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2005 Business Committee Ordinances
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2005 Business Committee Ordinances

MediumDocument
ClassificationsArchive
Object numberBC.BCO.2005
Description2005 Business Committee Ordinances

Ordinance #05-01 - An Ordinance to create the Citizen Potawatomi Nation voting trust to vote corporate stock in the First National Bank and Trust of Shawnee.

Ordinance #05-02 - An Enactment restoring Tribal Court authority to impose jail time for criminal violations of the Tribal Code, subject to the discretion of the Trial Judge and to the extent authorized prior to the enactment of Ordinance # 03-02, and the repeal of Ordinance # 03-02.

Ordinance #05-03 - Election Ordinance amendment.

Ordinance #05-04 - Gaming Ordinance amendment.

Ordinance #05-05 - An Ordinance amending Potawatomi Ordinance 03-05, Sections 601 and 613 of the Civil Procedure Code.

Finding AidCitizen Potawatomi Nation Ordinance # 05-01 BE IT ENACTED BY THE BUSINESS COMMITTEE OF THE CITIZEN POTAWATOMI NATION, AN ORDINANCE TO CREATE THE CITIZEN POTAWATOMI NATION VOTING TRUST TO VOTE CORPORATE STOCK IN THE FIRST NATIONAL BANK AND TRUST OF SHAWNEE. WHEREAS, the United States Department of the Treasury, Comptroller of the Currency, requires the Citizen Potawatomi Nation to create a Voting Trust to vote the Nation's controlling corporate stock shares representing its ownership in the First National Bank and Trust of Shawnee; and WHEREAS, it is the responsibility of the Citizen Potawatomi Nation's Business Committee, consistent with the Citizen Potawatomi Nation Tribal Constitution's division of powers, to enact legislation on behalf of the Citizen Potawatomi Nation to regulate tribal business enterprises; and WHEREAS, it is the desire of the Business Committee to comply with the suggestion of the Comptroller of the Currency while protecting the Nation's assets and sovereign right of self-governance; NOW THEREFORE, BE IT ORDAINED, that the Business Committee of the Citizen Potawatomi Nation does hereby rescind Potawatomi Tribal Ordinance 93-60 and does hereby create a Voting Trust consisting of the Executive Officers of the Citizen Potawatomi Nation who will function under the delegated authority of the Tribal Chairman of the Citizen Potawatomi Nation under authorities granted in Article 6, Section 2, of the Citizen Potawatomi Nation Tribal Constitution in voting the corporate stock of the First National Bank and Trust of Shawnee after approval of their membership under a Change Of Control Application from the Comptroller of the Currency; and BE IT FURTHER ORDAINED, that said members of the Voting Trust shall serve until such time as they are replaced by Resolution of the Business Committee and said replacements have been approved by the Comptroller of the Currency. EFFECTIVE DATE: This ordinance shall be effective upon adoption by the Business Committee of the Citizen Potawatomi Nation. CERTIFICATION In their respective capacities as officers of the Citizen Potawatomi Nation, the undersigned do hereby certify that the above and foregoing ordinance is a true and correct copy of Ordinance POTT #05-01, as approved on the 27th day of October, 2004, with 5 voting for, 0 opposed, 0 absent and 0 abstaining. John A. Barrett, Jr. D. Wayne Trousdale Chairman Secretary-Treasurer CITIZEN POTAWATOMI NATION Ordinance # 05-02 BE IT ENACTED BY THE BUSINESS COMMITTEE OF THE CITIZEN POTAWATOMI NATION: AN ENACTMENT RESTORING TRIBAL COURT AUTHORITY TO IMPOSE JAIL TIME FOR CRIMINAL VIOLATIONS OF THE TRIBAL CODE, SUBJECT TO THE DISCRETION OF THE TRIAL JUDGE AND TO THE EXTENT AUTHORIZED PRIOR TO THE ENACTMENT OF ORDINANCE 03-02, AND THE REPEAL OF ORDINANCE 03-02. WHEREAS, experience has shown that fine and/or banishment is not a sufficient penalty to prevent some criminals from intentionally violating the criminal laws of the Citizen Potawatomi Nation; WHEREAS, the judiciary of the Citizen Potawatomi Nation need the option of imposing incarceration upon those who violate the criminal code of the Citizen Potawatomi Nation; WHEREAS, the judiciary may make a binding determination prior to trial, based upon the pleadings, as to whether the trial court will consider incarceration as a sentencing option in the event the defendant is found guilty of the crime, or crimes, for which the defendant has been charged; THEREFORE, the Business Committee of the Citizen Potawatomi Nation hereby repeals Ordinance 03-02 to the extent that it is inconsistent with this Ordinance and the reinstatement of the Tribal Court's discretion to impose jail time on criminal offenders; and THEREFORE, the Business Committee of the Citizen Potawatomi Nation hereby reinstates, all of the penalties previously exercised by the tribal courts for violations of the Citizen Potawatomi Tribal Criminal Code, including the use of fines, incarceration and/or banishment, at the discretion of the Tribal Court. EFFECTIVE DATE: This ordinance shall be effective upon adoption by the Business Committee of the Citizen Potawatomi Nation. CERTIFICATION In their respective capacities as officers of the Citizen Potawatomi nation, the undersigned do hereby certify that the above and foregoing ordinances is a true and correct copy of Ordinance #05-02, as approved on the 27th day of October, 2004, with 5 voting for, 0 voting opposed, 0 absent and 0 abstaining. John A. Barrett, Jr. D. Wayne Trousdale Chairman Secretary-Treasurer CITIZEN POTAWATOMI NATION Ordinance # 05-03 BE IT ENACTED BY THE BUSINESS COMMITTEE OF THE CITIZEN POTAWATOMI NATION that the Election Ordinance of the Citizen Potawatomi Nation is hereby amended to reflect the upcoming year of 2005. EFFECTIVE DATE: This ordinance shall be effective upon adoption by the Business Committee of the Citizen Potawatomi Nation CERTIFICATION In their respective capacities as officers of the Citizen Potawatomi Nation, the undersigned do hereby certify that the above and foregoing ordinance is a true and correct copy of Ordinance #05-03, as approved on the 30th day of November 2004, with 5 voting for, 0 voting opposed, 0 absent and 2 abstaining. John A. Barrett, Jr. D. Wayne Trousdale Chairman Secretary-Treasurer CITIZEN POTAWATOMI NATION Ordinance # 05-04 BE IT ENACTED BY THE BUSINESS COMMITTEE OF THE CITIZEN POTAWATOMI NATION that the Gaming Ordinance of the Citizen Potawatomi Nation is hereby amended to include the provisions of the Oklahoma State-Tribal Gaming Act required for the conduct of compacted Class III games, and other requirements of the Act including the model compact. EFFECTIVE DATE: This ordinance shall be effective upon adoption by the Business Committee of the Citizen Potawatomi Nation. CERTIFICATION In their respective capacities as officers of the Citizen Potawatomi nation, the undersigned do hereby certify that the above and foregoing ordinance is a true and correct copy of Ordinance #05-04, as approved on the 30th day of November, 2004, with 5 voting for, 0 voting opposed, 0 absent and 0 abstaining. John A. Barrett, Jr. D. Wayne Trousdale Chairman Secretary-Treasurer Potawatomi Ordinance 05-05 AN ORDINANCE AMENDING POTAWATOMI ORDINANCE 03-05, SECTIONS 601 AND 613 OF THE CIVIL PROCEDURE CODE. BE IT ENACTED BY THE BUSINESS COMMITTEE OF THE CITIZEN POTAWATOMI NATION that Chapter 6 of the Civil Procedure Code be amended as follows: Section 1. CITATION That this act shall be cited as the Jury Selection Process. Section 2. PURPOSE That the government of the Citizen Potawatomi Nation recognizes that the Tribal Codes need to be updated so there is a procedure for selecting a Jury Pool when the need arises. Section 3. SELECTION OF JURORS That § 601(b)(1) of the Civil Procedure Code shall be amended to read as follows: (1) The Tribal Secretary shall supply a list of potential qualified jurors who are enrolled Tribal members over eighteen (18) years of age who reside within a fifty mile radius of the Tribal Court located in Shawnee, Oklahoma, according to zip code or any portion of any zip code within a fifty mile radius. That § 613(b) is amended to add (9) which shall be added and read as follows: (9) Persons who are closer than a second cousin by blood or marriage to any defendant or litigant. Any previous Ordinance enacted by the Nation shall continue in full force and effect to the extent that they are not in conflict with this Ordinance unless revoked or amended in the future by Resolution or Ordinance. CERTIFICATION The undersigned members of the Business Committee of the Citizen Potawatomi Nation do hereby certify that the above is a true and exact copy of Ordinance POTT #05-05 as approved on the 2nd day of March, 2005, with 5 voting for, 0 voting against, 0 absent and 0 abstentions. John A. Barrett, Jr. D. Wayne Trousdale Chairman Secretary/Treasurer