Council of the Cherokee Nation - File #: LA-12-96

• File #: LA-12-96
• Version: 1
• Name: Employee Administrative Procedures Act
• Type: Legislative Act
• Status: Passed
• File created: 1/1/1996
• In control: TRIBAL COUNCIL
• On agenda: N/A
• Final action: 7/15/1996
• Enactment date: 7/15/1996
• Enactment #: LA-12-96
• Title: ACT RELATING TO CHEROKEE NATION EMPLOYEE TERMINATION APPEALS
• Sponsors: Unknown
• Indexes: Administrative Procedures, Cherokee Nation Administrative Procedure Act, Employee Termination Appeals, Ethics, Termination
• Code sections: Title 51 - Officers and Employees
• Related files: LA-20-96, 17-102, 11-155, 09-176

An Act
LA No. 12-96
Title
ACT RELATING TO CHEROKEE NATION EMPLOYEE TERMINATION APPEALS
Body
BE IT ENACTED BY THE CHEROKEE NATION:

SECTION ONE. TITLE 51 OF THE CHEROKEE NATION CODE ANNOTATED IS HEREBY AMENDED TO BE ENTITLED "OFFICERS AND EMPLOYEES." SECTION TWO. CHAPTERS EIGHT AND NINE OF TITLE 51 OF THE CHEROKEE NATION CODE ANNOTATED ARE HEREBY RESERVED, AND A NEW CHAPTER TEN IS HEREBY ADDED, WHICH SHALL READ AS FOLLOWS: CHAPTER TEN
EMPLOYEE ADMINISTRATIVE PROCEDURES ACT

Section 1001, Title and Codification.
This Act shall be entitled the Employee Administrative Procedures Act, and shall be codified in Title 51, Chapter Ten, Sections 1001 et seq., of the Cherokee Nation Code Annotated.
Section 1002. Purpose,
The purpose of this act is to establish a timely and fair procedure for appeals of employment terminations by employees of the Cherokee Nation, which provides to the employees due process and other protections guaranteed by the federal Indian Civil Rights Act of 1968 and the Cherokee Nation Constitution, Article II, including notice and an opportunity for a hearing.
Section 1003, Legislative_Intept. [See 75 0.5. ? 250.2]
The intent of this Act is to implement applicable provisions of the Cherokee Nation Constitution relating to Cherokee Nation employee rights. Article V, Section 7 of the Constitution of the Cherokee Nation vests in the Cherokee Nation Council the power to make laws. Article VII, which relates to the Judicial Appeals Tribunal, expressly provides that the "Council shall provide for a procedure which shall insure that any litigant receives due process of law together with prompt and speedy relief, and shall generally follow that portion of the Oklahoma Statutes known as the Administrative Procedures Act, Title 75, Oklahoma Statutes, 301 et seq." Article XII of the Constitution provides: "No employee, who having served in a position at least one (1) year, shall be removed from the employment of the Cherokee Nation except for cause. The employ...