By SCOTT MCKIE B.P.
One Feather Asst. Editor
CHEROKEE, N.C. – Five new ordinances were introduced in Dinilawigi (Tribal Council) of the Eastern Band of Cherokee Indians (EBCI) during its regular session on Thursday, Aug. 6. Each one was subsequently deemed read and tabled, and they will sit for 25 days before being acted upon.
Ord. No. 250, submitted by the EBCI Tribal Alcoholic Beverage Control Commission (TABCC), seeks to amend Cherokee Code Sec. 18B-205 regarding budget, accounts, reports, and audits required of the TABCC.
The whereas section of the ordinance states, “Subsection (f) of Sec. 18B-200 states the TABCC ‘shall be and shall act independently and autonomously from the Principal Chief, Tribal Council, the Tribal Gaming Commission, and the Tribal Casino Gaming Enterprise. No prior or subsequent review by the Principal Chief, Tribal Council, the Tribal Gaming Commission, or the Tribal Casino Gaming Enterprise shall be required or permitted, except as otherwise provided in this chapter.”
It continues, “It is necessary to amend Cherokee Code Chapter 18B by amending Cherokee Code Sec. 18B-205 to ensure the separation of financial records and duties of the Tribal ABC Commission from the Tribe and to remove duplicative personnel language.”
The ordinance seeks to amend Sec. 18B-205(c) to read as follows, “Budget. The Commission shall establish a budget for the support and operations of the TABCC, pay salaries and other expenses, within the limit of funds available to it, which is to be included in budget requests submitted annually to Tribal Council and subject to Tribal Council approval. The Commission shall adopt Fiscal Management policy by modifying the Tribe’s Fiscal Management Manual as a guide and implementing such policies and procedures to be effective for the needs of the TABCC. Additionally, all bank accounts and financial accounts of the TABCC shall be held and managed by the TABCC.”
The ordinance also seeks to completely strike Sec. 18B-205(d) entitled ‘Application of the Tribe’s personnel policy’.
Ord. No. 251, submitted by Aniwodihi (Painttown) Rep. Michael Stamper on behalf of Janet Arch, seeks to amend “Cherokee Code Chapter 28 regarding the spousal inheritance of possessory holdings to create consistency within the Cherokee Code”.
The whereas section of the legislation states, “Chapter 28 governs the inheritance of real and personal property of enrolled members of the Tribe, and Section 28-1 states that the Tribe adopts North Carolina laws of inheritance for intestate succession and mandates that spouses be included as an heir. Section 28-4 provides more express guidance for the spousal inheritance of possessory holdings by stating that enrolled member spouses only receive a life estate in possessory holdings of their deceased spouse.”
It continues, “This diminishes the inheritance that enrolled members would inherit from their spouses after building the assets throughout their lives and provides for less inheritance than would be allowed under North Carolina law, and Chapter 28 should be amended to provide consistency within the Cherokee Code, clearer direction for the Tribe in probating estates, and provide appropriate protections for enrolled members to inherit the assets that they should from their spouses.”
Ord. No. 252, submitted by Sky Sampson, EBCI secretary of community, education, and recreation services, seeks to create a Committee of Aging and Disability in the Cherokee Code.
The whereas section of the legislation states, “It is in the best interest of the Eastern Band of Cherokee Indians (EBCI) to modernize and update official terminology to reflect respectful and inclusive language by replacing the term ‘handicapped’ with ‘disabled’ and ‘elderly’ with ‘aging’; and the programs and tribal members will benefit by establishing the Committee on Aging and Disability within the Cherokee Code to ensure consistency, transparency, and accountability in programs that serve the aging and disabled populations of the EBCI.”
The ordinance seeks to establish Cherokee Code Sec. 117-44 (Committee on Aging and Disability). The purpose under this section states, “The purpose of the tribal programs under the Committee’s purview shall be to provide emergency and supportive services to eligible tribal members who are aging or disabled, thereby promoting health, safety, dignity, and welfare.”
Ord. No. 253, submitted by Cruz Galaviz, director of Tribal Realty Services, seeks to create Cherokee Code Chapter 47C “establishing Tribal Realty Services in the Cherokee Code”.
The whereas portion of the legislation states, “Tribal Realty Services is the place for official recording of documents and other instruments affecting or describing ownership of interests in tribal land, including, but not limited to, possessory holding transfers, residential and commercial leases, deed of trusts, and plats; and additionally, Tribal Realty Services drafts legal documents for the wider public such as transfer documents, estate resolutions, leases that comply with 25 C.F.R. Part 162, and plats.”
It continues, “Tribal Realty Services include Realty Services, Geographic Information Systems, and Surveying; however, Tribal Realty Services has not been recognized or authorized in Cherokee Code. The proposed ordinance would create Chapter 47C in the Cherokee Code, establish Tribal Realty Services, and authorize Tribal Realty Services to promulgate rules and regulations to establish standards for the office such as recording standards for documents that affect interests in tribal land, procedures for public record requests, document standards, and indexing standards.”
Ord. No. 254, submitted by Aniwodihi (Painttown) Rep. Shannon Swimmer, Elawodi (Yellowhill) Rep. Shennelle Feather, Kolanvyi (Big Cove) Rep. Lavita Hill, and Kolanvyi Rep. Venita Wolfe, seeks to amend the EBCI’s Election Ordinance (Chapter 161) to require transparency in campaign financing in EBCI tribal elections.
The whereas section of the legislation states, “Transparency in the sources of funding for tribal political candidates is not currently contained in Chapter 161 but is central to full transparency and government accountability; and voters have a right to know who is funding tribal political candidates and political contributions should be publicly disclosed.”
The ordinance seeks to add a new section to Cherokee Code Section 161 entitled Transparency in Campaign Financing.
Proposed subsection (a) sets the tone for the campaign financing reports. “Candidates to become or remain an officer of the Tribe (Principal Chief, Vice Chief, Tribal Council) are required to file a report to the Office of Internal Audit and Ethics, in accordance with this section, detailing any gift, donation, or contribution received for the purpose of campaign activities and campaign-related expenses.”
The proposed subsection (b) outlines when a report would be filed. “A report is required for any gift, donation, or contribution in excess of $50.00 received by the candidate, and/or their agent, campaign organizer, campaign manager, or any other individual or organization acting on the candidate’s behalf.”
Proposed subsection (c) states the following be provided in the report: contributor’s name, contributor’s city and state of permanent residence, contributor’s principal occupation, and total amount contributed.
Proposed subsection (d) states, “Anonymous gifts, donations, or contributions in excess of $50.00 must be reported to include the total amount received.”
The proposed ordinance also allows for public availability of the reports. Proposed subsection (f) states, “Campaign Financing Reports are due to the (EBCI) Office of Internal Audit and Ethics within 14 business days following the election.” Subsection (g) follows, “Once submitted to the Office of Internal Audit and Ethics, all Campaign Financing Reports are public records and are to be made available upon request.”
