2009 Legislative Ordinances
Date2009
MediumDocument
ClassificationsArchive
Object numberLG.LGO.2009
Description2009 Legislative Ordinances#09-01-R&G-0901-T5
#09-02-R&G-0902-T4
#09-03-R&G-0903-T4
Collections
Finding Aid09-01-R&G-09-01-T5: An Ordinance granting to members of the Tribal Legislature, privilege from arrest during legislative sessions.
TRANSCRIPTION:
Citizen Potawatomi Nation
Ordinance #09-01-R&G-0901-T5
AN ORDINANCE granting to members of the Tribal Legislature, privilege
from arrest during legislative sessions.
NOW THEREFORE BE IT ORDAINED BY THE LEGISLATURE OF THE
CITIZEN POTAWATOMI NATION that members of the Tribal Legislature
shall be privilege from arrest during legislative sessions and in going to
and returning from the same, except for treason, felony or breach of peace;
and for any comments, speech or debate in the legislature, which shall not
be questioned in any other place.
NOW, THEREFORE BE IT ENACTED BY THE LEGISLATURE OF THE CITIZEN
POTAWATOMI NATION that the Ordinance granting such protection for members of the
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 #09-01-R&G-0901-T5, as approved on the 4th of September,
2008, with 4 voting for, 0 opposed and 1 absent or abstaining.
D. Wayne Trousdale
Secretary-Treasurer
X Approved
Disapproved
John A. Barrett
Tribal Chairman
09-02-R&G-0902-T4: An Ordinance amending the election ordinance of the Citizen Potawatomi Nation.
TRANSCRIPTION:
Citizen Potawatomi Nation
Ordinance #09-02-R&G-0902-T4
AN ORDINANCE AMENDING THE ELECTION ORDINANCE OF THE
CITIZEN POTAWATOMI NATION.
NOW THEREFORE BE IT ORDAINED BY THE LEGISLATURE OF THE
CITIZEN POTAWATOMI NATION that the Election Ordinance of the Citizen
Potawatomi Nation is hereby amended as follows:
1.) Title IV, Chapter 1, Section 131 Application:
The provisions of Section 130 shall not apply to any matter published in
any newspaper, magazine, or journal recognized and circulating as such,
which matter is published upon its own responsibility and for which it shall
not charge or receive any compensation whatsoever, nor shall the
provisions of this Chapter apply to any publication issued by any legally-
constituted election officials in the performance of their duties. For
purposes of this provision only, a newspaper, magazine or journal is a
publication which is published at intervals of either one (1) month or less,
on a continuous basis, and has been so published on said continuous
basis for the six (6) months prior to the date when ballots can first be
requested by tribal members for elections of Business Committee
members at the General Council. The newspaper, magazine or journal
must also bear the address of the business office where the publication or
legal representative is located.
2.) Title IV, Chapter 1, Section 133: No Posting of Tribal Campaign
Election Literature or signs on Tribal Property.
It shall be unlawful for any person, firm, corporation, partnership,
organization or association to post election literature, material or signs on
Tribal property. Posting of literature, signs or other partisan political
advertisement is strictly prohibited. The distribution of tribal campaign
literature will be allowed on Election Day at the tribal polling place, subject
to specifications in Section 4-1-128.
Bill # _____ Page #_____
Nothing in this Chapter shall be interpreted as a general prohibition
against the placement of advertisements in the tribal newspaper.
3.) Title IV, Chapter 1, Section 144 A: Eligibility to File
In order to file for any office, a candidate must be eligible and qualified:
(A) A person is eligible to be a candidate for a Legislative Office if:
1 . Eighteen (18) years of age or older,
2. A member of the Tribe, and
3. Physically residing within the respective Legislative District
continuously for the period of not less than six (6) months prior
to the election.
4.) Title IV, Chapter 1, Section 144 B: Eligibility to File
In order to file for any office, a candidate must be eligible and
qualified:
(B) A person is eligible to be a candidate for an Executive Office if:
1 . Thirty-five (35) years of age or older,
2. A member of the Tribe, and
3. Physically residing within the State of Oklahoma continuously
for the period of not less than six (6) months prior to the
election.
5.) Title IV, Chapter 1, Section 144 C: Eligibility to File
A person is not qualified for an elected office if:
1 . Ever convicted of a felony, or other offense involving dishonesty
while holding an elected tribal office,
2. Ever found civilly or criminally liable for a breach of fiduciary duty
to the Nation or misconduct in elected office, or
3. Ever impeached or recalled from an elected tribal office.
4. Holds membership in any other Indian Tribe or Nation
and/or accepted land or monetary benefits from another Tribe
after August 16, 2007.
Bill# 09-02-R&G-0902-T4 Page # 2
NOW, THEREFORE BE IT ENACTED BY THE LEGISLATURE OF THE CITIZEN
POTAWATOMI NATION that the above amendments to the Election Ordinance of the
Citizen Potawatomi Nation 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 #09-02-R&G-0902-T4, as approved on the 15th of
December, 2008, with 15 voting for, 0 opposed and 0 absent or
abstaining.
D. Wayne Trousdale
Secretary-Treasurer
X Approved
Disapproved
John A. Barrett
Tribal Chairman
Citizen Potawatomi Nation
Ordinance #09-03-R&G-0903-T4
AN ORDINANCE AMENDING THE ELECTION ORDINANCE OF THE
CITIZEN POTAWATOMI NATION.
NOW THEREFORE BE IT ORDAINED BY THE LEGISLATURE OF THE
CITIZEN POTAWATOMI NATION that the Election Ordinance of the Citizen
Potawatomi Nation is hereby amended to require consent from candidates
for tribal office to allow limited, standardized publication in the HowNiKan
of personal information from the National Crime Information Center, the
Citizen Potawatomi Nation Tribal Court and Tribal Employment records
gathered in the process of the mandatory background check by the
Election Committee.
The Ordinance shall heretofore read as follows:
1.) Title IV, Chapter 1, Section 148 Form of Declaration:
On the approved form, the declaration of candidacy must be by affidavit and
contain the following statement:
"I hereby consent to the publication of background information of record
available from the National Crime Information Center, the Citizen
Potawatomi Nation Tribal Court, plus tribal employment history relating to
my personal behavior that has been addressed by formal disciplinary
action for misconduct or dishonesty. I will have the right to simultaneously
publish a sworn statement of explanation accompanying this information
containing no names of present or previous tribal employees, No
information that can be used for identity theft will be published."
plus sufficient information for the Election Committee to determine that the
candidate is eligible to file, is seeking a particular office, and has complied with
this ordinance. The declaration should be as shown in Appendix Form 2. Any
reasonable copy of the form may be used.
Bill # Page #
2.) Title IV, Chapter 1, Section 152: Use of Tribal Newspaper
After filing closes, the tribal newspaper will provide an equal amount of free
space in the next edition for all candidates appearing on the certified slate. The
purpose of allowing the free space is to allow the candidates to identify
themselves to the voters. All other space in the tribal newspaper shall be
available to candidates on a set-fee.
The Election Committee shall publish Appendix Form 4 for each candidate
Jn the HowNikan, up to a full page, allowing sworn Candidate Comments of
a maximum of five full lines for each separate listed incident.
The contents of free and paid advertisements shall be reviewed to insure that
they do not contain libelous, slanderous, false, or misleading statements.
Deadlines for receiving advertisement copy shall be set by the editor and
published in the newspaper.
NOW, THEREFORE BE IT ENACTED BY THE LEGISLATURE OF THE CITIZEN
POTAWATOMI NATION that the above amendments to the Election Ordinance of the
Citizen Potawatomi Nation 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 #09-03-R&G-0903-T4, as approved on the 12th of
February, 2009, with 11 voting for, 4 opposed and 0 absent or
abstaining.
D. Way Trousdale
Secretary-Treasurer
X Approved
Disapproved
John A. Barrett
Tribal Chairman