be called, the vote recorded on every law and, when requested by any Member of the Council, on individual resolutions and said vote shall be recorded in the permanent journal of the Council.
OFFICERS & MEETINGS 19 CNCA § 38
Source. LA 03-85, eff. July 13, 1985.
Indians 210. Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 37.5. Executive Session
History Library References
A. The Tribal Council and its Committees shall be able to go into Executive Session for the following reasons:
1. When discussion shall concern employment, retention or discharge of personnel;
2. When the question or the moral turpitude of any citizen of Cherokee Nation is discussed; or
3. When the decorum of the audience shall prejudice orderly administra- tion of business.
B. Prior to going into Executive Session the specific reason and justification must be stated and made a part of the minutes of the meeting.
C. No subject other than the items specifically stated may be discussed in Executive Session.
D. Upon entering into Executive Session, no vote shall be taken nor any course of action be agreed upon by the Council.
E. All Executive Sessions shall be recorded. Upon leaving Executive Ses- sion, the tape shall be sealed and kept in a secure location by the Council staff. The recording shall not be made available to any party unless ordered by the Court of law with appropriate jurisdiction.
F. Nothing in this act shall prevent Councilors from privately meeting to obtain proprietary or sensitive information, provided that a quorum is not established at such meetings.
Source. LA 38-04, eff. September 16, 2004.
History
COUNCIL ATTENDANCE
§ 38. Short title
This act shall be known and may be cited as ‘‘The Council Attendance Act of 1998.’’
19 CNCA § 38.1
§ 38.1. Purpose
COUNCIL
The purpose of this act is to allow the Council to ensure attendance of a quorum as defined in the Constitution of Cherokee Nation whereby they may conduct the necessary affairs of Cherokee Nation.
History
Source. LA 03-99, eff. January 28, 1999.
Library References
Indians 210. Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 38.2. Legislative intent
The intent of the Council in enacting this act is to ensure legislative matters to be addressed by the Council are resolved in a timely manner without unreasonable or unwarranted delay.
Source. LA 03-99, eff. January 28, 1999.
History
Indians 210. Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 38.3. Quorum
Library References
A quorum shall consist of at least two-thirds (2/3) of the Members of the Council thereof regularly elected and qualified.
History
Source. LA 03-99, eff. January 28, 1999.
Library References
Indians 210. Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 38.4. Absence
No Member of the Cherokee Nation Tribal Council shall absent himself or herself from attendance at regular or special meetings, as defined in Article V, Sections 4 and 5 of the Cherokee Constitution of 1975 [now Article VI, Sections 4 and 5], without leave.
OFFICERS & MEETINGS 19 CNCA § 39
§ 38.5. Establishment of quorum
If, at any regular or special council meeting, as defined in Article V, Sections 4 and 5 of the Cherokee Constitution of 1975 [now Article VI, Sections 4 and 5], a question shall be raised by any Councilor as to the presence of a quorum, the President of the Council shall forthwith direct the Secretary to call the roll and shall announce the result, and these proceedings shall be without debate.
History
Source. LA 03-99, eff. January 28, 1999.
Library References
Indians 210. Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 38.6. Compelling attendance
Whenever upon such roll call it shall be ascertained that a quorum is not present, a majority of the Council present may direct the Chief of the Marshal Service to request and, when necessary, to compel the attendance of the absent Councilor(s), which order shall be determined without debate, and pending its execution, and until a quorum shall be present, no debate nor motion, except to adjourn or to recess pursuant to a previous order entered by unanimous consent, shall be in order.
Source. LA 03-99, eff. January 28, 1999.
History
Indians 210. Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 39. Legislative Aide
Library References
A. The Legislative Aide shall be the custodian of all official recordings of Committee or Council meetings regardless of whether or not the Legislative Aide performed the actual recording. The Legislative Aide shall not release original records and shall maintain those records in a secure place.
B. The Legislative Aide shall maintain and not relinquish custody of the recordings except as provided herein.
C. The Legislative Aide shall make a public copy of the records for copying and inspection. Any citizen of Cherokee Nation, upon written request, may inspect and listen to a copy of the records in the offices of the Clerk.
D. The Legislative Aide shall make provisions upon written request for a copy of the records and tender of cost of copying by any citizen of Cherokee Nation to copy the records within forty-eight (48) hours.
E. After the expiration of three (3) years, the Legislative Aide shall transfer custody of the original records for archiving in the Cherokee National Histori- cal Society.
19 CNCA § 39
COUNCIL
Source. LA 12-97, eff. July 14, 1997.
Indians 210. Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
CHAPTER 5 GOVERNMENTAL RECORDS
41. Requests for records
§ 41. Short title
This Act shall be known and may be cited as the Cherokee Nation Govern- mental Records Act.
Source. LA 06-98, eff. February 9, 1998.
Amended. LA 21-12, eff. June 13, 2012.
Amended. LA 15-14, eff. June 20, 2014.
History
Records 2.
Westlaw Topic No. 326.
§ 42. Purpose
Library References
C.J.S. Commerce § 177.
C.J.S. Records §§ 9 to 10.
The purpose of this Act is to provide for open access to each Member of the Council of Cherokee Nation (‘‘Council’’) to all ‘‘records’’ as defined below prepared in the discharge of governmental duties of the ‘‘Cherokee Govern- ment’’ as defined below, and to provide procedures under which the Council and its Members shall obtain such records.
History
Source. LA 06-98, eff. February 9, 1998.
Amended. LA 21-12, eff. June 13, 2012.
Amended. LA 15-14, eff. June 20, 2014.
Library References
Records 30, 33. Westlaw Topic No. 326.
C.J.S. Records §§ 74, 76 to 78, 80, 112.
§ 43. Findings
The Council of Cherokee Nation finds as follows:
1. Pursuant to Article VI, Section 7 of the Cherokee Constitution of 1999, the Council, as the Legislative Department of the Government, has ‘‘the power to establish laws which it shall deem necessary and proper for the good of the Nation.’’
2. Among the constitutional duties of the Council are the responsibilities to oversee the implementation of the laws enacted by the Council and oversee the disbursement of funds appropriated by the Council. In order to
19 CNCA § 43
COUNCIL
carry out these duties, the Council must have access to all records of the Cherokee Government.
Source. LA 06-98, eff. February 9, 1998.
Amended. LA 21-12, eff. June 13, 2012.
Amended. LA 15-14, eff. June 20, 2014.
History
Indians O214.
Westlaw Topic Nos. 209, 326.
§ 44. Definitions
Library References
C.J.S. Indians § 59.
C.J.S. Records §§ 74, 76 to 78, 80, 112.
A. ‘‘Cherokee Government’’ means collectively, the Cherokee Nation, its elected officials, officers, employees, agents and contractors, or any of the Nation’s constitutionally or statutorily created agencies, commissions, boards, corporations and their subsidiaries, or other entities, and their elected officials, officers, directors, employees, members, agents and contractors.
B. ‘‘Records’’ means all documents, including but not limited to any book, paper, photograph, microfilm, data files created by or used with computer software, computer tape, disk, and record, sound recording, film recording, video record or other material regardless of physical form or characteristic, created by, received by, under the authority of, or coming into the custody, control or possession of the Cherokee Government. ‘‘Records’’ does not mean computer software or nongovernmental personal effects.
History
Source. LA 06-98, eff. February 9, 1998.
Amended. LA 21-12, eff. June 13, 2012.
Amended. LA 15-14, eff. June 20, 2014.
§ 45. Requests for Records
A. Requests for records shall be in writing and addressed to the Director, CEO, or Supervisor of the Department, Agency, Entity or Principal Chief that is the subject of the request. The request shall identify with particularity the agency(ies) or other entity(ies) and/or the matter(s) which are the subject of the request. Said requests shall be delivered to the legislative aide of the Council, who shall enter said request in the records of the Council and shall deliver it to the Director, CEO, or Supervisor of the Department, Agency, Entity or Princi- pal Chief that is the subject of the request on the same or the following working day.
B. The Director, CEO, or Supervisor of the Department, Agency, Entity or Principal Chief that is the subject of the request shall cause the records requested to be produced within ten (10) business days of the receipt of such request at no cost to the Council Member(s). If it is not possible to produce the requested record during the prescribed time limit, the Director, CEO, or Supervisor of the Department, Agency, Entity or Principal Chief that is the subject of the request shall, within the prescribed time limit, provide a written explanation to the Legislative Aide and Council Member(s) as to why the
GOVERNMENTAL RECORDS 19 CNCA § 45
requested record cannot be made available. If the record cannot be made available at a later date, the Director CEO, or Supervisor of the Department, Agency, Entity or Principal Chief that is the subject of the request will include a statement as to when the record will be provided to the Council Member(s). In no event shall the total time to produce be extended beyond ten (10) business days from the date of the receipt of the initial request. The Cherokee Nation can extend the time to respond by an additional ten (10) days, but must provide written notification to the requesting party.
C. The Director, CEO, or Supervisor of the Department, Agency, Entity or Principal Chief that is the subject of the request shall provide the requested records to the requesting Council Member(s) and the Council’s Legislative Aide so that the response is made a part of the records of the council. The Legislative Aide shall also provide a copy of all requested records to the Principal Chief and Speaker of the Council.
D. No confidentiality agreements affecting records covered by this Act or claim of privilege or confidentiality shall prevent the Council Members from having access to any records.
E. In the event that the record submitted to the Council Member(s) is ‘‘privileged or confidential’’ as defined under the federal Freedom of Informa- tion Act, 5 U.S.C. Section 552(b)(4) and the federal case law thereunder, is exempt from disclosure under the Cherokee Nation Freedom of Information and Rights of Privacy Act, as amended, or is confidential under Cherokee Nation law, that record shall, nevertheless, be produced or otherwise made available to the requesting Council Member(s); provided, however, that the producing Cherokee Government officer shall give notice to the Council Mem- ber(s) of such status and shall clearly mark each such record with the words ‘‘Privileged and Confidential.’’ The Council Member(s) shall make no disclo- sures of such privileged or confidential records to third parties. Without limiting the generality of the foregoing, personal financial information, credit reports or other financial data obtained by or submitted to the Cherokee Government for the purpose of evaluating credit worthiness, obtaining a license, permit or for the purpose of becoming qualified to contract with the Cherokee Government shall be ‘‘privileged or confidential’’ under this Act.
F. Individual health, adoption, and medical records, records deemed classi- fied by the Cherokee Nation or U.S. Government, records constituting attorney- client privilege and any records prohibited by law from delivery to the Tribal Council shall not be disclosable to the Council under this Act.
G. Nothing in this Act shall be construed to require the disclosure of any individual’s social security number, date of birth, home address or Cherokee Citizenship number. Such information may be redacted even though the record is marked ‘‘privileged and confidential’’ pursuant to subsection (E).
H. Willful and malicious violation of this Act is a crime and upon conviction an individual shall be fined not more than One Hundred Dollars ($100.00) or imprisoned for not more than thirty (30) days for the first offense, shall be fined not more than Two Hundred Dollars ($200.00) or imprisoned for not more than sixty (60) days for the second offense, and shall be fined Three Hundred Dollars
19 CNCA § 45
COUNCIL
($300.00) or imprisoned for not more than ninety (90) days for the third or subsequent offense.
Source. LA 06-98, eff. February 9, 1998.
Amended. LA 21-12, eff. June 13, 2012.
Amended. LA 15-14, eff. June 20, 2014.
History
Records 30, 33, 34. Westlaw Topic No. 326.
Library References
C.J.S. Records §§ 74, 76 to 80, 87, 102 to 105, 112.
Section
51. Short title
52. Purpose
53. Definitions
CHAPTER 6 SUBPOENA AND INVESTIGATIONS
54. Authority to conduct hearings-Procedures
55. Subpoena authority
56. Mandatory compliance
§ 51. Short title
This legislative act shall be known and may be cited as the ‘‘Cherokee Nation Subpoena and Investigation Act of 2000.’’
History
Source. LA 18-00, eff. June 12, 2000.
Library References
Indians 210. Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 52. Purpose
The purpose of this act is to enable the Tribal Council to conduct necessary investigations and compel attendance of witnesses and production of docu- ments at properly called hearings before Cherokee Nation Tribal Council.
Source. LA 18-00, eff. June 12, 2000.
History
Indians 210. Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 53. Definitions
Library References
A. ‘‘Contempt’’ means a willful disregard or disobedience of a public authority, namely, the Cherokee Nation Tribal Council.
B. ‘‘Hearing’’ means a relatively formal proceeding where evidence is taken to determine issues of fact and to render decisions based on that evidence.
C. ‘‘Subpoena’’ means a command to appear at a certain time and place to give testimony upon a certain matter.
D. ‘‘Subpoena duces tecum’’ means a subpoena requiring the production of books, papers and other things, which are in the control or custody of the person served with process.
19 CNCA § 53
COUNCIL
Source. LA 18-00, eff. June 12, 2000.
History
§ 54. Authority to conduct hearings-Procedures
A. The Cherokee Nation Tribal Council shall have the authority to hold hearings and conduct investigation concerning matters in which the Council has oversight authority.
B. A hearing shall be called upon a majority vote of the Tribal Council at Regular Session. The agenda item calling for the hearing shall state the time and place at which the hearing is to be conducted. Further, the agenda shall state in detail the subject matter of the hearing.
C. The Tribal Council shall have authority to require the furnishing of such information, attendance of such witnesses and the production of such books, records, papers or other objects as may be necessary and proper for the purpose of the proceeding.
D. The Tribal Council or its designated representative may take the deposi- tion of witnesses, within or without Cherokee Nation, in the same manner as is provided by law for the taking of depositions in civil actions of courts of record.
History
Source. LA 18-00, eff. June 12, 2000.
Library References
Indians 210. Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 55. Subpoena authority
In furtherance of the powers granted in 19 CNCA § 54, the Tribal Council upon its own motion may, at any hearing:
1. issue subpoenas for witnesses;
2. issue subpoenas duces tecum to compel the production of books, records, papers or other objects, which may be served by any person in any manner prescribed for the service of a subpoena in a civil action; or
3. quash a subpoena or subpoenas duces tecum so issued; provided, prior to quashing a subpoena or subpoenas duces tecum the Tribal Council shall give notice to the necessary parties.
History
Source. LA 18-00, eff. June 12, 2000.
Library References
Indians 210. Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 56. Mandatory compliance
A. In case of disobedience to any subpoena issued and served under this section or to Cherokee Nation Tribal Council requirement for information, or of
SUBPOENAS AND INVESTIGATIONS 19 CNCA § 56
the refusal of any person to testify to any matter regarding which he may be interrogated lawfully in a proceeding before the Tribal Council, the Tribal Council or its designated representative may apply to the District Court or to any Judge thereof for an order to compel compliance with the subpoena or the furnishing of information or the giving of testimony. Forthwith the Court or the Judge shall cite the respondent to appear and shall hear the matter as expeditiously as possible.
B. If the disobedience or refusal is found to be unlawful, the Court, or the Judge, shall enter an order requiring compliance. Disobedience of such an order shall be punished as contempt of court in the some manner and by the same procedure as is provided for like conduct committed in the course of judicial proceedings.
C. The Tribal Council shall have the authority to freeze the funding authori- ties of any department or agency within Cherokee Nation whose directors, employees, appointed or elected officials fail to comply with any subpoena issued and served under this section or fall to furnish information or refuse to testify to Cherokee Nation Tribal Council as required herein.
History
Source. LA 18-00, eff. June 12, 2000.
Library References
Indians 210. Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
Section
CHAPTER 7
DRUG TESTING FOR ELECTED OFFICIALS
61. Short title
62. Purpose
63. Definitions
64. Drug testing provisions
§ 61. Short title
This Act shall be known and may be cited as the Elected Officials Drug Testing Act.
History
Source. LA 05-13, eff. March 17, 2013.
§ 62. Purpose
The purpose of this Act is to require elected officials of the Cherokee Nation to undergo random drug testing for prohibited drugs and to set forth possible ramifications for failure of such test or refusal to allow administration of such tests.
History
Source. LA 05-13, eff. March 17, 2013.
§ 63. Definitions
For purposes of this Title:
1. ‘‘Prohibited drugs’’ means marijuana (THC metabolic), opiates (heroin, morphine), cocaine, phencyclidine (PCP), methamphetamines, oxycodone, am- phetamines, barbiturates, and methadone or any other illegal drugs.
2. ‘‘Elected Officials’’ means any elected or duly appointed officials from the Cherokee Nation, including the Principal Chief, Deputy Chief, and Tribal Council Members.
History
Source. LA 05-13, eff. March 17, 2013.
§ 64. Drug testing provisions
A. Elected officials shall submit to random drug testing.
B. An initial drug screening will be conducted within thirty (30) days of the effective date of the policy being adopted and randomly thereafter not to exceed more than one time per year.
C. If any of the elected officials are suffering from life threatening illnesses, have just recovered from medical procedures or surgeries, are receiving treat- ments for certain conditions, or take daily prescription drugs for chronic health issues such as high blood pressure, heart disease and diabetes, they shall
DRUG TESTING FOR ELECTED OFFICIALS 19 CNCA § 64
provide documentation, from their physician, to the drug testing laboratory or company so any positives for those drugs will not affect the purposes of this Act. This documentation shall remain confidential and not subject to the Cherokee Nation Freedom of Information Act.
D. The Council of the Cherokee Nation, which is the legislative branch of government, shall determine whether they will use an independent drug testing vendor or the one currently used for Cherokee Nation Employee Drug Testing and will develop policies for the random drug testing since they are not present at the council house on a daily basis.
E. The Chief, Deputy Chief, Cabinet members and Chief Appointees, which is the executive branch of the government, shall determine whether they will use an independent drug testing vendor or the one currently used for Cherokee Nation Employee Drug Testing and will develop policies for their random drug testing.
F. The executive and legislative branch drug testing shall be separate from each other.
G. Anyone with a life threatening, potentially terminal illness is exempt from drug testing due to the number of medications that are required for treatment, survival, and extension of life, which also includes experimental drugs and treatments.
Source. LA 05-13, eff. March 17, 2013.
History
Indians 218, 320. Westlaw Topic No. 209.
C.J.S. Indians § 79.
Library References
History
Library References