Council of the Cherokee Nation - File #: 17-102

• File #: 17-102
• Version: 2
• Name: EMPLOYEE ACCESS TO JUSTICE ACT OF 2017
• Type: Legislative Act
• Status: Passed
• File created: 9/13/2017
• In control: TRIBAL COUNCIL
• On agenda: 9/28/2017
• Final action: 11/21/2017
• Enactment date: 11/13/2017
• Enactment #: LA-30-17
• Title: A LEGISLATIVE ACT AMENDING TITLE 51 OF THE CHEROKEE NATION CODE ANNOTATED - CIVIL PROCEDURE
• Sponsors: Bryan Warner
• Indexes: CIVIL PROCEDURE , Employee Administrative Procedures , Employee Appeal, Employee Termination Appeals
• Code sections: Title 51 - Officers and Employees
• Related files: LA-12-96, LA-17-05, LA-20-96, 09-176, 11-155, CNCA-51

Date	Ver.	Action By	Action	Result
11/21/2017	2	OFFICE OF THE CHIEF	Signed
11/13/2017	2	TRIBAL COUNCIL	Approved	Pass
10/26/2017	1	RULES COMMITTEE	Approved and Forwarded to Council	Pass
10/26/2017	1	RULES COMMITTEE	Special Action	Pass
9/28/2017	1	RULES COMMITTEE	Tabled	Pass

Title
A LEGISLATIVE ACT AMENDING TITLE 51 OF THE CHEROKEE NATION CODE ANNOTATED - CIVIL PROCEDURE
Body
BE IT ENACTED BY THE CHEROKEE NATION:

SECTION 1. TITLE AND CODIFICATION

This Act shall be known as the “Employee Access to Justice Act of 2017” (“Act”) and codified under Title 51, Chapter 10 of the Cherokee Nation Code Annotated (CNCA).

SECTION 2. PURPOSE

The purpose of this Act is to repeal and replace Chapter 10 of Title 51 of the Cherokee Nation Code Annotated.

SECTION 3. LEGISLATIVE HISTORY

Legislative Act12-96
Legislative Act 20-96
Legislative Act 17-05
Legislative Act 03-10
Legislative Act 01-12

SECTION 4. SUBSTANTIVE LAW

Title 51, Chapter 10 of the Cherokee Nation Code Annotated shall be amended as follows:

EMPLOYEE ADMINISTRATIVE PROCEDURES

§ 1001. Short title

This act shall be known and may be cited as the Employee Administrative Procedures Act.

§ 1002. Purpose

The purpose of this act is to establish a timely and fair procedure for appeals of employment terminations by employees of 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 [now Article III], including notice and an opportunity for a hearing.

§ 1003. Definition

As used in the Employee Administrative Procedures Act:

1. "Act" shall mean the Employee Administrative Procedures Act.

2. "Administrative proceeding" means the formal process employed by the Employee Appeals Board for consideration of an employee termination appeal resulting in a final administrative decision.

3. "Board" shall mean the Employee Appeals Board.

4. "Cause to terminate employment" shall have the meaning as defined in 51 CNCA § 1011.

5. "District Court" shall mean the trial court of Cherokee Nation.

6. "Employee Appeals Clerk" shall mean a designated person in the Executive Offices of Cherokee Nation.

7. "Employee of Cherokee Nation" or "employee" shall mean a ...