Council of the Cherokee Nation - File #: 20-080

• File #: 20-080
• Version: 1
• Name: DONATIONS FOR APPOINTMENTS AND/OR EMPLOYMENT UNLAWFUL
• Type: Legislative Act
• Status: Failed
• File created: 11/4/2020
• In control: TRIBAL COUNCIL
• On agenda: 11/17/2020
• Title: AN ACT AMENDING THE CHEROKEE NATION ETHICS ACT OF 2012, CODIFIED AS TITLE 28 OF THE CHEROKEE NATION CODE ANNOTATED, ADDING SECTION 22 MAKING IT UNLAWFUL AND REQUIRING THE ABSTENTION F ANY COUNCIL MEMBER(S) FROM VOTING ON THE CONFIRMATION OF ANY APPOINTED OFFICIAL THAT DONATED TO THE CAMPAIGN OF THAT COUNCIL MEMBER
• Sponsors: Wes Nofire
• Indexes: Appointed Officials, Boards and Commissions, Campaign, Campaign Contributions, Council Member, Donations, Ethics
• Code sections: Title 28 - Ethics
• Related files: CNCA-28

Date	Ver.	Action By	Action	Result
11/17/2020	1	RULES COMMITTEE	Approved and Forwarded to Council	Fail

Title
AN ACT AMENDING THE CHEROKEE NATION ETHICS ACT OF 2012, CODIFIED AS TITLE 28 OF THE CHEROKEE NATION CODE ANNOTATED, ADDING SECTION 22 MAKING IT UNLAWFUL AND REQUIRING THE ABSTENTION F ANY COUNCIL MEMBER(S) FROM VOTING ON THE CONFIRMATION OF ANY APPOINTED OFFICIAL THAT DONATED TO THE CAMPAIGN OF THAT COUNCIL MEMBER
Body
BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title and Codification

This Act codifies certain amendments to Title 28 adding § 22 “Donations for Appointments and/or Employment Unlawful” under Chapter 2.

Section 2. Findings

The Council of the Cherokee Nation finds that an emergency exists within the Cherokee Nation and that it is necessary and proper to prohibit Council Members voting to confirm the appointments of officials that donated to their campaigns to prevent the appearance of impropriety.

Section 3. Purpose

The purpose of this Act is to amend Title 28 of the Cherokee Nation Code Annotated adding Section 22 making it unlawful and requiring the abstention of any Council Member(s) from voting on the confirmation of any appointed official that donated to the campaign of that Council Member.

Section 4. Legislative History

Article VI, Section 7 of the Cherokee Nation Constitution states that the Council shall have the power to establish laws which it shall deem necessary and proper for the good of the Nation.

L.A. 40-12 Eff. October 16, 2012

Section 5. Substantive Provisions

§ 22. Donations for Appointments and/or Employment Unlawful

A. Donations for Appointment. It shall be unlawful for any elected official to appoint or vote for the appointment or employment of any person that donated to the campaign of that elected official to any position within the Nation and/or the Nation’s instrumentalities. Any Council Member that received any donation from a person that has been appointed an official shall abstain from voting on the confirmation of such person. Letters of inquiry, recommendation and reference for employees of...