header-left header-right
File #: 17-013    Version: Name: 2017 AMENDMENT TO TITLE 14 SETTING A SIX MONTH CAP ON HOLDOVERS.
Type: Legislative Act Status: Passed
File created: 1/11/2017 In control: TRIBAL COUNCIL
On agenda: 1/26/2017 Final action: 3/22/2017
Enactment date: 3/20/2017 Enactment #: LA-09-17
Title: AMENDMENT TO LA 30-04 ESTABLISHMENT OF REQUIREMENTS FOR APPOINTMENT OF MEMBERS OF BOARDS AND COMMISSIONS
Sponsors: Frankie Hargis
Indexes: Boards and Commissions
Code sections: Title 14 - Commissions and Other Entities
Attachments: 1. LA-09-17.PDF
Related files: LA-30-04, CNCA-14

Title

AMENDMENT TO LA 30-04 ESTABLISHMENT OF REQUIREMENTS FOR APPOINTMENT OF MEMBERS OF BOARDS AND COMMISSIONS

Body

BE IT ENACTED BY THE CHEROKEE NATION:

 

Section 1.                     Title and Codification

 

This act shall be known as an Amendment to LA 30-04 and codified as Title 14, Section_____

of the Cherokee Nation Code Annotated.

 

Section  2.                     Purpose

 

The purpose of this Act is to make certain technical and substantive amendments to the appointment procedure for members of boards, commissions, or authorities of the Cherokee

Nation, including boards of entities that the Nations is the majority owner. This Act would

require that all appointments be consistently applied.

 

Section  3.                     Legislative History

 

Boards, Commissions, and Government Agencies of the Nation are authorized by various

enactments, and business entities established by the Nation operate under applicable

Statute and bylaws.

 

Section  4.                     Definitions

                     

For purposes of this Title:

 

“Entities” means all boards, commissions, operations, agencies and majority-owned

Businesses of the Cherokee Nation.

 

“Member(s)” means individual persons who are appointed to serve on the governing body

of Entities.

 

Section  5.       Appointments

 

a.  All Members of Entities of the Nation, if not designated by title in the applicable

authorizing legislation or governing documents, shall be appointed by the Principal Chief

and confirmed by the Council of the Cherokee Nation, with the exception of the Election

Commission (26 CNA §11)and the Editorial Board (Legislative Act 17-00 as amended

By LA 08-01).

 

 

 

 

b.  Terms, Number of members and all other requirements of entities are not affected by

this act.

 

c.  This procedure shall be implemented for all future appointments, in accordance with item a.,

of this Section.

 

d.  Terms of Members are all created by the Entities who have these commissioners, board members, or committee members.

 

eHoldover Clause: If a term expires or there is a resignation or death of any appointed commissioners, board members, committee members, those in trust authority, reappointments or new replacements are pending, there will be a limited hold over of six months for continued authorized activity of those individuals and at the end of six months, if no re-appointment or new appointments have been confirmed, that seat becomes vacant.

 

Section  6.                     Provisions as cumulative

 

                     The provisions of this act shall be cumulative to existing law.

 

Section  7.                     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  8.                     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.