Title
AN ACT RELATING TO EMPLOYEES OF THE CHEROKEE NATION OR ITS WHOLLY OWNED CORPORATIONS; TERMINATON APPEALS PROCEDURES AND EMPLOYEE BACK PAY ACT OF 2005; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY
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BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This act shall be known as the “Employee Appeal Act of 2009” and codified in Title _______ Section _______ of the Cherokee Nation Code Annotated (CNCA).
Section 2. Purpose
The purpose of this Act is to provide legislative authority for the award of back pay, costs and attorney fees to employees who are reinstated to their positions after administrative and/or judicial procedures are followed.
Section 3. Legislative History
Title 51 of the Cherokee Nation Code Annotated, Article V, Section 7 of the Cherokee Legislative Act 12-96, 20-96.
Section 4. Definitions
For the Purposes of this Act:
A. “Employee” shall mean a person who has been directly employed by the Cherokee Nation or its wholly owned entities and corporations on a regular full-time basis for at least one continuous year immediately prior to termination of employment, but shall not include employees who have limited term contracts, employment agreements, or are considered independent contractors. For purposes of employee termination appeals under this Act this term shall not include employees of specialized authorities and entities created by the legislature, such as, but not limited to, the Arkansas Riverbed Trust Authority.
B. The “Nation” means the Cherokee Nation.
C. “Back Pay,” means the amount of wages denied an employee from the time of discharge until reinstatement in accordance with administrative and/or judicial procedures available to employees under Cherokee Nation laws and Constitution.
D. “Cost and Attorney Fees” means the costs associated with the filing and maintaining the cause of action which includes reasonable attorney fees.
Section 5. Substantive Provisions
Amend Title 51 § 1029 of...
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