2008 Legislative Ordinances
Date2008
MediumDocument
ClassificationsArchive
Object numberLG.LGO.2008
Description2008 Legislative Ordinances#08-04-R&G0801-T5
#08-05-R&G0802-T5
Finding AidFirst ordinance of the new CPN Legislature
#08-04-R&G0801-T5: An Ordinance adopting the code of Ethics for the Members of the Citizen Potawatomi Nation Legislature.
TRANSCRIPTION:
Citizen Potawatomi Nation
Ordinance #08-04-R&G0801-T5
AN ORDINANCE ADOPTING THE CODE OF ETHICS FOR THE MEMBERS
OF THE CITIZEN POTAWATOMI NATION LEGISLATURE.
NOW THEREFORE BE IT ORDAINED BY THE LEGISLATURE OF THE
CITIZEN POTAWATOMI NATION that the following Legislative Code of
Ethics is hereby adopted:
LEGISLATIVE CODE OF ETHICS
Section 1. Conduct
All members of the Legislature shall conduct themselves at all times so
as to reflect credit upon the Legislature, shall obey all rules of the
Legislature and shall conform the member's conduct to this Code of
Ethics.
Section 2. Disclosure Statement
(A) The Office of the Chairman shall accept disclosure statements filed by
members of the Legislature pursuant to this Code of Ethics and shall
maintain a file of all disclosure statements that are filed pursuant to this
Code. Every member of the Legislature, who is required to file a financial
disclosure statement, within the period prescribed by law, shall file with
the Office of the Chairman, a disclosure statement as provided by this
Code of Ethics. Each member required to file a financial disclosure
statement, within the period and in the manner prescribed by this Code of
Ethics, shall receive from the Office of the Chairman the form on which
the statement shall be prepared.
(B) In accordance with this Code of Ethics, every member of the Legislature
shall disclose the source of any gift or gifts from legislative agent, defined
as any individual or entity doing business or attempting to do business
with the Citizen Potawatomi Nation, where the value of the gift or gifts
aggregate per calendar year exceeds fifty dollars.
(A) A member who has reason to believe that he or she has a substantial
personal interest in legislation may request permission of the chair to
abstain from voting on the legislation and may site the member's reason
for the request. The request shall be granted by the chair or Legislature.
(B) No member of the Legislature shall knowingly vote on any legislation in
which the member has a financial interest or a financial interest in the
legislative agent or employer that is actively advocating on that legislation.
Financial interest means in interest distinct from that of the general public,
including, but not limited to, an interest held by an individual, the
individual's spouse or dependent children which is:
(1) An ownership interest in a business;
(2) A creditor interest in an insolvent business;
(3) An employment or prospective employment for which negotiations
have begun;
(4) An ownership interest in real or personal property;
(5) A loan or other debtor interest;
(6) A directorship or officership in a business;
(7) A business associate;
(8) A person who is hired under contract to perform certain services,
and such position involves a substantial and material exercise of
administrative discretion in the formulation of public policy.
Section 4. Compensation
(A) Except as provided in this Code of Ethics, no person elected to the
Legislature shall receive or agree to receive, directly or indirectly,
compensation for any service rendered or to be rendered by the person
personally in any case, proceeding, application or other matter that is
before the Legislature.
(B) No member of the Legislature shall knowingly accept from a legislative
agent a gift of any amount in the form of cash or the equivalent of cash,
or a gift or gifts of any other thing of value where the value of the gift or
gifts aggregate per calendar year exceeds two hundred dollars.
(C) Accepting campaign contribution, food or lodging, properly received and
reported, shall not be a violation of this Code of Ethics.
Section 5. Confidential Information
No present or former member of the Legislature shall disclose or use for
the member's personal profit, without appropriate authorization, any
information acquired by the member in the course of the member's
official duties that has been clearly designated to the member as
confidential when such confidential designation is warranted because of
the status of the proceedings or the circumstances under which the
information was received and preserving its confidentiality is necessary
to the proper conduct of government business. No present or former
member of the Legislature shall disclose or use, without appropriate
authorization, any information acquired by the member in the course of
the member's official duties that is confidential.
Section 6. Improper Influence
(A) No member of the Legislature shall use or attempt to use or authorize the
use of the authority or influence of the member's office to secure anything
of value or the promise or offer of anything of value that is of such a
character as to manifest a substantial and improper influence upon the
member with respect to the member's duties.
(B) No member of the Legislature of any legislative agency shall solicit or
accept anything of value that is of such a character as to manifest a
substantial and improper influence upon the member with respect to the
member's duties.
(C) No member of the Legislature shall solicit or receive funds from any
legislative agent.
(D) In the absence of bribery or another offense or a purpose to defraud, the
receipt of campaign contributions on behalf of a member of, or candidate
for, the Legislature does not violate this Code of Ethics if properly
reported.
Section 7. Separation of Funds
(A) No member of, or candidate for, the Legislature shall convert, receive or
accept for personal of business use anything of value from the member's
or candidate's campaign fund except legitimate and verifiable prior
campaign expenses incurred by the member or candidate;
(B) For purposes of this section, an expense is incurred whenever a
member or candidate has either made payment or is obligated to make
payment, as by the use of a credit card or other credit procedure, or by
the use of goods or services received on account.
Section 8. Improper Inducement
If any person attempts to induce a member or employee of or candidate
for the Legislature or employee of any legislative agency to violate any
provision of this Code of Ethics, the member, employee or candidate
shall report the matter to the Chairman of the Citizen Potawatomi Nation
and Tribal Attorney.
NOW, THEREFORE BE IT ENACTED BY THE LEGISLATURE OF THE CITIZEN
POTAWATOMI NATION that the Code of Ethics for members of the Citizen Potawatomi
Nation 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 #08-04-R&G0801-T5, as approved on the 26th of April, 2008
with 16 voting for, 0 opposed and 0 absent or abstaining.
D. Wayne TrousdaIe
Secretary-Treasurer
X Approved
Disapproved
John A. Barrett
Tribal Chairman
08-04-R&G0802-T5: An Ordinance establishing rules and procedures governing Citizen Potawatomi Nation Legislative Meetings.
TRANSCRIPTION:
Citizen Potawatomi Nation
Ordinance #08-05-R&G0802-T5
AN ORDINANCE ESTABLISHING RULES AND PROCEDURES GOVERNING
CITIZEN POTAWATOMI NATION LEGISLATIVE MEETINGS.
NOW THEREFORE BE IT ORDAINED BY THE LEGISLATURE OF THE
CITIZEN POTAWATOMI NATION that the following rules governing
legislative meetings are hereby adopted:
Rules for the Citizen Potawatomi Nation Tribal Legislature
1. Notice
A. The Chairman of Presiding Officer shall publish notice of meetings
on the CPN website as soon as possible prior to a meeting.
2. Opening
A. The Tribal Legislature shall begin all sessions with a prayer in the
Potawatomi Language
B. The Tribal Legislature shall have a Roll Call by the Secretary-
Treasurer. Response is by the word "Shoda" (here), and the count
shall be the determination of a quorum.
C. There shall be a Declaration of a Quorum by the Chairman or
Presiding Officer.
3. Conduct of Meetings of the Legislature
A. The Chairman of Presiding Officer shall preside in the manner
described by the Constitution and consistent with traditional Citizen
Potawatomi meeting rules, generally conforming to universal
Parliamentary processes.
B. The Chairman or Presiding Officer shall afford each Tribal
Legislator equal opportunity to participate in the legislative process
in an orderly manner. Determination of the order of speakers shall
be in the sequence of hand signal requests and verbal recognition
by the Chairman or Presiding Officer.
C. The Chairman or Presiding Officer may declare a speaker out of
order with the admonition "Ayashtuk" (take turns) or "Gahgo"
(stop).
D. The agenda of the meetings shall be prepared by the Secretary at
the direction of the Chairman and distributed prior to the meetings.
E. Points of Order and Calls for the Order of the Day may be afforded
precedence of consideration in the conduct of meetings by the
Chairman or Presiding Officer. A declaration of an invalid Point of
Order or other issue of Order by the Chairman or Presiding Officer
may be overridden by unanimous vote of the remaining Members
of Legislature.
4. Legislative Committees
A. Appointments of at least five (5) Members to each Legislative
Committees shall be made by the Chairman. Vacant Committee
positions shall be filled by the Chairman immediately.
B. Committee appointments shall contain, as much as possible, equal
numbers of Members of the Committee appointments shall contain,
as much as possible, equal numbers of Members of the Legislature
from Oklahoma and Members of the Legislature from Districts out
of Oklahoma, exclusive of the Executive Officers.
C. Legislative Committees shall be:
1 . Rules and Government - matters relating to District affairs,
Redistricting and Apportionment, Elections. Enrollment and
Removal, Legislative procedural rules and Citizen
communication.
2. Judiciary and Public Safety - matters relating to Police, Tribal
Courts, Code Enforcement, Emergency response, Vehicle tags,
Indian Child Welfare, Family Preservation, Public Safety,
Corporate regulation and Uniform Commercial Code.
3. Health and Human Services - matters relating to Housing,
Elders, Veterans, Health facilities, Licensing and inspections,
the Office of Environmental Health, Environmental Protection,
Health Aids and Women's, Infants' and Children's Nutrition.
4. Natural Resources - matters relating to Agriculture, Energy,
Utilities, Telecommunications, Facilities, Roads, Construction
and Realty management.
5. Education - matters relating to Child Development,
Scholarship, Higher Education, Job Pride, Vocational Training
and Job Placement, On-the-Job Training, Endowments and
Educational contributions.
Language Preservation, Ceremony, Art, Games and Sport, and
NAGPRA.
7. Economic Development and Commerce - matters related to
Banking, Tribal enterprise, Technology development, Insurance
and Community Development Corporation.
8. Appropriations and budget - all matters relating to the
assignment and use of Tribal income and debt.
D. Matters that impact more than one (1) Committee may be assigned
to multiple Committees by the Chairman.
5. Forms of Legislative Activity
A. Committees shall consider all legislation in the form of Bills, each
assigned sequential numbering as scheduled for Committee
assignment by the Chairman. Bill numbering shall also contain
numerical reference to the affected Tribal Code. Resolution may
be assigned directly to the full Legislature without assignment to a
Committee at the discretion of the Chairman.
B. All Bills shall be submitted in draft or concept form to the
Legislative Services Department prior to assignment to a
Committee for purposes of verification of constitutionality,
consistency, savings clauses, Code footnoting and avoidance of
duplication. The Legislative Services Department shall be directed
by the Tribal Attorney.
C. Matters of temporary interest shall be in the form of Resolutions.
Matters of continuing or permanent interest shall be in the form of
Laws or Ordinances embodied in the Tribal Code.
6. Legislative Participation
A. Legislators shall be afforded access to and participation in the
meetings of the Tribal Legislature by electronic means if they
cannot attend in person.
B. Committee meetings may be conducted by internet
teleconferencing by the majority decision of the members of the
Committee.
7. Public Viewing
A. Meetings of the Tribal Legislature shall be broadcast over the
internet for the benefit of Citizen Potawatomi Nation citizens.
B. Matters relating to personnel or other issues of a sensitive nature
with potential harm to the Nation may be conducted in a
confidential manner without public broadcast as determined by the
Chairman or Presiding Officer.
NOW, THEREFORE BE IT ENACTED BY THE LEGISLATURE OF THE CITIZEN
POTAWATOMI NATION that rules and procedures governing meetings of the Citizen
Potawatomi Nation Legislature 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 #08-05-R&G0802-T5, as approved on the 26th of April, 2008
with 16 voting for, 0 opposed and 0 absent or abstaining.
D. Wayne Trousdale
Secretary-Treasurer
X Approved
Disapproved
John A. Barrett
Tribal Chairman