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.
e. Holdover 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.