An Act
Legislative Act 98- 6
Title
ACT RELATING TO
GOVERNMENTAL RECORDS
OF THE CHEROKEE NATION
Body
BE IT ENACTED BY THE CHEROKEE NATION
1. Title and Codification.
This Act shall be known as the Cherokee Nation Governmental Records Act and codified as Title , Section of the Cherokee Nation Code Annotated.
2. Purpose.
The purpose of this Act is to provide for open access to each member of the Council of the Cherokee Nation ("Council") to all "records" as defined below prepared in the discharge of governmental duties of the "Cherokee Government" as defined below, and to provide procedures under which the Council and its members shall obtain such records.
3. Findings.
The Council of the Cherokee Nation finds as follows:
a. Pursuant to Article V, Section 7 of Cherokee Constitution
of 1975, 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."
b. 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 carry out these duties, the Council must have access to all records of the Cherokee Government.
4. Definitions.
"Cherokee Government" -- collectively, the Cherokee Nation, its elected officials, officers, employees, agents and contractors, or any of the Nation's agencies, commissions, boards, corporations and their subsidiaries, or other entities, and their elected officials, officers, directors, employees, members, agents and contractors.
"Records" -- 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 custod...
Click here for full text