By SCOTT MCKIE B.P.
One Feather Asst. Editor
CHEROKEE, N.C. – Section 117 Article II of the Cherokee Code of the Eastern Band of Cherokee Indians (EBCI) deals with the powers and authority of Dinilawigi (Tribal Council) as the Tribe’s Legislative Branch of government.
Sec. 117-10 states, “The Tribal Council shall constitute the legislative branch of government for the Eastern Band of Cherokee Indians. It shall have authority to legislate, to conduct investigations and hearings into matters of concern to the Tribe; it shall have sole power and authority to approve assignment and transfer of possessory rights to its lands among its members; and shall have quasi-judicial powers to resolve disputes concerning tribal lands and properties and other matters authorized by tribal law. It shall have power to delegate its duties to committees formed from its membership and shall have the authority to establish an (sic) Tribal Operations Program and operate such office outside of Executive Branch duties and responsibilities. The Tribal Council must budget for the support and operations of the Legislative Branch during each budget year and shall manage its budget in coordination with the Tribe’s financial management systems.”
Let’s delve into their powers involving the passage of legislation.
Ordinances
The Oxford Dictionary defines an ordinance as “a piece of legislation enacted by a municipal authority”. Cherokee Code Sec. 117-38 outlines various law regarding ordinances which comprise the Code itself. It begins with “(a) No ordinance enacted by the Tribal Council shall be valid unless it has been introduced in compliance with subsection (b) at a regular or special session not less than 25 calendar days prior to the day the ordinance has been voted upon by the Council”.
In practice, ordinances are introduced during a session and are deemed read and tabled following a vote of Dinilawigi. They’re assigned a legislative number by a staff member from the Tribal Operation Program (TOP) and sit for at least 25 days.
Sec. 117-38(c) states what happens next, “All ordinances appearing on the Council agenda for the second time, after the required 25-day waiting period, may be brought to the floor for consideration, debate, motions, amendments, and passage.”
Debate on items
This is covered under Cherokee Code Sec. 117-16 and states as follows:
- Each Council member shall be limited to five minutes of debate or discussion on each resolution, ordinance or matter under consideration by the Council. Any Council member may yield all or a portion of his time on any matter to another Council member.
- The time limits expressed in this section shall apply to all matters before the Council and to all sessions of Tribal Council, including work sessions, except when by majority vote the Council shall suspend the time rule for a specific matter under consideration.
- Persons in the audience wishing to be recognized must gain recognition from the Tribal Chairman and shall be limited to five minutes of debate or discussion on each resolution, ordinance, or matter under consideration by the Council, unless they are presenting a resolution or ordinance and if so presenting shall be limited to ten minutes.
Cherokee Code Section 117-16.1 further discusses comments made by the public during debate on a piece of legislation. It reads as follows:
- There shall be opportunity provided to community members to voice their opinions on actions contemplated by the Tribal Council. The balance between community participation through respectful debate on the merits of a contemplated government action, and the need for efficient but fair processes, is consistent with Cherokee culture and values.
- Public comments shall adhere to the rules of debate in Section 117-16 (a), (b), and (c). Additionally, all comment and debate shall reflect the highest and traditional standards of decorum and respectfulness expected of and modeled to our future generations of Cherokee leaders. The Chairman of Tribal Council shall have the authority and responsibility to enforce compliance with Tribal law and Tribal Council rules governing debate and public comment.
(c)(1) Any person providing comment or debate to Tribal Council must conduct himself or herself in such a manner so as to bring honor and dignity to the Council Chambers. A person is out of order and may lose the privilege of addressing Tribal Council if he or she:
(i) Offers remarks without first being recognized by the Chairman as having the floor and the privilege to speak.
(ii) Fails to confine their remarks to the merits of the ordinance or resolution at hand.
(iii) Engages in disruptive activity.
(iv) Interrupts or attempts to interrupt the person who has the floor.
(v) Speaks in a malicious and abusive manner.
(vi) Engages in personal attacks.
(vii) Conducts himself/herself in a less than respectful manner.
(viii) Knowingly makes false or untrue statements or comments during Council proceedings.
Resolutions
The One Feather staff cannot find anything in the Cherokee Code that speaks to how resolutions are to be dealt with by Dinilawigi. The One Feather reached out to the EBCI Office of the Attorney General for comment on this and has not received a response by press time.
Voting
Voting on ordinances and resolutions by Dinilawigi is by the weighted vote system described in detail in the last EBCI Govt. Explained article.
In short, the weighted vote system is outlined in Section 19 of the Charter and Governing Document of the Eastern Band of Cherokee Indians. “In order to provide equal representation to all members of the Eastern Band, the members of the Tribal Council shall, in their deliberations, cast votes on a weighted basis, with the weight of each vote determined by each Council member.”
The current weighted vote is as follows:
- Birdtown (12 votes per representative)
- Wolfetown (12 votes per representative)
- Yellowhill (7 votes per representative)
- Big Cove (7 votes per representative)
- Painttown (6 votes per representative)
- Snowbird/Cherokee County (6 votes per representative)
Ratification/Veto
Once a piece of legislation is passed by Dinilawigi, it goes to the desk of the Ugvwiyuhi (Principal Chief) for ratification (signing it into law) or veto.
Section 12 of the EBCI Charter and Governing Document states, “All acts of Council shall be signed by the Chairman and the clerks and countersigned by the Principal Chief or Vice Chief.”
Section 13 of the Charter states, “The Principal Chief shall have the power to veto all acts of Council, but his veto shall not prevail against a two-thirds vote of Council. All acts neither ratified nor vetoed by the Principal Chief within thirty (30) days shall be deemed valid legislation.”
Section 117-4 (Veto Powers) just reiterates what was covered in the Charter’s Sections 12 and 13. “The Principal Chief is authorized to veto any resolution or ordinance enacted by the Tribal Council. Such veto shall be exercised by the Principal Chief indicating his decision to veto the enactment in writing and returning the document to the Council for further consideration. Any resolution or ordinance neither ratified nor vetoed by the Principal Chief within 30 days of passage by the Council shall be deemed ratified and shall be recognized as the law of the Tribe.”
