2003 Business Committee Ordinances
Date2003
MediumDocument
ClassificationsArchive
Object numberBC.BCO.2003
Description2003 Business Committee OrdinancesOrdinance #03-01 - An enactment repealing certain criminal offenses of the Citizen Potawatomi Nation's Tribal Codes.
Ordinance #03-02 - An enactment changing certain penalties of the Citizen Potawatomi Nation's Tribal Codes Criminal Offenses Section.
Ordinance #03-03 - An enactment changing the Citizen Potawatomi Nation Tribal Court Bail Bond Schedule.
Ordinance #03-04 - An Ordinance further defining the Existing Equitable Powers Doctrine of the Citizen Potawatomi Nation Tribal Court.
Finding Aid03-01: An ordinance repealing certain criminal offenses of the Citizen Potawatomi Nation's Tribal Codes.
TRANSCRIPTION:
ORDINANCE Pott: # 03-01
AN ENACTMENT REPEALING CERTAIN CRIMINAL OFFENSES OF THE CITIZEN
POTAWATOMI NATION'S TRIBAL CODES
BE IT ENACTED BY THE BUSINESS COMMITTEE OF THE CITIZEN
POTAWATOMI NATION:
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 and By-Laws provide 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 Business Committee of the Citizen Potawatomi Nation has noted that the basic
Tribal Codes have not been substantially changed since 1987 while the activities
of the Tribal Court have expanded; and
WHEREAS, the Business Committee of the Citizen Potawatomi Nation additionally recognizes
that there is no longer a need for some of its criminal offenses as listed in the
Tribal Codes of the Citizen Potawatomi Nation due to the existence of the Federal
Indian Misdemeanor Court.
NOW, THEREFORE BE IT ENACTED, that the Business Committee of the Citizen
Potawatomi Nation hereby repeals §§ 213, 214, 222, and 233 of the Criminal Codes as reflected
in the attachment to this enactment. This ordinance shall take effect and be in full force from
and after its adoption by the Business Committee.
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 # 03-01, as approved
on the 30th day of October, 2002 with 3 voting for, 0 opposed and 2 absent.
John A. Barrett, Jr., Chairman
D. Wayne Trousdale,
Secretary/Treasurer
An ordinance changing certain penalties of the Citizen Potawatomi Nation's Tribal Codes Criminal Offenses section.
TRANSCRIPTION:
ORDINANCE Pott: # 03-02
AN ENACTMENT CHANGING CERTAIN PENALTIES OF THE CITIZEN
POTAWATOMI NATION'S TRIBAL CODES CRIMINAL OFFENSES SECTION
BE IT ENACTED BY THE BUSINESS COMMITTEE OF THE CITIZEN
POTAWATOMI NATION:
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 and By-Laws provide 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 Business Committee of the Citizen Potawatomi Nation has noted that the basic
Tribal Codes have not been substantially changed since 1987 while the activities
of the Tribal Court have expanded; and
WHEREAS, the Business Committee of the Citizen Potawatomi Nation additionally recognizes
a great need to change the punishment to certain criminal offenses to allow the
Nation to better reflect that all the laws enacted are equitable and fair; and
NOW, THEREFORE BE IT ENACTED, that the Business Committee of the Citizen
Potawatomi Nation hereby enacts the changes in §§ 104, 112, 122, 138, 139, 140, 141, 147, 148,
149, 150, 151, 152, 203, 204, 223, 224, 301, 302, 303, 401, 402, 403, 404, 405, 406, 407, 413,
426, 427, 429, 440, 441, 442, 443, 451, 452, 453, 516, 517, 526, 527, 528, 529, 536, 537, 538,
552, 561, 562, 563, 564, 565, 566, 569, 570, 602, 603, 604, 606, 607, 608, 609, 610, 611, 612,
613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, and 626 of the Criminal Codes
as reflected in the attachment to this enactment.
NOW, THEREFORE BE IT FURTHER ENACTED, that the Business Committee of the
Citizen Potawatomi Nation hereby states that all ordinances, resolutions, or other laws in conflict
with this ordinance are hereby immediately repealed. This ordinance shall take effect and be in
full force from and after its adoption by the Business Committee.
CERTIFICATION
We, the 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 # 03-02, as approved on the 30th day
of October, 2002 with 3 voting for, 0 opposed and 2 absent.
John A. Barrett Jr., Chairman
D. Wayne Trousdale, Secretary/Treasurer
An ordinance changing the Citizen Potawatomi Nation Tribal Court Bail Bond Schedule.
TRANSCRIPTION:
ORDINANCE Pott: # 03-03
AN ENACTMENT CHANGING THE CITIZEN POTAWATOMI NATION TRIBAL
COURT BAIL BOND SCHEDULE
BE IT ENACTED BY THE BUSINESS COMMITTEE OF THE CITIZEN
POTAWATOMI NATION:
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 and By-Laws provide 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 Business Committee of the Citizen Potawatomi Nation have recognized that
the Tribal Court Bond Schedule has remained substantially unchanged since 1987
while the activities of the Tribal Court have expanded; and
WHEREAS, the Business Committee of the Citizen Potawatomi Nation additionally recognizes
the need to update the Bond Schedule to better reflect that all laws are equitable
and fair; and
NOW, THEREFORE BE IT ENACTED, that the Business Committee of the Citizen
Potawatomi Nation hereby enacts the changes in §§ 101,102, 103, 104, 110, 111, 112, 120, 121,
122, 123, 124, 125, 126, 127, 136, 137, 138, 139, 140, 141, 147, 148, 149, 150, 151, and 152 of the Citizen Potawatomi Nation Tribal Court Bail Bond Schedule as reflected in the attachment to this enactment.
NOW, THEREFORE BE IT FURTHER ENACTED, that the Business Committee of the
Citizen Potawatomi Nation hereby states that all ordinances, resolutions, or other laws in conflict with this ordinance are hereby immediately repealed. This ordinance shall take effect and be in full force from and after its adoption by the Business Committee.
Page: 2 ORDINANCE Pott: # 03-03
CERTIFICATION
We, the 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 # 03-03, as approved on the 30th day of October, 2002 with 3 voting for, 0 opposed and 2 absent.
John A. Barrett, Jr., Chairman D. Wayne Trousdale,
Secretary/Treasurer
Potawatomi Ordinance 03-04
BE IT ENACTED BY THE BUSINESS COMMITTEE OF THE CITIZEN POTAWATOMI NATION:
Section 1. CITATION
This act may be cited as: An Ordinance Further Defining The Existing Equitable Powers Doctrine of
the Citizen Potawatomi Nation Tribal Court.
Section 2. PURPOSE
The Citizen Potawatomi Nation recognizes that the Tribal Court has had equitable powers to enforce
its orders from inception, and to cite persons for both direct and indirect contempt of court. Indirect
contempt of court consists of a willful disobedience of any process or order lawfully issued or made by court; and/or resistance willfully offered by any person to the execution of a lawful order or process of a court.
Section 3. EQUITABLE POWERS DOCTRINE
The Court is vested and has been vested with the power and authority, in a civil matter properly
before the Court, to cite an individual for indirect contempt when they fail to execute, follow or obey an Order of the Court concerning payment, action or any inaction as required by Court Order regardless of the physical location of such acts. The respondent to a citation for contempt shall be entitled to a show cause hearing within ten (10) days of the issuance of a citation, at which time they will be advised of their rights and a plea taken. Upon a guilty plea the Court may proceed with sentencing as appropriate in the discretion of the Court, limited to $5,000.00 and/or a year in prison.
Upon the acceptance of a not guilty plea, the Court shall provide a speedy public trial for the respondent. Provided, the Defendant must obtain legal counsel at their own expense if desired, pursuant to Article 16, (f) of the Constitution of the Citizen Potawatomi Nation. The Court Clerk shall issue all subpoenas requested by either party. The prevailing party may file a motion to be reimbursed by the respondent for all Court costs.
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 # 03-04 as approved on the 4th day of December 2002, with 5 voting for 0 voting against, 0 absent and 0 abstentions.
John A. Barrett, Jr. D. Wayne Trousdale
Tribal Chairman Secretary/Treasurer