2017 Legislative Ordinances
Date2017
MediumDocument
ClassificationsArchive
Object numberLG.LGO.2017
Description2017 Legislative Ordinances#17-01-App-T44
#17-02-App-T44
#17-03-App-T44
#17-04-R&G-T-31-50
#17-05-NR-T41
#17-06-J&PS-T7
#17-07-HHS-T31
#17-08-ED&C-T23
#17-09-ED&C-T23
#17-10-R&G-T51
Collections
Finding Aid17-01-App-T44: An Ordinance amending Title 44, Chapter 3 of the Tribal Code of The Citizen Potawatomi Nation, Tax on Sales.
TRANSCRIPTION:
Citizen Potawatomi Nation
Ordinance #17-01-App-T44
AN ORDINANCE AMENDING TITLE 44, CHAPTER 3 OF THE
TRIBAL CODE OF THE CITIZEN POTAWATOMI NATION,
TAX ON SALES.
WHEREAS, the Citizen Potawatomi Nation is a federally recognized tribe of
American Indians with constitutional authority under the Oklahoma
Indian Welfare Act of June 26, 1936, (49 Stat. 1967); and
WHEREAS, the Citizen Potawatomi Nation, the largest of the Potawatomi Indian
Tribes, has, through a continuation of Potawatomi history and
organized self-government since time immemorial, sovereign
powers inherent in tribal tradition and recognized by treaties with
the United States and in the United States Constitution; and
WHEREAS, the Citizen Potawatomi Nation Constitution provides that according
to Article 7, Section 2, "Subject to any limitations in this
Constitution, and except for those powers expressly reserved to the
Citizen Potawatomi Nation Indian Council by this Constitution, or
delegated to another entity by this Constitution, the Business
Committee of the Citizen Potawatomi Nation is empowered to enact
legislation, transact business, and otherwise speak and act on
behalf of the Citizen Potawatomi Nation in all matters on which the
Nation is empowered to act now or in the future", except those
relating to trust fund expenditures, trust land indebtedness and
claims or treaties with the United States; and
WHEREAS, the Tribal Code of the Citizen Potawatomi Nation requires updating
from time to time in order to remain responsive to current needs,
and
WHEREAS, there is a need to update the revenue and taxation code to reflect
current rates and practices.
NOW, THEREFORE BE IT ORDAINED BY THE LEGISLATURE OF THE
CITIZEN POTAWATOMI NATION that Title 44 of the Tribal Code of the Citizen
Potawatomi Nation (Taxation and Revenue) is hereby amended to read as
follows:
Section 44-3-102 shall be amended as follows:
Section 44-3-102 Tax on Sales
There is hereby levied upon the sale of property within the tribal
jurisdiction a tax of 8.995% eight and one half percent (8 1/2%) of the
actual sales price thereof, exclusive of any rebates. If a sale is
consummated by trade, barter or exchange for anything other than money,
the tax shall be computed at the fair market value of the property sold.
NOW, THEREFORE BE IT ENACTED BY THE LEGISLATURE OF
THE CITIZEN POTAWATOMI NATION that an Ordinance amending Title 44,
Section 3, Tax on Sales, of the Citizen Potawatomi Nation Tribal Code IS
HEREBY APPROVED.
EFFECTIVE DATE: This ordinance shall become effective on July 1, 2016.
upon adoption by the Legislature of the Citizen Potawatomi Nation.
CERTIFICATION
In his capacity as Secretary-Treasurer of the Citizen Potawatomi Nation, the
undersigned hereby certifies that the above and foregoing ordinance is a
true and correct copy of Ordinance #17-01-App-T44, as approved on the
27th day of June, 2016 with 15 voting for, 1 opposed,
0 absent and 0 abstaining.
Linda Capps
Vice Chairman
Executive Approval:
X Approved
Disapproved
John A. Barrett
Tribal Chairman
17-02-App-T44: An Ordinance amending Section 44, Section 7, of the Tribal Code of the Citizen Potawatomi Nation, Bingo Surcharge Tax to Wagering Tax.
TRANSCRIPTION:
Citizen Potawatomi Nation
Ordinance #17-02-App-T44
AN ORDINANCE AMENDING SECTION 44, SECTION 7, OF THE TRIBAL CODE OF THE
CITIZEN POTAWATOMI NATION, BINGO SURCHARGE TAX TO WAGERING TAX.
WHEREAS, the Citizen Potawatomi Nation is a federally recognized tribe of American Indians
with constitutional authority under the Oklahoma Indian Welfare Act of June 26,
1936, (49 Stat. 1967); and
WHEREAS, the Citizen Potawatomi Nation, the largest of the Potawatomi Indian Tribes, has,
through a continuation of Potawatomi history and organized self-government
since time immemorial, sovereign powers inherent in tribal tradition and
recognized by treaties with the United States and in the United States
Constitution; and
WHEREAS, the Citizen Potawatomi Nation Constitution provides that according to Article 7,
Section 2, "Subject to any limitations in this Constitution, and except for those
powers expressly reserved to the Citizen Potawatomi Nation Indian Council by
this Constitution, or delegated to another entity by this Constitution, the Business
Committee of the Citizen Potawatomi Nation is empowered to enact legislation,
transact business, and otherwise speak and act on behalf of the Citizen
Potawatomi Nation in all matters on which the Nation is empowered to act now or
in the future", except those relating to trust fund expenditures, trust land
indebtedness and claims or treaties with the United States;
WHEREAS, the Tribal Code of the Citizen Potawatomi Nation requires updating from time to
time in order to remain responsive to current needs; and
WHEREAS, there is a need to update the Taxation and Revenue code to reflect current rates
and practices;
NOW THEREFORE BE IT ORDAINED BY THE LEGISLATURE OF THE CITIZEN
POTAWATOMI NATION that Section 44, Chapter 7 of the Citizen Potawatomi Nation
Code, Bingo Surcharge Tax, is hereby amended to read as follows:
Section 44, Chapter 7
Bingo Receipts Surcharge WAGERING TAX
Section 44-7-101 Definitions
For the purpose of this chapter, unless a different meaning is clearly indicated
from the context, the term:
(A) Bingo Gaming- means any game or session of bingo wagering as defined in the Bingo
Gaming Ordinance of the Citizen Potawatomi Nation.
(B) Bingo Gaming Operator - means any corporation licensed to conduct private bingo
gaming within the jurisdiction of the Citizen Potawatomi Nation pursuant to Chapter Three
of the Bingo Gaming Ordinance of the Citizen Potawatomi Nation.
(C) Gross Bingo Receipts - means all receipts and other income of bingo the gaming
operator directly or indirectly received through or as a result of conduct of bingo wagering
pursuant to his bingo the operator's gaming license. This term shall not include income of
a corporation received as a result of activities unrelated to the conduct of bingo wagering.
This term specifically includes income generated as a result of admission prices,
concessions, parking fees and other incidental receipts flowing from the conduct of bingo
wagering which are required to be reported by Section 372 of the Bingo Gaming
Ordinance of the Tribe.
(D) Net Bingo-Receipts - means the gross bingo wagering receipts less any deductions
authorized by this chapter.
(D)(E) Wagering - means participating a game of chance in exchange for the
opportunity to win cash prizes.
Section 44-7-102 Deductions from Gross Bingo Wagering Receipts
The bingo gaming operator shall be entitled to deduct from his gross receipts for the purposes of
the surcharge wagering tax imposed by this chapter. the following items:
(A) The fair rental value of any premises rented for the conduct of bingo wagering. In an
arms-length transaction, the fair rental value shall be presumed to be the actual rental
price paid subject, however, to review by the Tax Commission.
(B) All prizes actually awarded to the winner or winners of bingo wagering games.
(C) The purchase price of all consumable, tangible property purchased for resale at games or
sessions of bingo wagering, but not including the price of such property reassigned for
other purposes.
(D) Any charges for utilities separately charged on the premises rented for the conduct of
bingo wagering.
(E) Salaries and other compensation for employee engaged in the conduct of bingo
wagering, provided however, that the deduction allowed for an employee who is also a
major stockholder of the bingo gaming operator, or who is related by blood or marriage
within the third degree to a major stockholder shall not exceed one and one-half (1 ½)
times the federal minimum wage.
(F) The actual purchase price of all bingo wagering equipment may be depreciated over not
less than five years by the straight line depreciation method as the Tax Commission may
by rule provide.
(G) Any other reasonable and necessary business expenses directly related to the conduct of
bingo wagering as may be established by rule of the Tax Commission.
Section 44-7-103 Surcharge Wagering Tax Levied
There is hereby levied upon the gross sales less payouts of the Citizen Potawatomi Nation
Gaming Center, a tax of eight and one-half percent (8 ½%).
Section 44-7-103 Due Date of Surcharge Wagering Tax
The surcharge wagering tax levied and reports required under this chapter shall be due and
payable monthly on the last day of each calendar month following the calendar month of
operations for which the report is filed.
Section 44-7-105 Reports Required
With each monthly payment, the bingo gaming operator shall submit a return in substantially the
following form:
Citizen Potawatomi Nation
Tax Commission
1601 Gordon Cooper Drive
Shawnee, Ok 74801
BINGO SURCHARGE WAGERING TAX
(1) Bingo Gaming Operator's name
Address
License number
(2) Bingo Gaming Operator's Gross Receipts:
(a) Month of, 20 . $
(3) Bingo Gaming operators' total deductions:
(a) Rentals paid on bingo gaming premises $
(b) Prizes actually awarded $
(c) Consumable personal property purchased $
(d) Utility charges paid $
(e) Salaries and employee compensation $
(f) Allowable depreciation $
(g) Other (itemize) $
(h) Other (itemize) $
(i) Other (Itemize) $
(j) Total deductions $
(4) Net bingo receipts (line 2(d) thru line 3 (j)) $
(5) Bingo Surcharge Wagering tax
(a) (.0845 .085 x line 4) $
(b) Less corporate income taxes paid $
(c) Tax paid with this return $
CERTIFICATION: I , file this return on behalf of , a
licensed, private bingo gaming operator, and affirm under penalty of law that I have examined this
return and to the best of my knowledge, information and belief the facts stated herein are true,
correct and complete.
Signature: Title:
Printed name: Date:
Section 44-7-106 Audits
The books, records, receipts, expenditures and operations of every bingo gaming operator within
the tribal jurisdiction shall be subject to examination, investigation and audit by the Tax
Commission or its duly authorized agents or employees pursuant to Section 44-1-111 of this
ordinance.
NOW, THEREFORE BE IT ENACTED BY THE LEGISLATURE OF THE CITIZEN
POTAWATOMI NATION that the above amendments to Section 44, Chapter 7 of the Tribal Code
of the Citizen Potawatomi Nation, Bingo Surcharge Wagering Tax, are HEREBY
APPROVED.
EFFECTIVE DATE: This ordinance shall become effective upon adoption by the
Legislature of the Citizen Potawatomi Nation.
CERTIFICATION
In his capacity as Secretary-Treasurer of the Citizen Potawatomi Nation, the
undersigned hereby certifies that the above and foregoing ordinance is a true and
correct copy of Ordinance #17-02-App-T44, as approved on the 27th of June, 2016
with 16 voting for, 0 opposed, 0 absent and 0 abstaining.
D. Wayne Trousdale
Secretary-Treasurer
X Approved
Disapproved
John A. Barrett
Tribal Chairman
17-03-App-T44: An Ordinance repealing Section 44, Section 4, of the Tribal Code of The Citizen Potawatomi Nation, Earnings Tax.
TRANSCRIPTION:
Citizen Potawatomi Nation
Ordinance #17-03-App-T44
AN ORDINANCE REPEALING SECTION 44, SECTION 4, OF THE
TRIBAL CODE OF THE CITIZEN POTAWATOMI NATION,
EARNINGS TAX.
WHEREAS, the Citizen Potawatomi Nation is a federally recognized tribe of American
Indians with constitutional authority under the Oklahoma Indian Welfare
Act of June 26, 1936, (49 Stat. 1967); and
WHEREAS, the Citizen Potawatomi Nation, the largest of the Potawatomi Indian
Tribes, has, through a continuation of Potawatomi history and organized
self-government since time immemorial, sovereign powers inherent in
tribal tradition and recognized by treaties with the United States and in the
United States Constitution; and
WHEREAS, the Citizen Potawatomi Nation Constitution provides that according to
Article 7, Section 2, "Subject to any limitations in this Constitution, and
except for those powers expressly reserved to the Citizen Potawatomi
Nation Indian Council by this Constitution, or delegated to another entity
by this Constitution, the Business Committee of the Citizen Potawatomi
Nation is empowered to enact legislation, transact business, and
otherwise speak and act on behalf of the Citizen Potawatomi Nation in all
matters on which the Nation is empowered to act now or in the future",
except those relating to trust fund expenditures, trust land indebtedness
and claims or treaties with the United States; and
WHEREAS, for many years the Citizen Potawatomi Nation did not pay employee
payroll taxes into the State of Oklahoma Employment Security
Commission. In lieu of such payments, there was a tax placed upon the
earnings of each employee which was in turn, placed in an investment
account in the employee's name. Upon termination of service to the
Citizen Potawatomi Nation the proceeds of the investment were
disbursed to the employee.
WHEREAS, this practice was discontinued several years ago and there is a need to
update the taxation and revenue code to reflect current practices;
NOW THEREFORE BE IT ORDAINED BY THE LEGISLATURE OF THE
CITIZEN POTAWATOMI NATION that Section 44, Chapter 4 of the Citizen
Potawatomi Nation Code, Earnings Tax, is hereby stricken from the Tribal Code in its
entirety.
NOW, THEREFORE BE IT ENACTED BY THE LEGISLATURE OF THE CITIZEN
POTAWATOMI NATION that the repeal of Section 44, Chapter 4 of the Tribal Code of
the Citizen Potawatomi Nation, Earnings Tax, is HEREBY APPROVED.
EFFECTIVE DATE: This ordinance shall become effective upon adoption by the
Legislature of the Citizen Potawatomi Nation.
CERTIFICATION
In his capacity as Secretary-Treasurer of the Citizen Potawatomi Nation, the
undersigned hereby certifies that the above and foregoing ordinance is a true and
correct copy of Ordinance #17-03-App-T44, as approved on the 27th of June, 2016
with 16 voting for, 0 opposed, 0 absent and 0 abstaining.
D. Wayne Trousdale
Secretary-Treasurer
X Approved
Disapproved
John A. Barrett
Tribal Chairman
17-04-R&G-T31-50: An Ordinance altering references in the Citizen Potawtomi Nation's Tribal Code to the "Business Committee" to the "Tribal Legislature".
TRANSCRIPTION:
Citizen Potawatomi Nation
Ordinance #17-04-R&G-T31-50
AN ORDINANCE ALTERING REFERENCES IN THE
CITIZEN POTAWATOMI NATION'S TRIBAL CODE TO THE
'BUSINESS COMMITTEE' TO THE TRIBAL LEGISLATURE'.
WHEREAS, the Citizen Potawatomi Nation is a federally recognized tribe of American
Indians with constitutional authority under the Oklahoma Indian Welfare
Act of June 26, 1936, (49 Stat. 1967); and
WHEREAS, the Citizen Potawatomi Nation, the largest of the Potawatomi Indian
Tribes, has, through a continuation of Potawatomi history and organized
self-government since time immemorial, sovereign powers inherent in
tribal tradition and recognized by treaties with the United States and in the
United States Constitution; and
WHEREAS, the Citizen Potawatomi Nation Constitution provides that according to
Article 7, Section 2, "Subject to any limitations in this Constitution, and
except for those powers expressly reserved to the Citizen Potawatomi
Nation Indian Council by this Constitution, or delegated to another entity
by this Constitution, the Business Committee of the Citizen Potawatomi
Nation is empowered to enact legislation, transact business, and
otherwise speak and act on behalf of the Citizen Potawatomi Nation in all
matters on which the Nation is empowered to act now or in the future",
except those relating to trust fund expenditures, trust land indebtedness
and claims or treaties with the United States; and
WHEREAS, as a part of the Constitution of the Citizen Potawatomi Nation, as
amended in August 2007, Article 7, Section 2 provides "There shall be a
Business Committee hereinafter called Tribal Legislature..."
WHEREAS, because certain Tribal Ordinances adopted prior to the 2007 constitutional
amendment refer to the "Business Committee" and codifications of the
Citizen Potawatomi Nation should be free from confusion;
NOW THEREFORE BE IT ORDAINED BY THE LEGISLATURE OF THE
CITIZEN POTAWATOMI NATION that wherever reasonably necessary, particularly in
the sections listed in Attachment A, references in the Citizen Potawatomi Nation Code of
Ordinances to the "Business Committee" be changed to the "Tribal Legislature"
NOW, THEREFORE BE IT ENACTED BY THE LEGISLATURE OF THE CITIZEN
POTAWATOMI NATION that changing all references to the "Business Committee" in the
Tribal Code, particularly in the sections listed in Attachment A, to the "Tribal Legislature"
is HEREBY APPROVED.
EFFECTIVE DATE: This ordinance shall become effective upon adoption by the
Legislature of the Citizen Potawatomi Nation.
CERTIFICATION
In his capacity as Secretary-Treasurer of the Citizen Potawatomi Nation, the
undersigned hereby certifies that the above and foregoing ordinance is a true and
correct copy of Ordinance #17-04-R&G-T31/50, as approved on the 27th of June, 2016
with 16 voting for, 0 opposed, 0 absent and 0 abstaining.
D. Wayne Trousdale
Secretary-Treasurer
X Approved
Disapproved
John A. Barrett
Tribal Chairman
17-05-NR-T41: An Ordinance creating a Park, Recreation, and Cultural Authority.
TRANSCRIPTION:
Citizen Potawatomi Nation
Ordinance #17-05-NR-T41
AN ORDINANCE CREATING A PARKS, RECREATION, AND CULTURAL AUTHORITY
WHEREAS, the Citizen Potawatomi Nation is a federally recognized tribe of North
American Indians reorganized pursuant to the Oklahoma Indian Welfare Act of June 26, 1936,
with a history of self-government that begins long before the creation of the United States of
America and the State of Oklahoma; and
WHEREAS, the federal government of the United States of America has recognized the
Citizen Potawatomi Nation as a dependent sovereign with the powers and authority to govern its
resources, as well as the activities that take place on its trust lands, in a manner consistent with
federal law and regulation;
WHEREAS, the Legislature of the Citizen Potawatomi Nation has an interest in providing
for the health, safety, and welfare of the members of the Nation;
WHEREAS, the creation of a Parks, Recreational, and Cultural Authority will serve these
aims.
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI
NATION that an ordinance establishing Title 41, Chapter 1, Sections 101 through 107 of the
Citizen Potawatomi Nation Tribal Code as follows IS HEREBY APPROVED.
"PARKS, RECREATION, AND CULTURAL AUTHORITY
41-1-101 Short Title. This Act shall be know and may be cited as the "Citizen Potawatomi Nation
Parks, Recreation, and Cultural Authority Act".
41-1-102 Purpose of Authority. The Citizen Potawatomi Nation Parks, Recreation, and Cultural
Authority is hereby created for the purpose of providing, maintaining and conducting parks and
recreational and cultural facilities for the Citizen Potawatomi Nation.
41-1-103 Board of Directors.
The Authority shall be governed by a board of directors comprised of the Chairman of the Citizen
Potawatomi Nation, the Vice Chairman of the Citizen Potawatomi Nation, and the
Secretary/Treasurer of the Citizen Potawatomi Nation. The Chairman of the Citizen Potawatomi
Nation shall be the Chairman of the Board. The Board may appoint non-voting advisory
members. The directors and advisory-members shall receive no salary. The board shall keep
detailed minutes of its proceedings. It shall keep suitable records of its financial transactions, and
it shall arrange to have the records audited annually. Copies of each such audit shall be furnished
to the Citizen Potawatomi Legislature.
41-1-104 Powers of the Authority. The Authority shall be deemed to be performing essential
governmental functions providing for the public health and welfare, and is authorized and
empowered:
1. To employ employees as may be deemed proper to carry out in Section 102 of this Act;
2. To acquire and maintain equipment, land, buildings or other recreational facilities and make
capital improvements;
3. To acquire, purchase, lease as lessee, including leases governed by 25 U.S.C. §§ 415 et seq.,
construct, reconstruct, improve, extend, operate and maintain parks, recreational facilities, and
cultural facilities within, or partly within and partly outside the Citizen Potawatomi Nation;
4. To regulate the uses of all lands and facilities under control of the Authority;
5. To accept grants and gifts from the Citizen Potawatomi Nation, the federal government or any
other governmental bodies or political subdivisions, and from any other person;
6. To enter into contracts with the Citizen Potawatomi Nation, the federal government or any
other governmental bodies or political subdivisions, and from any other person relating to the
furnishing of parks, recreational, or cultural services or facilities;
7. To contract with the Citizen Potawatomi Nation, the federal government or any other
governmental bodies or political subdivisions, for the construction, operation and maintenance
of any park which is partly in the Citizen Potawatomi Nation and partly in such adjoining
territory;
8. To exercise the same rights for acquiring property for the construction or improvement,
maintenance or operation of a park, recreational, or cultural facility as the Citizen Potawatomi
Nation may exercise. The Citizen Potawatomi Nation is authorized and empowered to transfer
jurisdiction over, to lease, lend, grant or convey to the Authority, upon the request of the
Authority, upon such terms and conditions as the governing body of the Citizen Potawatomi
Nation may agree with the Authority as reasonable and fair, real or personal property as may be
necessary or desirable in connection with the acquisition, construction, improvement, operation
or maintenance of a park, recreational, or cultural facility. Agreements may be entered into by
the authority with the Citizen Potawatomi Nation, or any agency acting on behalf of the Citizen
Potawatomi Nation, for the acquisition of any lands or property, owned or controlled by the
Citizen Potawatomi Nation, for the purposes of construction or improvement, maintenance or
operation of a park recreational, or cultural facility;
9. To make and enter into all contracts and agreements necessary or incidental to the
performance of its duties and the execution of its powers under this Act;
10. To do all acts and things necessary or convenient to carry out the powers granted by this Act;
11. To borrow, at such rates of interest as the law authorizes, from the federal government or
any agency thereof, individuals, partnerships, or private or municipal corporations, for the
purpose of acquiring parklands and improvements thereon; to issue its notes or other
obligations; to secure such obligations by mortgage or pledge of the property and improvements
being acquired and the income derived therefrom; and to use any revenues and other income of
the Authority for payment of interest and retirement of principal of such obligations. The Citizen
Potawatomi Nation may lend money to the Authority. Notes or other obligations issued under
this subdivision shall not be deemed to constitute a debt of the Citizen Potawatomi Nation or of
any political subdivision of the Citizen Potawatomi Nation or a pledge of the faith and credit of
the Citizen Potawatomi Nation or of any political subdivision of the Citizen Potawatomi Nation;
and
12. To adopt such rules and regulations from time to time, not in conflict with the laws of this
Citizen Potawatomi Nation, concerning the use of properties under its control as will tend to the
protection of such property and the public thereon.
13. To sue and be sued and to prosecute and defend, at law or in equity, any action or
proceeding seeking to enforce any provision of this Act. Any action or proceeding seeking to
enforce any provision of this Act, or based on any right arising out of this Act, shall be brought
against any of the parties only in the courts of the Citizen Potawatomi Nation, and each of the
parties hereto consents to the exclusive jurisdiction of the Citizen Potawatomi Nation District
Court and the appropriate appellate courts in any such proceeding, waives any objection to
venue laid therein and agrees no to plead or claim in any such courts that such proceedings
brought therein has been brought in any inconvenient forum;
14. All appropriations for the purposes set forth in this subchapter shall be made solely by the
Legislature of the Citizen Potawatomi Nation.
41-1-105 Annual Report, Rules, Regulations. The Authority shall make quarterly reports, shall
adopt rules and regulations, and establish general policies for the conduct of its business and for
the operation of public recreational and cultural activities and services. It shall make a quarterly
report to the Legislature of the Citizen Potawatomi Nation and such special reports as may be
requested in writing by the Legislature.
41-1-106. Exemption from taxation. The Authority is hereby declared to be performing a public
function in behalf of the Citizen Potawatomi Nation with respect to which the Authority is
created and to be a public instrumentality thereof. Accordingly, the income, including any profit
made by the Authority, shall at all times be exempt from all taxation by the State of Oklahoma,
any political subdivision thereof, including, county and city taxation.
41-1-107. Authority to be nonprofit; excess earnings
The Authority shall be nonprofit and no part of its net earnings remaining after payment of its
expenses shall enure to the benefit of any individual, firm or corporation, except that if the
Board of Directors of the Authority determines that sufficient provision has been made for the
full payment of the expenses and other obligations of the Authority then any net earnings of the
Authority thereafter accruing shall be paid to the Citizen Potawatomi Nation. However, nothing
herein contained shall prevent the Board of Directors from transferring all or any part of its
facilities or properties in accordance with the terms of any contract entered into by the
Authority."
NOW, THEREFORE BE IT ENACTED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI NATION
that the foregoing Parks, Recreation and Cultural Authority Act is HEREBY APPROVED.
EFFECTIVE DATE: This ordinance shall become effective upon adoption by the Legislature of the
Citizen Potawatomi Nation.
CERTIFICATION
In his capacity as Secretary-Treasurer of the Citizen Potawatomi Nation, the undersigned
hereby certifies that the above and foregoing ordinance is a true and correct copy of Ordinance
#17-05-NR-T41, as approved on the 8th of December, 2016 with 15 voting for, 1
opposed, 0 absent and 0 abstaining.
D. Wayne Trousdale
Secretary-Treasurer
Executive Approval:
X Approved
Disapproved
John A. Barrett
Tribal Chairman
17-05-NR-T41: An Ordinance creating a parks and recreation authority
TRANSCRIPTION:
Citizen Potawatomi Nation
Ordinance #17-05-NR-T41
AN ORDINANCE CREATING A PARKS AND RECREATION AUTHORITY
WHEREAS, the Citizen Potawatomi Nation is a federally recognized tribe of North
American Indians reorganized pursuant to the Oklahoma Indian Welfare Act of June 26, 1936,
with a history of self-government that begins long before the creation of the United States of
America and the State of Oklahoma; and
WHEREAS, the federal government of the United States of America has recognized the
Citizen Potawatomi Nation as a dependent sovereign with the powers and authority to govern its
resources, as well as the activities that take place on its trust lands, in a manner consistent with
federal law and regulation;
WHEREAS, the Legislature of the Citizen Potawatomi Nation has an interest in providing
for the health, safety, and welfare of the members of the Nation;
WHEREAS, the creation of a Parks and Recreational Authority will serve these aims.
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI
NATION that an ordinance establishing Title 41, Chapter 1, Sections 101 through 107 of the
Citizen Potawatomi Nation Tribal Code as follows IS HEREBY APPROVED.
"PARKS AND RECREATION AUTHORITY
41-1-101 Short Title. This Act shall be known and may be cited as the "Citizen Potawatomi Nation
Parks and Recreation Authority Act".
41-1-102 Purpose of Authority. The Citizen Potawatomi Nation Parks and Recreation Authority is
hereby created for the purpose of providing, maintaining and conducting parks and recreational facilities for the Citizen Potawatomi Nation.
41-1-103 Board of Directors.
The Authority shall be managed by a board of directors comprised of the Chairman of the Citizen
Potawatomi Nation, the Vice Chairman of the Citizen Potawatomi Nation, and the
Secretary/Treasurer of the Citizen Potawatomi Nation. The Chairman of the Citizen Potawatomi
Nation shall be the Chairman of the Board. The Board may appoint non-voting advisory
members. The directors and advisory-members shall receive no salary. The board shall keep
detailed minutes of its proceedings. It shall keep suitable records of its financial transactions, and
it shall arrange to have the records audited annually. Copies of each such audit shall be furnished
to the Citizen Potawatomi Legislature.
41-1-104 Powers of the Authority. The Authority shall be deemed to be performing essential
governmental functions providing for the public health and welfare, and is authorized and
empowered:
1. To employ employees as may be deemed proper to carry out in Section 102 of this Act;
2. To acquire and maintain equipment, land, buildings or other recreational facilities and make
capital improvements;
3. To acquire, purchase, lease as lessee, including leases governed by 25 U.S.C. §§ 415 et seq.,
construct, reconstruct, improve, extend, operate and maintain parks and recreational facilities
within, or partly within and partly outside the Citizen Potawatomi Nation;
4. To regulate the uses of all lands and facilities under control of the Authority;
5. To accept grants and gifts from the Citizen Potawatomi Nation, the federal government or any
other governmental bodies or political subdivisions, and from any other person;
6. To enter into contracts with the Citizen Potawatomi Nation, the federal government or any
other governmental bodies or political subdivisions, and from any other person relating to the
furnishing of parks or recreational services or facilities;
7. To contract with the Citizen Potawatomi Nation, the federal government or any other
governmental bodies or political subdivisions, for the construction, operation and maintenance
of any park which is partly in the Citizen Potawatomi Nation and partly in such adjoining
territory;
8. To exercise the same rights for acquiring property for the construction or improvement,
maintenance or operation of a park or recreational facility as the Citizen Potawatomi Nation may exercise. The Citizen Potawatomi Nation is authorized and empowered to transfer jurisdiction
over, to lease, lend, grant or convey to the Authority, upon the request of the Authority, upon
such terms and conditions as the governing body of the Citizen Potawatomi Nation may agree
with the Authority as reasonable and fair, real or personal property as may be necessary or
desirable in connection with the acquisition, construction, improvement, operation or
maintenance of a park or recreational facility. Agreements may be entered into by the Authority
with the Citizen Potawatomi Nation, or any agency acting on behalf of the Citizen Potawatomi
Nation, for the acquisition of any lands or property, owned or controlled by the Citizen
Potawatomi Nation, for the purposes of construction or improvement, maintenance or
operation of a park or recreational facility;
9. To make and enter into all contracts and agreements necessary or incidental to the
performance of its duties and the execution of its powers under this Act;
10. To do all acts and things necessary or convenient to carry out the powers granted by this Act;
11. To borrow, at such rates of interest as the law authorizes, from the federal government or
any agency thereof, individuals, partnerships, or private or municipal corporations, for the
purpose of acquiring parklands and improvements thereon; to issue its notes or other
obligations; to secure such obligations by mortgage or pledge of the property and improvements
being acquired and the income derived therefrom; and to use any revenues and other income of
the Authority for payment of interest and retirement of principal of such obligations. The Citizen
Potawatomi Nation may lend money to the Authority. Notes or other obligations issued under
this subdivision shall not be deemed to constitute a debt of the Citizen Potawatomi Nation or of
any political subdivision of the Citizen Potawatomi Nation or a pledge of the faith and credit of
the Citizen Potawatomi Nation or of any political subdivision of the Citizen Potawatomi Nation;
and
12. To adopt such rules and regulations from time to time, not in conflict with the laws of this
Citizen Potawatomi Nation, concerning the use of properties under its control as will tend to the
protection of such property and the public thereon.
13. To sue and be sued and to prosecute and defend, at law or in equity, any action or
proceeding seeking to enforce any provision of this Act. Any action or proceeding seeking to
enforce any provision of this Act, or based on any right arising out of this Act, shall be brought
against any of the parties only in the courts of the Citizen Potawatomi Nation, and each of the
parties hereto consents to the exclusive jurisdiction of the Citizen Potawatomi Nation District
Court and the appropriate appellate courts in any such proceeding, waives any objection to
venue laid therein and agrees no to plead or claim in any such courts that such proceedings
brought therein has been brought in any inconvenient forum;
14. All appropriations for the purposes set forth in this subchapter shall be made solely by the
Legislature of the Citizen Potawatomi Nation.
41-1-105 Annual Report, Rules, Regulations. The Authority shall make quarterly reports, shall
adopt rules and regulations, and establish general policies for the conduct of its business and for
the operation of public recreational activities and services. It shall make a quarterly report to the Legislature of the Citizen Potawatomi Nation and such special reports as may be requested in
writing by the Legislature.
41-1-106. Exemption from taxation. The Authority is hereby declared to be performing a public
function in behalf of the Citizen Potawatomi Nation with respect to which the Authority is
created and to be a public instrumentality thereof. Accordingly, the income, including any profit
made by the Authority, shall at all times be exempt from all taxation by the State of Oklahoma,
any political subdivision thereof, including, county and city taxation.
41-1-107. Authority to be nonprofit; excess earnings
The Authority shall be nonprofit and no part of its net earnings remaining after payment of its
expenses shall enure to the benefit of any individual, firm or corporation, except that if the
Board of Directors of the Authority determines that sufficient provision has been made for the
full payment of the expenses and other obligations of the Authority then any net earnings of the
Authority thereafter accruing shall be paid to the Citizen Potawatomi Nation. However, nothing
herein contained shall prevent the Board of Directors from transferring all or any part of its
facilities or properties in accordance with the terms of any contract entered into by the
Authority."
NOW, THEREFORE BE IT ENACTED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI NATION
that the foregoing Parks and Recreation Authority Act is HEREBY APPROVED.
EFFECTIVE DATE: This ordinance shall become effective upon adoption by the Legislature of the
Citizen Potawatomi Nation.
CERTIFICATION
In his capacity as Secretary-Treasurer of the Citizen Potawatomi Nation, the undersigned
hereby certifies that the above and foregoing ordinance is a true and correct copy of Ordinance
#17-05-NR-T41, as approved on the 8th of December, 2016 with 15 voting for, 1
opposed, 0 absent and 0 abstaining.
D. Wayne Trousdale
Secretary-Treasurer
Executive Approval:
X Approved
Disapproved
John A. Barrett
Tribal Chairman
17-06-J&PS-T7: An Ordinance amending Title 7 of the Citizen Potawatomi Nation Code.
TRANSCRIPTION:
Citizen Potawatomi Nation
Ordinance #17-06-J&PS-T7
AN ORDINANCE AMENDING TITLE 7 OF THE CITIZEN POTAWATOMI NATION CODE.
WHEREAS, the Tribal Code of the Citizen Potawatomi Nation requires updating from
time to time in order to remain responsive to current needs and to
protect the health, safety, and welfare of its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI
NATION that the Citizen Potawatomi Nation Code Title 7, Preface, Section 008 is hereby
amended as follows:
Section 7-0-008 Law to be Applied.
The Courts shall apply the Tribal Constitution, and the provisions of all statutory law. In
matters not covered by Tribal Statute, the Court shall apply traditional tribal customs and
usages, which shall be called the Common Law. When in doubt as to the Tribal Common
Law, the Court may request the advice of counselors and tribal elders. In any dispute not
covered by the Tribal Constitution, Tribal Statute, or Tribal Common Law, the Court may
apply any laws of the United States or any State which would be cognizable in the courts
of general jurisdiction therein, and any regulation of the Department of Interior which
may be of general or specific applicability.
The order of precedence in which the Courts shall apply the law is as follows:
1) the Tribal Constitution,
2) Tribal Statute,
3) Tribal traditional custom and usage (Common Law),
4) Federal law,
5) State laws applicable to tribal sovereign land under the Major Crimes Act, or
6) delegations of regulatory authority by Federal Statute.
The Tribal Courts may request the counsel of Tribal Elders and Counselors as well as
consider any precedents established under State Courts and State Law. The laws of the
United States as interpreted by the United States Supreme Court are binding and
enforceable in Tribal Court. Federal law that has been interpreted by the lower federal
courts that is in conflict with tribal statute and the rulings of other lower federal courts
may be considered by the Tribal Court in a manner most beneficial to the Citizen
Potawatomi Nation (Most Favorable Precedent).
The Indian Civil Rights Act of 1968, 25 U.S.C. §§ 1301 et seq., provides that no Indian
Tribe exercising powers of self-government shall fail to provide certain guarantees
contained in the United States Constitution, including, but not limited to, the right of free
exercise of religion, the right of freedom of speech, assembly, and petition, the right to
equal protection of the laws, and the right against deprivation of liberty or property
without due process of law. These guarantees are also enshrined in Article 16 of the
Citizen Potawatomi Nation Constitution. The Citizen Potawatomi Nation Code shall be
construed by the Courts to provide the guarantees identified in the Indian Civil Rights Act,
as defined by the United States Supreme Court.
NOW, THEREFORE BE IT ENACTED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI
NATION that the foregoing provisions are HEREBY APPROVED.
EFFECTIVE DATE: This ordinance shall become effective upon adoption by the Legislature
of the Citizen Potawatomi Nation.
CERTIFICATION
In his capacity as Secretary-Treasurer of the Citizen Potawatomi Nation, the
undersigned hereby certifies that the above and foregoing ordinance is a true and
correct copy of Ordinance #17-06-J&PS-T7, as approved on the 8th of December,
2016 with 16 voting for, 0 opposed, 0 absent and 0 abstaining.
D. Wayne Trousdale
Secretary-Treasurer
Executive Approval:
X Approved
Disapproved
John A. Barrett
Tribal Chairman
17-07-HHS-T31: An Ordinance amending Title31, Labor and Employment, of the Tribal Code of the Citizen Potawatomi Nation.
TRANSCRIPTION:
Citizen Potawatomi Nation
Ordinance #17-07-HHS-T31
AN ORDINANCE AMENDING TITLE 31, LABOR AND EMPLOYMENT, OF THE TRIBAL CODE OF THE
CITIZEN POTAWATOMI NATION.
WHEREAS, the Citizen Potawatomi Nation has a responsibility to ensure that in the event of
any work-related injury or death, the Nation's workers have an ability to be justly
compensated, and
WHEREAS, the Tribal Code of the Citizen Potawatomi Nation requires updating from time to
time in order to remain responsive to current needs, and
WHEREAS, there is a need to update the labor and employment code to reflect current
practices.
NOW, THEREFORE BE IT ORDAINED BY THE LEGISLATURE OF THE CITIZEN Potawatomi
POTAWATOMI NATION that the portions of Title 31 of the Tribal Code of the Citizen Potawatomi
Nation (Labor and Employment) expressly addressed herein are hereby amended
to read as follows:
PREFACE
Section 31-0-001 Citation
This Act may be cited as "The Citizen Potawatomi Nation Workers' Compensation
Ordinance for Tribal Employees" (hereafter, "Ordinance").
Section 31-0-002 Purpose
The purpose of this Ordinance is to establish the exclusive remedies available to
employees of the Citizen Potawatomi Nation ("CPN") on trust lands resulting from work-related
injuries and death.
Section 31-0-003 Exclusive Remedy
All work-related injuries and deaths sustained by employees of the Citizen Potawatomi
Nation are withdrawn from private controversy. The sole and exclusive remedy for same shall be
whatever is provided for in this Ordinance.
Section 31-0-004 Insurance
The benefits authorized by this Ordinance are limited to and solely derived from
insurance, which shall be purchased by the CPN.
Section 31-0-005 Sovereign Immunity
The CPN hereby waives the sovereign immunity of the tribe, its tribal agencies and
enterprises only the extent of any insurance purchased pursuant to this Ordinance and only as
necessary to enforce rights and obligations bestowed by the terms of this Ordinance. Solely for
the purpose of adjudicating claims under this Ordinance, the CPN consents to suit in tribal court.
Such suit shall not be entertained by the tribal court until an employee has satisfied all
administrative requirements imposed by this Ordinance and any subsequent rules imposed by
the CPN and/or any insurance policies purchased under Section 31-0-004.
Section 31-0-006 Administration
Claims and benefits under this Code shall be administered by the Citizen Potawatomi
Nation Office of Human Resources, or its successor, in conjunction with the insurance company
providing the benefits (hereafter, "Administrator").
Section 31-0-007 Rules
The Office of Human Resources and the Administrator, upon approval of the CPN
Legislature, will promulgate rules and procedures for pursuing claims for the benefits provided
by this Ordinance.
Section 31-0-008 Effective Date
This Ordinance shall take effect and be in full force from and after its adoptions by the
CPN Legislature.
CHAPTER ONE
RULES AND REGULATIONS GOVERNING
TRIBAL WORKERS' COMPENSATION CLAIMS
Section 31-1-101 Authorization
The Citizen Potawatomi Nation (hereafter, "Tribe" or "CPN") has enacted the Citizen
Potawatomi Nation Tribal Workers' Compensation Code (hereafter, "Code"). Chapter Three of
the Code states that the tribe may purchase insurance to provide benefits to tribal employees
who are injured on the job. Chapter Four of the Code states that regulations will be adopted to
govern how claims are to be administered. Accordingly, these "Rules and Regulations Governing
Tribal Workers' Compensation Claims" (hereafter, "Rules") have been adopted by the CPN
Legislature.
Section 31-1-102 Coverage
Covered workers within the meaning of Section 31-1-103 (7), (11), and (27) of the Rules
may be eligible for benefits under insurance purchased by the tribe. The tribe may, at its
election, reject the benefits set forth under Chapters Five, Six and/or Seven, and amend these
rules to include modified benefits under Chapters Five, Six and/or Seven.
Section 31-1-103 Definitions
Under the context otherwise requires, the definitions which follow govern the
construction and meaning of the terms used in this Code:
(1) "ADMINISTRATOR" shall mean any insurance company from which the tribe has
purchased an insurance policy to provide workers' compensation benefits
consistent with these Rules and the Code.
(2) "AVERAGE WEEKLY WAGE" shall be calculated based on the preceding fifty-two
52) weeks of the covered worker's actual wage earnings; or in the case of a
worker who has not worked for the tribe longer than fifty-two (52) weeks, the
Average Weekly Wage shall be calculated based on the tribes' Average Weekly
Beginning Worker Wage.
(3) "BENEFITS" shall mean the indemnity and medical payments provided by any
insurance purchased by the tribe pursuant to the Code. "Indemnity" shall mean
total disability and partial disability income benefits and impairment payment;
and "Medical" shall mean medical expenses, mileage and other expenses
associated with medical treatment.
(4) "CHILD" includes dependent natural legitimate children, dependent stepchildren,
adopted children and acknowledged illegitimate children, but does not include
married children or children over the age of eighteen (18) unless they are shown
to be dependents, as defined by 31-1-103(9).
(5) "CLAIMANT" means the injured covered worker or, in the event of death of the
covered worker, dependents of the deceased.
(6) "COURSE AND SCOPE OF EMPLOYMENT" shall mean the tribe's employment of
the covered worker at the time the injury occurred. An injury must arise out of
and be in the course and scope of employment, and the worker must be acting in
the furtherance of the employer's interest at the time of the incident and/or
accident, in order for a claim to be compensable.
(7) "COVERED WORKER" and "WORKER" shall mean persons employed for
compensation by the tribal government of the Citizen Potawatomi Nation. For
purposes of these Rules, the term "worker" or "covered worker" shall not mean
either (1) employees of the First National Bank and Trust Company of Shawnee
(2) independent contractors or (3) volunteer employees.
(8) "DEATH" is any fatality of the covered worker proximately and directly caused by
work injury or occupational disease.
(9) "DEPENDENTS" are the following persons, and they shall be deemed to be the
only recognizable dependents under the provisions of these Rules:
(a) The widow or widower, if married and living with the deceased at the time
of deceased's death and legally entitled to be supported by the deceased
as a dependent;
(b) A child under eighteen (18) years of age, incapable of self-support,
unmarried and dependent upon the deceased; or a child under twenty-
three (23) years of age enrolled and active as a full-time student in and
accredited education institution at the time of the covered worker's
injury, which can be substantiated by completed coursework;
(c) Any of the following persons who were wholly dependent on the earnings
of the worker for support at the time of his injury. The relation of
dependency must exist at the time of injury:
(i) A parent or grandparent
(ii) A grandchild, brother or sister, niece or nephew only if under
eighteen (18) years of age, or incapable of self-support and
dependent upon the deceased.
(10) "DISABILITY" means the inability of the covered worker to obtain and/or retain
wages equivalent to the pre-injury wage rate as a result of a direct loss of
functional capacity compromising that individual's ability to perform the
necessary duties of the job. This functional loss must be directly and materially
attributable to a compensable work related injury and/or occupational disease
and must be supported by the worker's attending physician "PARTIAL DISABILITY"
is distinguished as any incapacity less than 100 percent inability as defined above.
(11) "EMPLOYER" shall mean the Citizen Potawatomi Nation. See definition of
"Covered Worker" and "Worker" above. For notifications of injury and other
similar contexts, "Employer" shall mean a worker's supervisor or the
Administrator. For purposes of these Rules only, the terms "Employer," "tribe"
and "Potawatomi" shall also include:
(a) agencies, corporations and enterprises owned and operated by the Citizen
Potawatomi Nation unless excluded by these Rules or by a duly adopted
Resolution passed by a majority of the Citizen Potawatomi Nation Tribal
Legislature;
(b) any business owned and operated by the Citizen Potawatomi Nation:
(i) Radio Station KGFF-AM:
(ii) FireLake Golf Course and associated recreational and retail
facilities;
(iii) FireLake Entertainment Center, Grand Casino Hotel & Resort and
other gaming facilities;
(iv) FireLake Discount Foods, FireLake Express Grocery #1, FireLake
Express Grocery #2 (McLoud); and
(v) Grand Travel Plaza, FireLake Corner Store, and other retail
facilities.
(vi) FireLake Bowling Center, FireLake Arena and FireLake Ballfields
(12) "IMPAIRMENT" means any anatomic or functional abnormality or loss existing
after Maximum Medical Improvement as defined herein that results from a
compensable injury and/or occupational disease and is reasonably presumed to
be permanent based on reasonable medical probability as defined by the current
version of the American Medical Association Guides to the Evaluation of
Permanent Impairment.
(13) "INJURY" shall mean any physical or mental impairment, including, without
limitation, death and/or occupational disease as further herein defined.
(14) "INTOXICATION" means having any bodily concentration of alcohol or drugs or
conviction of the offense of driving while intoxicated (or words to that effect) by
any jurisdiction, or loss of the normal use of one's mental and/or physical
faculties resulting from the voluntary introduction into the body of (1) an
alcoholic beverage; (2) a controlled substance; (3) a mind-altering drug and/or
hallucinogenic; (4) an abusable glue or aerosol paint; or (5) any other similar
substance. The term "intoxication" does not include the loss of normal use of
mental or physical faculties resulting from the introduction into the body of a
substance taken under and in accordance with a prescription written for the
employee by the employee's doctor. The voluntary introduction into the body of
any substance listed herein based on any blood test or urinalysis creates a
presumption that the person is intoxicated.
(15) "MAXIMUM MEDICAL IMPROVEMENT" (MMI) means the earlier of:
(a) the point after which further material recovery from or last improvement
to an injury can no longer reasonably be anticipated, based on the
reasonable medical probability; or
(b) the expiration of twenty-four (24) months from the date Incapacity
Income Benefits begin to accrue.
(16) "OCCUPATIONAL DISEASE" shall be only those diseases which arise out of and in
the course and scope of the worker's employment. Such diseases shall have a
direct causal connection with the employment and must have followed as a
natural incident thereto from injurious exposure occasioned by the nature of the
employment. Such disease need not have been foreseen or expected but after its
contraction it must appear to have had its origin in a risk connected with the
employment and to have resulted from that source as an incident and rational
consequence. A disease which follows from a hazard to which a worker has or
would have been equally exposed outside of said occupation is not compensable
as an occupational disease.
(17) "OFFICE OF HUMAN RESOURCES" shall mean the CPN Office of Human Resources
or its successor.
(18) "PARENT OR GRANDPARENT" shall mean the natural or adoptive father or mother
or the natural grandfather or grandmother of the covered worker.
(19) "POLICY" shall mean any Tribal Workers Benefit Policy of Insurance issued to the
Nation.
(20) 'QUASI-DEPENDENT" means those persons who were only partially dependent on
the earnings of the covered worker for support at the time of the injury causing
death.
(21) "SCHEDULED WEEKS" means one hundred four (104) weeks and is the maximum
number of weeks that a covered worker shall be entitled to Functional
Impairment Benefits under these Rules.
(22) "MAXIMUM SCHEDULED WEEKS" means number of compensable weeks
determined by administration but not to exceed the maximum scheduled weeks.
(23) "SETTLEMENT" shall mean the date the release of all claims is executed and the
monetary terms of the agreement met.
(24) "TRIBAL COURT" shall mean the District Court of the Citizen Potawatomi Nation
and its appellate courts.
(25) Pronouns of the masculine gender used in these Rules shall apply to both sexes.
(26) Unless stated otherwise in specific sections of these Rules, time limits shall be
calculated using calendar days.
Section 31-1-104 Acknowledgment of Rules
(A) All covered workers and persons asserting a claim shall be conclusively presumed
to have elected to take Workers' Benefits in accordance with the tenants,
conditions, and provisions of these Rules by virtue of employment with the CPN.
(B) The following notice shall be posted in a conspicuous location in each separate
facility covered by these Rules:
NOTICE TO WORKERS
If you are injured or sustain an occupational disease while at work, you may be entitled to
benefits as provided by Tribal Ordinance. NOTIFY YOUR SUPERVISOR OR THE OFFICE OF HUMAN
RESOURCES IMMEDIATELY OF ANY INJURIES, NO MATTER HOW SLIGHT. If you fail to do so, you
may lose your benefits under the Tribal Workers' Benefits System. In no event shall benefits be
paid to a worker who failed to notify his supervisor or the Office of Human Resources within five
(5) calendar days after sustaining such work-related injury.
Your exclusive remedy for any work connected injury or disease is through compliance with
these Rules. Oklahoma's Workers' Compensation System will not accept a claim from you
because you are employed by a Sovereign Indian Nation employer who is exclusively under the
jurisdiction of its own Tribal Workers' Benefit System.
NOTICE TO SUPERVISORS
You are required to display this poster conspicuously in a manner that will be of greater benefit
to your workers. It is your responsibility to file a claim on behalf of your worker. You are
required to report any injuries or notification of occupational disease as soon as possible, and in
no event more than five (5) calendar days after you have knowledge thereof. It is your
responsibility to obtain any necessary forms from the Office of Human Resources department.
Section 31-1-105 Notification to Employer of Injury by Worker
Any covered worker and/or person claiming benefits under these Rules must notify his
supervisor or the Office of Human Resources of any and all injuries immediately, and in no event
later than five (5) calendar days from the date of occurrence. Failure to report such incidents
may result in the worker's forfeiture of benefits under these Rules.
Section 31-1-106 Time Limit For Reporting of Claims
(A) Claims for injury shall be made by the covered worker within five (5) calendar
days of the date of occurrence.
(B) Claims for occupational disease shall be made within five (5) calendar days from
date of first notice to the claimant by a physician or from the date of
manifestation of symptoms, whichever is earliest, but in no event, longer than
five (5) calendar days from the date worker terminates his employment with
Employer.
(C) Failure to give notice of injury to the Employer within the above sated time limit
shall constitute a forfeiture by the covered worker, or his representatives in case
of death, of all benefits available and payable under these Rules.
Section 31-1-107 Burden of Proof
(A) The burden of proof shall rest upon the covered worker, or his dependents in the
case of death, to prove;
(1) That the injury complained of was a result of an incident, accident or
occupational disease;
(2) That it arose out of the covered workers' employment;
(3) That it arose while in the course and scope of employment and arose
proximately out of covered employment; and
(4) That it arose while in the furtherance of the employer's interests.
Section 31-1-108 Right to Waive Defenses
The Administrator and/or Insurer shall have the right and power to waive any and all
defenses (except the defense of tribal sovereign immunity) that may affect the compensability of
a covered injury under these Rules.
Section 31-1-109 Guardian for Minor or Incompetent
Any person who is mentally incompetent and/or under the age of eighteen (18) and is
entitled to receive compensation under these Rules, shall be appointed a guardian or other
representative by the Administrator.
CHAPTER TWO
ADMINISTRATOR'S DUTIES AND POWERS
Section 31-2-101 Administrator: Powers and Duties
(A) The Administrator or its designee shall be the payor of the workers' benefits and
all authorized disbursements therefrom shall be paid by the Administrator or
representative with its stated authority, and shall be the custodian of all claim
files and related documents.
(B) The Administrator shall administer these Rules in accordance with the terms and
conditions described herein, and remit payment described herein and remit
payment for all matters of benefit claims as provided for in these Rules. Further,
the Administrator shall have the authority to determine the distribution of benefit
checks.
(C) The Administrator shall be empowered to request medical reports, police reports,
autopsy reports, and special investigations, engage the services of adjusters and
consultants, and perform other activities as required to process any claim for
benefits or to further these Rules.
(D) In the case of death of a covered worker, the Administrator shall have the right to
request the performance of an autopsy on the decedent from an appropriate
official licensed to perform autopsies, and further the Administrator shall have
the right to request any and all reports made from such autopsies. If requested,
the legal beneficiaries of the deceased worker are entitled to have a
representative present at any autopsy ordered by the Administrator.
(E) Complete and accurate administrative records and claim files shall be maintained
on all activities relating to the claims made under the Policy. All closed files shall
be preserved for not less than six (6) years.
Section 31-2-102 Accident/Investigation Reports
(A) When an incident and/or accident occurs to a worker, the worker shall
immediately, or as soon as possible thereafter and in no event later than five (5)
calendar days from the date of the occurrence, report the incident or accident
and the injury resulting therefrom to his immediate supervisor, who in turn shall
report to his department or organization, as appropriate.
(B) All incidents or accidents resulting in injury or death must be reported to the
Administrator within five (5) calendar days of the date of occurrence or
knowledge of alleged occurrence by the responsible department or organization.
Section 31-2-103 Acceptance/Denial of a Claim
Upon receiving a claim for benefits from an injured worker, the Administrator shall
promptly investigate the claim and begin payment of compensation within twenty-one (21)
calendar days of a valid claim or the Administrator shall send the claimant written notice, within
twenty-one (21) calendar days, that further investigation is needed and the reasons for further
investigation. The Administrator shall complete its investigation within forty-five (45) calendar
days of receipt of the claim and shall commence the payment of benefits or notify the claimant
in writing that the claim is denied.
CHAPTER THREE
COVERAGE AND COMPENSABILITY
Section 31-3-101 Entitlement to Benefit
Subject to the provisions of Section 31-0-004 of this Code, coverage exists under these
Rules for a covered worker's injury without regard to fault or negligence if the injury arises out of
and in the course and scope of employment and if the worker was acting in furtherance of the
employer's interest at the time of the injury and/or incident, including, without limitation, any
covered worker whose work at the time of injury was subject to the Longshore and Harbor
Workers' Compensation Act (33 USC §901-950), the Jones Act (46 U.S.C.A. appx. §688), or any
other Federal Workers' Compensation Acts. If an injury is an occupational disease as defined
herein, the employer in whose employ the worker was last injuriously exposed to the hazards of
the disease is considered to be the employer of the worker for purposes of obtaining benefits
under these Rules.
Section 31-3-102 Disclosure of Pre-Existing Disabilities
(A) Each worker shall disclose any pre-existing disease, allergy, physical or mental
disorder and/or disability known to the worker that would prevent him from
performing in a reasonable and safe manner the activities involved in his assigned
work. Disclosure shall be made in the employment application before
commencing employment or before becoming a covered worker under these
Rules, as provided herein. Each worker shall also have a duty to seasonably
inform the Administrator of any new or changed health condition that could
affect the worker's performance of his assigned duties. Such disclosure shall be
made - at the latest - promptly after submitting a claim for benefits under these
Rules.
(B) Any claim resulting from an employment-related aggravation of a pre-existing
condition that was not disclosed as required under these Rules may be declined
by the Administrator under these Rules if the claimant had knowledge of the pre-
existing condition and failed to disclose such condition pursuant to Section 31-3-
102 (A).
Section 31-3-103 Mental Trauma Injuries
(A) Mental traumas, disorders, and/or conditions, even if manifested in physical
symptoms and/or related to stress, are not compensable injuries under these
Rules, except that mental trauma is only recoverable if resulting from an injury
traceable to a definite time, place, and cause rather than from repetitive mental
trauma and diagnosed by a duly licensed psychiatrist or psychologist.
(B) Regardless of Section 31-3-103 (A), a mental trauma or emotional injury that
arises principally from a personnel action, including, without limitation, a transfer,
promotion, demotion, or termination is not a compensable injury under these
Rules.
Section 31-3-104 Going To and Returning From Work
An accident and/or incident occurring to a worker while on the way to or from work is
not within the course and scope of employment except when such traveling is directly connected
with the worker's work and in furtherance of the employer's interest. This exception will not
apply if the worker deviates from a reasonable direct route of travel and/or is not acting in the
interests of the employer.
Section 31-3-105 Benefits Precluded by Neglect and/or Refusal of Worker to Submit to
Treatment
(A) No benefits shall be payable for the death and/or disability of a worker if the
worker's death is caused by, or the worker's disability is aggravated, caused or
continued by, and unreasonable refusal and/or neglect to submit to and/or follow
any competent or reasonable surgical treatment, medical aid or advice. A worker
who has refused and/or neglected to submit to medical and/or other therapeutic
treatment will be deemed to have reached Maximum Medical Improvement as
defined herein. Any such existence of a disability that could have been
reasonable treated to success with reasonably medical probability will be
discounted in determining the appropriate incapacity rating as proscribed herein.
(B) Any covered worker entitled to benefits under these Rules shall be presumed to
have reached Maximum Medical Improvement if such claimant has refused
and/or neglected to seek appropriate medical treatment within six (6) months
from the date of occurrence or from the last date of prior treatment.
Section 31-3-106 injury or Death by Consumption and/or Application of Drugs and/or
Chemicals
No benefits of any nature shall be payable for injury and/or death caused or contributed
to by the use and/or abuse of any drug, including narcotics and hallucinogens, whether organic
or chemical in nature, or any gas, vapors, and/or fumes taken and/or inhaled voluntarily, or by
voluntary poisoning. The Administrator may choose to pay benefits for injury and/or death
caused or contributed to by the use of prescription drugs only if (1) the drug was used in a
manner consistent with its labeling and with the advice of the prescribing physician, (2) the
drug's listed side effects could reasonably be anticipated to interfere with the performance of
the worker's assigned duties, and (3) the worker advised his immediate supervisor of the
prescription's possible side effects.
Section 31-3-107 Intoxication
No benefits of any nature shall be payable for any covered worker injured or killed while
intoxicated as defined in Section 31-1-103 (14) of this Code, regardless of whether or not the
intoxicated condition was the proximate cause of the injury or death. It is only necessary to
prove that the covered worker was intoxicated at the time of the incident or accident to deny
benefits under these Rules. All workers accepting employment with an employer and under
these Rules, agree to submit to post-incident/post-accident drug and alcohol screening, and
agree to waive any statutory or common-law privilege associated with the results of said test.
Section 31-3-108 False Statement or Representation to Obtain Compensation; Penalty and
Forfeiture
If, in order to obtain any benefits under the provision of these Rules, any person willfully
makes a false statement or representation, they shall forfeit all rights to compensation, benefits,
or payments upon proof that the offense was committed. Any claim resulting from an
employment-related aggravation of a pre-existing condition that was not disclosed as required
under these Rules may be declined by the Administrator under these Rules if the claimant had
knowledge of the pre-existing condition and failed to disclose such condition pursuant to Section
31-3-102.
Section 31-3-109 Injuries Resulting From Self-Inflicted Injuries, Willful Misconduct or "Horseplay"
No benefits of any nature shall be payable for any covered worker's injury or death
caused by a covered worker's willful intention to injure himself or another. An injury sustained
during "horseplay" is not incurred in the course and scope of the employment, and thus such an
injury under these Rules is not compensable. In addition, the willful disregard of a safety order
from the employer to the worker to wear a safety device and/or to perform work in a certain
manner may cause such person to forfeit all rights to compensation, benefit, or payment upon
proof that the offense was committed and that such disregard or performance was the direct
and proximate cause of the injury, death, and/or occupational disease.
Section 31-3-110 Injuries Resulting From "Acts of God"
No benefits of any nature shall be payable for any covered worker injured or killed when
the injury arose out of an act of God, such as fire, tornado, earthquake, hurricane, flood, war,
terrorism, civil disorder, disease, medical epidemics or outbreaks, etc., unless the employment
exposes the worker to a greater risk of injury from an act of God than ordinarily applies to the
general public.
Section 31-3-111 Recreational, Social or Athletic Activities
No benefits of any nature shall be payable for any covered worker injured or killed if the
injury or accident occurred as a result of the worker's voluntary participation in an off-duty,
recreational, social, or athletic activity not constituting part of the worker's work-related duties,
except where these activities are expressly required by the employer. Only employees who are
being paid or receiving "comp time" for participation in an event held in conjunction with an
official tribal activity shall be eligible to receive benefits.
Section 31-3-112 Injuries Caused by Third Parties
No benefits of any nature shall be payable for any covered worker injured or killed as the
result of an act of a third party who intended to injure the worker because of reasons personal
to that worker and not directed at the worker for reasons indigenous to his employment.
CHAPTER FOUR
BENEFITS - GENERAL PROVISIONS
Section 31-4-101 Right to Compensation and Medical Treatment Benefits
Every covered worker coming within the provisions of these Rules who is injured, and in
the event of a worker's death, the dependents of every such covered worker, arising out of and
in the course and scope of employment and while acting in the furtherance of the employer's
interest at the time of the incident and/or accident, unless the injury is otherwise limited or
excluded by the terms and conditions of these Rules, shall be entitled to receive, and shall be
paid, for loss sustained on account of the injury, death and/or occupational disease, such
benefits as provided under these Rules.
Section 31-4-102 Worker's Benefit as Exclusive Remedy
The rights and remedies provided by the provisions of these Rules for a worker on
account of injury or occupational disease for which benefits under these Rules are recoverable,
shall be the exclusive and only rights and remedies of such worker, the worker's personal or legal
representative, dependents, or next of kin, at common law or otherwise, on account of such
injury and/or occupational disease against the employer, the employer's representative, insurer,
guarantor or surety, for any matter relating to the occurrence of or payment for any injury or
death covered under these Rules and including any other benefits or compensation a worker
may attempt to obtain from a third party who may be able to seek indemnification from an
employer.
Section 31-4-103 Effect of Compensation Paid in Other Jurisdiction or Third Party Recovery
A covered worker who pursues and recovers compensation under the worker
compensation laws of another jurisdiction, in violation of Section 31-4-102, is barred from
recovering under these Rules. A covered worker who seeks recovery against a third party for a
work-related injury forfeits and waives any and all rights to compensation under these Rules.
Section 31-4-104 Liability of Third Parties-Subrogation
The employer and/or its representative, insurer, guarantor, or surety shall be subrogated
to the common law rights of the worker to pursue any claims for compensation against any third
party that is liable for the death of or injuries to, said worker arising out of and in the course and
scope of employment and while the worker was acting in the furtherance of the employer's
interest to the extent of the benefits bestowed upon the said worker. In case of recovery of the
proceeds thereof shall be distributed as follows:
(A) A sum sufficient to repay the employer and/or the Administrator for the amount
of Compensation actually paid to the worker under these Rules up to that time;
(B) A sum sufficient to pay the employer the present worth, computed at the current
legal interest rate for court judgments and decrees, of the future payments of
compensation for which the employer is liable.
(C) The balance, if any, shall be paid over to the worker.
For subrogation purposes hereunder, any payment made unto a covered worker, his
guardian, parent, next of kin, or legal representative, by or on behalf of any third party, his or its
principal or agent liable for, connected with, or involved in causing an injury to such worker shall
be considered as having been so paid as damages resulting from and because said injury was
under circumstances creating a legal liability against said third party, whether such payment be
made under a covenant not to sue, compromise settlement, denial of liability or otherwise.
Section 31-4-105 Assignability of Benefits-Attachment of Liens
Benefits received under these Rules are not assignable, except that a legal beneficiary
may, with approval of the Employer, assign the right to death benefits. Income of death benefits
are subject only to the following liens or claims, to the extent of any income or death benefits
that are unpaid on the date the Administrator receives written notice of the lien, in the following
order of priority:
(A) Court-ordered child support; and
(B) A subrogation interest established under these Rules.
Section 31-4-106 Aggravation of Pre-Existing Disease or Condition
If a covered worker is suffering from a pre-existing disease and/or injury or any source of
the same impairment at the time an occupational incident, accident and/or disease occurs or
arises in the course and scope of employment and while the worker was acting in furtherance of
the employer's interest at the time of the injury and/or incident, and the preexisting disease
and/or injury is aggravated thereby, the aggravation of the disease or injury is subject to
provisions herein, compensable under these Rules. The amount of the award for that disability
as set forth in these Rules may be reduced or denied in its entirety by the Administrator in
consideration of the following:
(A) A prior settlement from any source for the same impairment, including but not
limited to: slip and fall accidents, car accidents, or other liability claims other than
worker's compensation claims;
(B) The difference between the degree of impairment of the worker before the
covered accident and/or occupational disease and the degree of impairment after
the covered accident or occupation disease.
(C) In no event shall benefits be paid for impairments and/or disabilities in excess of
One Hundred (100) percent of the whole person.
(D) Whether the disability results from a disease or injury the worker failed to
disclose in violation of Section 31-3-102.
Section 31-4-107 Termination of Benefits Upon Death
Where a worker is entitled to compensation under these Rules for an injury sustained,
and death ensues from any cause not resulting from the injury for which he was entitled to the
compensation, payments of the unpaid balance for such injury shall cease and all liability for
such compensation thereafter shall terminate.
Section 31-4-108 Annuitized Benefits
The Administrator may elect to settle any outstanding issue through an annuity with the
approval of the CPN Legislature. Such an annuity shall be non-transferrable. If the cash value of
the annuity is not paid prior to the worker's death, CPN shall be the beneficiary of the remainder
of the cash value of the annuity.
CHAPTER FIVE
BENEFITS
Section 31-5-101 Vocational Rehabilitation
Vocational Rehabilitation benefits are not mandatory under these Rules, but may, in the
discretion of the Administrator be ordered pursuant to its authority established herein.
Section 31-5-102 Waiting Period
An initial waiting period of three (3) consecutive calendar days is to accrue before the
covered worker shall be entitled to benefits under this Section. In case the injury results in
disability of fourteen (14) days or more, the benefits will be allowed from the date of disability.
Section 31-5-103 Total Disability & Partial Disability Income Benefits
(A) When the worker is disabled from work duty at the directions of the employer
designated physician by reason of a compensable injury or occupational disease,
benefits shall be payable as follows:
(1) If the covered worker is One Hundred (100) percent disabled, benefits are
payable at Seventy (70) percent of the worker's pre-injury average weekly
wage.
(2) If the covered worker is less than One Hundred (100) percent disabled,
benefits are payable at Seventy (70) percent of the worker's pre-injury
average weekly wage.
(3) The Tribal Administrator, Deputy Tribal Administrator, any other
compensated tribal officer and directors of tribal programs and
enterprises shall receive benefits equal to One Hundred (100) percent of
the pre-injury weekly wage or salary.
(B) The worker will be subject to annual verifications of total disability status. Except
as provided herein, such benefits will continue to be paid in accordance with the
terms of these Rules until which time the earliest of the following occurs:
(1) The expiration of twenty-four (24) months from the date of the
occurrence, or in the case of an occupational disease, twenty-four (24)
month from the earliest of the first manifestation of the symptoms or
notification from a physician that the illness is indigenous of the worker's
condition;
(2) The attending physician declares that the worker has reached Maximum
Medical Improvement;
(3) The claimant is incarcerated;
(4) A full, unrestricted release is provided by the treating physician;
(5) A modified or light duty release is provided by the treating physician and a
bona fide job offer of suitable work consistent with the worker's disability
is rejected;
(6) A new or intervening incident is the proximate cause of disability;
(7) Benefits are refused by the worker;
(8) Presumption of MMI or abandonment of medical treatment as defined by
Section 31-4-101 of these Rules;
(9) Suspension of benefits for reasons granted authority in these Rules;
(10) The worker's earnings capacity is reduced for reasons other than disability
from the work-related injury.
(11) The covered worker dies from any cause not resulting from the injury for
which he was entitled to compensation under this Section, and the
covered worker's estate is not entitled to any further benefits under these
Rules.
Section 31-5-104 Impairment Benefits
(A) At the expiration of twenty-four (24) months from the date of the incident,
accident and/or occupational disease, the worker is presumed to have reached
Maximum Medical Improvement (MMI) regardless of disability and/or current
medical status. The attending physician is to provide an impairment rating in
accordance with the most current edition of the American Medical Association
based on reasonable medical probability. In addition, at this time the attending
physician is required to provide a treatment plan for reasonable and necessary
future medical needs.
(B) The impairment ratings are to be converted to the man as a whole. Those rating
as assigned to a specific body part are to be convened in accordance with the
AMA guidelines.
(C) A rating may not be issued prior to the declaration of Maximum Medical
Improvement. The Administrator may reserve issuance of payment under the
following conditions:
(1) Contribution for prior impairment ratings;
(2) Clarification by the Administrator of these Rules as to the validity of the
date for MMI;
(3) Similar rating or Maximum Medical Improvement issues to be resolved
before the physician.
(D) The rating recognized by the Administrator is binding. The rating will not be
retroactively paid for weeks accrued in resolving the rating issue subsequent to
the date of Maximum Medical Improvement. Such benefits will become effective
the date of the ruling and commence at the time. Benefits will not be withheld
beyond a reasonable time period in clarification of the rating and MMI date.
(E) The settlement for impairment for those eligible covered workers will be based
on the ratings for parts of body or as whole body. Notwithstanding provisions
herein, the administrator shall retain the right and discretion to order lump sum
settlements and weekly settlements at their sole discretion.
Section 31-5-105 Benefit Issuance Period
Except as provided herein:
(A) All benefits under this Article are to be issued weekly.
(B) There shall be no acceleration of benefits under these Rules.
(C) Any settlements issued on behalf of a covered worker shall be executed by signed
memorandum only.
Section 31-5-106 Not To Exceed Pre-Injury Average Weekly Wage
In no event may the worker's incapacity income benefits, or other income sources
supplementing the loss income exceed One Hundred (100) percent of the worker's pre-injury
average weekly wage.
Section 31-5-107 Benefit Offsets
The Administrator is entitled to benefit offsets for any pecuniary wages paid in the form
of Social Security, long-term and short-term disability, employer elected salary contribution,
vacation or sick leave or any other entitlement of a similar nature. Further, if any overpayment is
made under this Article to the covered worker of any Disability Income Benefits, such shall be
deducted from any benefits payable under functional Impairment Benefits; or in the case where
no Functional Impairment Benefits are payable, then such overpayment of benefits may be
deducted through payroll deductions.
CHAPTER SIX
DEATH BENEFITS
Section 31-6-101 Distribution of Death Benefits
When death ensues to the covered worker by reason of a compensable injury or
occupational disease, benefit shall be payable to the dependents who were wholly dependent on
the earnings of the worker for support at the time of his injury, compensation upon the basis of
seventy-five (75) percent per week of the worker's average weekly wage, commencing from the
date of death as follows:
(A) If there are no children entitled to benefits, then all to the surviving spouse for
the projected probable life span of the decedent based on established mortality
tables, the life of the surviving spouse or until remarriage, whichever comes first,
provided that upon remarriage two years benefits shall be paid to the surviving
spouse in a lump sum at the discretion of administration. To be an eligible
"surviving spouse" under these Rules, the surviving spouse must have been
married and living with the decedent at the time of the compensable injury. If
there are surviving eligible children, the surviving spouse shall be entitled to one-
half of death benefits.
(B) If there is no surviving spouse, equal shares of all to:
(1) Any child of the deceased until the child shall reach the age of eighteen
(18), or until the child dies, whichever occurs first;
(2) Any child beyond eighteen (18) years of age if such child older than
eighteen (18) years of age is enrolled as a full-time student in any
accredited educational institution, which can be substantiated by
completed coursework, at the time of the injury to the covered worker.
That child shall be entitled to benefits until earliest of: the date on which
the child dies, the date on which the child reaches twenty-three (23), or
the date on which the child ceases, for a second consecutive semester, to
be enrolled as such a student.
(3) Any child who was physically or mentally incapacitated from earning at the
time of the compensable injury causing death for the duration of the
incapacity or the incapacitated child's death, whichever is earlier.
(4) If there is a surviving spouse, one-half of death benefits paid to each
surviving eligible child in equal shares.
(C) If there is no surviving spouse, nor any surviving eligible children, death benefits
shall be paid to any surviving minor and dependent grandchildren equally, until
such time as the grandchild dies or ceases to be a minor.
(D) If there is no surviving spouse, child or grandchild, the death benefits shall be paid
to a surviving dependent who is a parent, sibling, or grandparent of the deceased
and who were wholly dependent on the earnings of the worker for support at the
time of the compensable injury. If more than one of these dependents survives
the deceased, the death benefits shall be divided among them in equal shares.
(E) If the worker is not survived by any of the above dependents and is survived by
quasi-dependents who were only partially dependent upon the earnings of the
covered worker at the time of his death, then weekly compensation payable
under this Section shall be equal to the same proportion of the weekly benefits
for the benefit of the person wholly dependent as the amount contributed by the
worker to such quasi-dependents bears to the annual earnings of the deceased at
the time of injury for the projected probable life span of the decedent based on
established mortality tables or the life of the dependent, whichever comes first.
(F) If the worker is not survived by any beneficiaries or dependents, or quasi-
dependents as set forth in this section, any duty to pay such benefits, but not
including burial benefits, under this Article shall cease immediately.
Section 31-6-102 Death From Other Causes
Where a worker is entitled to compensation under these Rules for any injury sustained,
and death ensues from any cause not resulting from the injury for which he was entitled to the
compensation, payments of the unpaid balance for such injury shall cease and all liability
thereafter shall terminate.
Section 31-6-103 Redistribution of Death Benefits
(A) If a legal beneficiary as defined in Section 31-6-101 dies or otherwise becomes
ineligible for death benefits, benefits shall be redistributed to the remaining legal
beneficiaries in accordance with Section 310-6-101.
(B) If all legal beneficiaries cease to be eligible, any duty to pay the remaining death
benefits payable under Section 31-6-101 shall cease immediately.
CHAPTER SEVEN
MEDICAL BENEFITS
Section 31-7-101 Entitlement to Medical Benefits
All covered workers are entitled to reasonable health care, supplies and reasonable
necessary transportation incurred for such services. Medical benefits are payable from the date
the compensable injury or accident occurs.
Section 31-7-102 Right to Select Doctor; Employer Selection
(A) Except in an emergency where the employer, Administrator or his agent cannot
be reached immediately, all health care must be approved or recommended by
the employer or Administrator from providers within CPN's internal networks.
Health care treatment must be offered promptly and be reasonably suited to
treat the injury without undue inconvenience to the worker. If the worker has
reason to be dissatisfied with the care offered, he should communicate the basis
of such dissatisfaction to the Administrator, in writing if requested, following
which the Administrator and the worker may agree to alternate care reasonably
suited to treat the injury.
(B) Chiropractic treatment must be approved by the Administrator and approved by
the attending physician in CPN's internal network. Treatment is limited to sixty
(60) days from the referral date, or sixteen (16) treatments whichever is less.
(C) Maintenance drugs deemed medically necessary are to be provided through CPN
pharmacy's medical benefits or mail-order pharmacy tied to medical insurance.
(D) The Administrator is under no obligation to pay for health care furnished by a
health care provider or any other person selected in a manner inconsistent with
the requirements of this Chapter.
Section 31-7-103 Release of Medical-Related Information
The CPN, the Office of Human Resources, the Administrator or any agents thereof, in
making or defending a claim for benefits, agrees to the release of all information to which the
worker, employer, carrier, or his agents have access concerning the worker's physical or mental
condition relative to the claim and further waivers any privilege for the release of such
information. The information shall be made available to any party or the party's representative
upon request, and includes any third-party health care providers. Neither the CPN, the Office of
Human Resources, the Administrator nor any agents thereof shall be liable criminally or for civil
damages by reason of the release of information.
Section 31-7-104 Medical Expenses
(A) Expenses shall be limited to those usual and customary charged in the
community, or like community, for similar services. Charges believed to be
excessive or unnecessary may be denied by the Administrator. Any institution or
person rendering treatment to a worker under these Rules agrees to be bound by
such charges as allowed by the Administrator and shall not recover in law or
equity any amount in excess of that set by the Administrator.
(B) In no event shall the Tribal Workers' Benefit System be liable for expenses or
reimbursement for medical, surgical, hospital, or related benefits to which the
injured person may be entitled to receive from or through the United States
Public Health Service or any other Federally funded or sponsored Indian Health
Service, nor in any event shall the Tribal Workers' Benefit System be considered
to be an "alternative source" for payment of the expense of such service.
Section 31-7-105 Settlement of Future Medical Treatment
The worker may negotiate settlement of future medical expenses which will be paid in
weekly installments to the worker. The basis for settlement will be the value of the current and
future medical treatment plan. Settlements under this Section must be approved by the Citizen
Potawatomi Nation Tribal Legislature.
CHAPTER EIGHT
ADJUDICATION OF DISPUTES
Section 31-8-101 Appeals From Decisions of the Administrator
Any and all appeals from a decision of the Administrator may be filed in the District Court
in and for the Citizen Potawatomi Nation ("Tribal Court"). Any appeal shall be limited to
determining only whether the Administrator's decision is supported by any substantial evidence.
Section 31-8-102 Hearings
All Parties, including the claimant, the CPN and the Administrator, shall have the right to
be represented by an attorney in all matters presented to the Tribal Court, to cross-examine all
witnesses and to review all evidence of any nature as it may be related to the matter under
consideration. However, attorney fees are limited by Section 31-8-103.
Section 31-8-103 Claimant Attorney's Fees and Other Related Costs
(A) If the Tribal Court awards benefits to the claimant in excess of the Administrator's
original benefit determination (as communicated to the claimant), the claimant's
attorney's fees will be approved with a maximum limit often (10) percent of the
total benefits award, or Five Thousand ($5,000.00), whichever is less. No
attorney's fees shall be paid from sums due a surviving spouse per Section 31-6-
101. No attorney's fees shall be approved on undisputed death claims.
(B) The claimant or Administrator may engage the services of physicians or experts
for hearing purposes at the respective party's costs which is not reimbursable
regardless of the ultimate outcome of the dispute. The opinions of such
consultants will be considered in a contested case, notwithstanding the provisions
of these Rules limiting the outside or unauthorized treatment.
NOW, THEREFORE BE IT ENACTED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI
NATION that an Ordinance amending Title 31, Labor and Employment, of the Citizen Potawatomi
Nation Tribal Code IS HEREBY APPROVED.
EFFECTIVE DATE: This ordinance shall become effective upon adoption by the Legislature of the
Citizen Potawatomi Nation.
CERTIFICATION
In his capacity as Secretary-Treasurer of the Citizen Potawatomi Nation, the undersigned hereby
certifies that the above and foregoing ordinance is a true and correct copy of Ordinance #17-07-
HHS-T31, as approved on the 6th day of March, 2017 with 16 voting for, 0 opposed,
0 absent and 0 abstaining.
D. Wayne Trousdale
Secretary-Treasurer
Executive Approval:
X Approved
Disapproved
John A. Barrett
Tribal Chairman
17-08-ED&C-T23: An ordinance creating an Industrial Development Authority.
TRANSCRIPTION:
Citizen Potawatomi Nation
Ordinance #17-08-ED&C-T23
AN ORDINANCE CREATING AN INDUSTRIAL DEVELOPMENT AUTHORITY
WHEREAS, the Citizen Potawatomi Nation is a federally recognized tribe of North American
Indians reorganized pursuant to the Oklahoma Indian Welfare Act of June 26, 1936,
with a history of self-government that begins long before the creation of the United
States of America and the State of Oklahoma; and
WHEREAS, the federal government of the United States of America has recognized the Citizen
Potawatomi Nation as a dependent sovereign with the powers and authority to
govern its resources, as well as the activities that take place on its trust lands, in a
manner consistent with federal law and regulation;
WHEREAS, the Legislature of the Citizen Potawatomi Nation has an interest in providing for the
economic development of the members and jurisdictional territory of the Nation;
WHEREAS, the creation of an Industrial Development Authority will serve these aims; and
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI NATION
that an ordinance establishing Title 23, Chapter 6, Sections 101 through 107 of the Citizen
Potawatomi Nation Tribal Code as follows IS HEREBY APPROVED.
INDUSTRIAL DEVELOPMENT AUTHORITY
23-6-101. Short Title. This Act shall be know and may be cited as the "Citizen Potawatomi Nation
Industrial Development Authority Act".
23-6-102. Purpose. The Citizen Potawatomi Industrial Development Authority is hereby created
for the purpose of developing and operating an industrial park to encourage industry, nonprofit
and commercial enterprises, manufacturing, assembly, the transportation of goods, and the
provision of associated services within the trust lands and jurisdictional territory of the Citizen
Potawatomi Nation.
23-6-103. Board of Directors. The authority shall be managed by a board of directors comprised
of the Chairman of the Citizen Potawatomi Nation, the Vice-Chairman of the Citizen Potawatomi
Nation, and the Secretary/Treasurer of the Citizen Potawatomi Nation. The Chairman of the
Citizen Potawatomi Nation shall be Chairman of the Board. The Board may appoint non-voting
advisory members. The directors and advisory-members shall receive no salary. The Board shall
keep detailed minutes of its proceedings. It shall keep suitable records of its financial
transactions, and it shall arrange to have the records audited annually. Copies of each such audit
shall be furnished to the Citizen Potawatomi Legislature.
23-6-104. Powers of the Authority. The authority shall have the following powers together with
all powers incidental thereto or necessary for the performance of those hereinafter stated, with
the caveat that all such powers may only be used in furtherance of the purposes contained in
Section 102 of this Act:
1. To employ employees and agents;
2. To acquire, purchase, or lease as lessee, real property (including leases governed by 25 U.S.C.
§§ 415 et seq.);
3. To lease any or all of its facilities or equipment, including the sublease of its real property
owned by or leased from the Nation (including leases governed by 25 U.S.C. §§ 415 et seq.)
subject to the approval of the Citizen Potawatomi Legislature in accordance with the Citizen
Potawatomi Nation Business Leasing Regulations Act of 2012.
4. To enter into contracts with the Citizen Potawatomi Nation, the federal government or any
other governmental bodies or political subdivisions, or with any other corporation, non-
profit, entity, or person;
5. To accept grants and gifts from the Citizen Potawatomi Nation, the federal government, any
governmental body or political subdivision, corporation, non-profit, entity, or person;
6. To borrow, at such rates of interest as the law authorizes, from the federal government or
any agency thereof, individual, partnership, or private or governmental corporation, or any
other entity; to issue its notes or other obligations; to secure such obligations by leasehold
mortgage or pledge of non-trust property and improvements hereinafter acquired and the
income derived therefrom; and to use any revenues and other income of the Authority for
payment of interest and retirement of principal of such obligations. The Citizen Potawatomi
Nation may lend money to the Authority. Notes or other obligations issued under this
subdivision shall not be deemed to constitute a debt of the Citizen Potawatomi Nation or of
any political subdivision of the Citizen Potawatomi Nation or a pledge of the faith and credit
of the Citizen Potawatomi Nation or of any political subdivision of the Citizen Potawatomi
Nation;
7. To fix and revise from time to time the rents, fees and other charges to be paid to it in
connection with the lease of various authority facilities and for any other services furnished
or provided by the authority. Such rents, fees and charges shall provide at least sufficient
funds to pay the cost of maintaining, repairing and operating such projects and the principal
and interest of any bonds issued by the authority or other debts contracted as the bonds
become due and payable. The Authority and the Citizen Potawatomi Nation may agree on
payment by the Authority on account of governmental services to be rendered by the Citizen
Potawatomi Nation in such amounts as the Authority may find to be consistent with the
purposes of this Act. A reserve may be accumulated and maintained out of the revenues and
receipts of the Authority for extraordinary repairs and expenses and for such other purposes.
Subject to such provisions and restrictions as may be set forth in the resolution or in the trust
indenture authorizing or securing any of the bonds or other obligations hereunder, the
authority shall have exclusive control of the revenues and receipts derived from the lease of
any authority facility and the right to use the revenues and receipts, net of tribal taxes, in the
exercise of its powers and duties set forth in this Act.
8. To do all acts and things necessary or convenient to carry out the powers granted the
Authority by this Act;
9. To adopt such rules and regulations from time to time, not in conflict with the laws of the
Citizen Potawatomi Nation, concerning the regulation and use of properties under its control
as will tend to further the protection of such property and the public thereon.
10. To form, or be a Member or Manager of, a limited liability company formed under the laws
of the Nation.
11. To sue and be sued and to prosecute and defend, at law or in equity, any action or
proceeding seeking to enforce any provision of this Act in the courts of the Citizen
Potawatomi Nation. Any action or proceeding seeking to enforce any provision of this Act, or
based on any right arising out of this Act, shall be brought against any of the parties only in
the courts of the Citizen Potawatomi Nation, and each of the parties hereto consents to the
exclusive jurisdiction of the Citizen Potawatomi Nation District Court and the appropriate
appellate courts in any such proceeding, waives any objection to venue laid therein and
agrees not to plead or claim in any such courts that such proceedings brought therein has
been brought in any inconvenient forum;
23-6-105. Annual Report, Rules, Regulations. The Authority shall make an annual report, shall
adopt rules and regulations, and establish general policies for the conduct of its business in light
of the Authority's purposes set out in Section 102 of this Act. It shall make an annual report to
the Legislature of the Citizen Potawatomi Nation and such special reports as may be requested in
writing by the Legislature.
23-6-106. Exemption from taxation. The Authority is hereby declared to be performing a public
function in behalf of the Citizen Potawatomi Nation with respect to which the Authority is
created and to be a public instrumentality of such locality. Accordingly, the income, including any
profit made by the authority, shall at all times be exempt from all taxation by the State of
Oklahoma, any political subdivision thereof, including, county and city taxation.
23-6-107. Authority to be nonprofit; excess earnings. The Authority shall be nonprofit and no part
of its net earnings remaining after payment of its expenses shall enure to the benefit of any
individual, firm or corporation, except that if the Board of Directors of the Authority determines
that sufficient provision has been made for the full payment of the expenses and other
obligations of the Authority then any net earnings of the Authority thereafter accruing shall be
paid to the Citizen Potawatomi Nation. However, nothing herein contained shall prevent the
Board of Directors from transferring all or any part of its facilities or properties in accordance
with the terms of any contract entered into by the Authority."
EFFECTIVE DATE: This ordinance shall become effective upon adoption by the Legislature of the
Citizen Potawatomi Nation.
CERTIFICATION
In his capacity as Secretary-Treasurer of the Citizen Potawatomi Nation, the undersigned
hereby certifies that the above and foregoing ordinance is a true and correct copy of Ordinance
#17-08-ED&C-T23, as approved on the 6th of March, 2017 with 15 voting for, 0
opposed, 1 absent and 0 abstaining.
D. Wayne Trousdale
Secretary-Treasurer
X Approved
Disapproved
John A. Barrett
Tribal Chairman
17-09-ED&C-T23: An ordinance creating a Limited Liability Company Act.
TRANSCRIPTION:
Citizen Potawatomi Nation
Ordinance #17-10-R&G-T51
AN ORDINANCE CREATING TITLE 51, PROFESSIONAL LICENSES, TO THE TRIBAL CODE AND
ENACTING CHAPTER ONE TO SAID TITLE OF THE TRIBAL CODE OF THE CITIZEN POTAWATOMI
NATION.
WHEREAS, the Citizen Potawatomi Nation has a responsibility to promote health and safety
within its territory and the licensure of professionals will promote health and
safety,
WHEREAS, the Citizen Potawatomi Nation has a responsibility to promote health and safety
within its territory and the licensure of practitioners of veterinary medicine will
promote health and safety,
NOW, THEREFORE BE IT ORDAINED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI NATION
that a new Title 51 "Professional Licenses" be created in Tribal Code of the Citizen
Potawatomi Nation and that Chapter 1 of said Title 51 of the Tribal Code of the
Citizen Potawatomi Nation be enacted to read as follows:
Section 51-1-001 Short Title
This Act shall be referred to as the "Citizen Potawatomi Nation Veterinary Practice Act."
Section 51-1-002 Board of Veterinary Licensure
A. A Board of Veterinary Licensure is hereby created to regulate and enforce the practice of
veterinary medicine within the Citizen Potawatomi Nation. The Board shall be composed of three
(3) members, appointed by the Citizen Potawatomi Nation Legislature. Each member of the
Board shall be appointed for a term of seven (7) years. A Board member may be appointed to an
unlimited number of terms. At any time, the Legislature may remove a member from the Board
for cause, including, but not limited to, a felony conviction, malfeasance in relation to Board
duties, a substantive violation of this Act, or failure to regularly attend Board meetings.
B. In accordance with this Act and other applicable law, the duty of determining a person's initial
and continuing qualification and fitness for the practice of veterinary medicine, of proceeding
against the unlawful and unlicensed practice of veterinary medicine and of enforcing this Act to
be conducted by the Board, with all final decisions as to licensure, revocation, or renewal to be
made by the Tribal Chairman.
C. The powers conferred on the Board by the Act are to be construed to protect the health,
safety and welfare of the people of the Citizen Potawatomi Nation.
D. No member of the Board, acting in that capacity or as a member of any Board committee,
shall participate in the making of any decision or the taking of any action affecting such
member's own personal, professional or pecuniary interest.
E. The Board shall:
1. Set standards for licensure, including issuing examinations if the Board deems such
examinations are necessary;
2. Set fees for licensure;
3. Issue recommendations to the Tribal Chairman to either issue or deny licenses and
renewals thereof;
4. Develop and use applications and other necessary forms and related procedures for
purposes of the Act;
5. Review and investigate complaints and adverse information about licensees, and
adjudicate matters that come before the Board for judgment pursuant to the Act upon
clear and convincing evidence and issue recommendations to the Tribal Chairman on
such matters as to licensees. Any person aggrieved by a final decision of the Tribal
Chairman as to issuance or revocation or renewal of licensure may seek review in the
District Court of the Citizen Potawatomi Nation;
6. Establish minimum standards for veterinary premises; and
7. Perform such other duties and exercise such other powers as the provisions and
enforcement of the Act may require.
F. The Board shall adopt rules and regulations to enforce the provisions of the Act.
Section 51-1-003 Veterinary Licensure and Fees
A. It shall be unlawful to practice veterinary medicine in the Citizen Potawatomi Nation without a
license issued by the Tribal Chairman, after recommendation of the Board of Veterinary
Licensure.
B. Requirements for licensure shall be set by the Board and may be changed as the education
and training for the practice of veterinary medicine changes. Prior to issuance of a license to
practice veterinary medicine in the Citizen Potawatomi Nation, the applicant shall have been
found by the Board to be of good moral character and the Board shall consider but not be
limited to the following evidence of suitability to practice:
1. Graduation from an approved school of veterinary medicine whose requirements at
the time of graduation are acceptable to the Board. Graduates of schools of veterinary
medicine located outside the United States and Canada shall be held to the same
standards for evidence of suitability to practice as are graduates of schools of veterinary
medicine located within the United States in that applicants shall conform in all respects
to the requirements set forth in this section. Where necessary, further examination shall
be administered by the Board or its designee to determine competency to practice. In
addition, applicants shall demonstrate a command of the English language satisfactory to
the Board. Documents and material submitted in support of application for licensure or
certification, if in a foreign language, shall be translated and certified as accurate by an
organization acceptable to the Board;
2. Satisfactory completion of a minimum number of months of education in veterinary
medicine as a requirement for graduation from a school of veterinary medicine as set by
the Board;
3. Evidence that the applicant has passed examinations satisfactory to the Board and that
the examination score is acceptable to the Board;
4. Active licensure for the practice of veterinary medicine issued to the applicant by any
Indian Nation or State of the United States;
5. Evidence that the applicant for licensure or certification is of good moral character;
mentally and professionally capable of practicing veterinary medicine in a competent
manner as determined by the Board and willing to submit, if deemed appropriate by the
Board, to an evaluation of skills and abilities;
6. Evidence that the applicant has demonstrated familiarity with the statutes and rules
set by the Board;
7. Evidence that the applicant has not been found guilty by a court of law of any conduct
that would constitute grounds for disciplinary action under this Act or rules of the Board,
and there has been no disciplinary action taken against the applicant by any public
agency concerned with the practice of veterinary medicine;
8. If the Board deems it necessary, a personal appearance by the applicant before the
Board in support of the applicant's application for licensure or certification. If the Board is
not satisfied with the credentials of the applicant, or demonstration of knowledge or
skills presented, the Board may require further examination or supervised practice
before reconsideration of the application; and
9. Evidence that all required fees have been paid.
C. Practice without the legal possession of an active license or certificate shall be prohibited. If
upon inquiry in accordance with Section 51-1-002(E) of this Act and the rules of the Board, the
Board determines that an individual is practicing without legal possession of an active license or
certificate, the Board may recommend that the Tribal Chairman enjoin such an individual from
the practice of veterinary medicine."
NOW, THEREFORE BE IT ENACTED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI
NATION that an Ordinance creating Title 51, Professional Licenses and enacting Chapter 1 to said
Title 51, of the Citizen Potawatomi Nation Tribal Code IS HEREBY APPROVED.
EFFECTIVE DATE: This ordinance shall become effective upon adoption by the Legislature of the
Citizen Potawatomi Nation.
CERTIFICATION
In his capacity as Secretary-Treasurer of the Citizen Potawatomi Nation, the undersigned hereby
certifies that the above and foregoing ordinance is a true and correct copy of Ordinance
#17-10-R&G-T51, as approved on the 6th day of March, 2017 with 15 voting for, 0
opposed, 1 absent and 0 abstaining.
D. Wayne Trousdale
Secretary-Treasurer
Executive Approval:
X Approved
Disapproved
John A. Barrett
Tribal Chairman