Section 1401. Funetions of Mandamus
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CIVIL PROCEDURE
CHAPTER FOURTEEN
MANDAMUS
Section 1401. Funetions of Mandamus
The writ of mandamus may be issued by the Supreme Court or the District
"Court, or any justice or judge thereof to any inferior tribunal, corporation,
board or person, to compel the performance of any act which the law specially~
enjoins as a duty, resulting from an office, trust or station; but though it may
require an inferior tribunal or officer to exercise its judgment or proceed to"
the discharge of any of its functions, it cannot control judicial discretion, or
discretion committed to a Tribal Agency by law unless exercised in violation
of law.
Section 1402. Writ Not Issued Where Remedy at Law
This writ may not be issued in any case where there is a plain and
adequate remedy in the ordinary course of the law. It may be issued on the
information of the party beneficially interested.
Section 1403.
Forms and Contents of Writs
The writ is either alternative or peremptory.
The alternative writ must
state, concisely, the fact showing the obligation of the defendant to perform
the act, and his omission to perform it, and command him that immediately
upon the receipt of the writ, or at some other specified time, he do the act
required to be performed or show cause before the Court at a specified time
arid place, whey he has not done so; and tha t he then and there return the
writ with his certificate of having done as he is commanded. The peremptory
writ "must be in a similar form, except that the words requiring the defendant
to show cause why he has not done as commanded, must be omitted.
~"".)\
Section 1404.
When Peremptory Writ to Issue
When the right to require the performance of the act is clear, and it is
apparent that no valid excuse can be given for not performing it, a peremptory
mandamus may be allowed in the first instance; in all other cases, the alternative
writ must be first issued. The peremptory writ should not be issued if there
is any doubt that a valid excuse may exist.
cn 14 - 1
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CIVIL PROCEDURE
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Seetion 1405. Petition Upon Affidavit
The petition for the writ must be made upon affidavit, and the Court
may require a notice of the application to be given to the adverse party, or
may grant an order to show cause why it should not be allowed, or may grant
the writ without notice.'
Section 1406. Allowance and Service of Writ
. The allowance of the writ must be endorsed thereon, signed by the Judge
of the Court granting it, and the writ must be served personally upon the
defendant; if the defendant, duly served, neglect to return the same, he shall
be proceeded against as for contempt.
Section 1407. Answer
On the return day of the alternative writ, or such further day as the
c:ourt may allow, the party on whom the writ shall have been served may show
cause, by answer made in the same manner as an answer· to a complaint in a
civil action.
~)
Seetion 1408. Failure to Answer
If no answer be made, a peremptory mandamus must be allowed against
the defendant; if answer be made, containing new matter, the same shall not,
in any respect, conclude the plaintiff, who may, on the trial or other proceeding,
avail himself of any valid objections to its sufficiency, or may countervail it
by' proof, either in direct denial or by way of avoidance •
. Seetion 1409. Similarity to Civil Action ··..~\L
No other pleading or written allegation is allowed than the writ and
answer; these are the pleadings in the case, and have the same effect, and are
to be construed and may be amended in the same manner, as pleadings in a
civil action; and the issues thereby joined must be tried, and the further
proceedings thereon had, in the same manner as in a civil action.
)
CH 14 - 2
CIVIL PROCEDURE
Seetion 1410.
Recovery by Plaintiff
If judgment be given for the plaintiff, he shall recover the damages which
he shall hav~ sustained, to be ascertained by the Court, or by referees, as in
a civil action, and costs; and a peremptory mandamus shall also be granted to
him without delay.
Section 1411.
c
Damages Bar Further Actions
.
A recovery of damages, by 'virtue of this Chapter against a party who
shall have made a return to a writ of mandamus, is a bar to any other action
against the same party for the making of such return.
Seetion 1412.
Penalty for Refusal or Neglect to Perform
(a)
Whenever a peremptory mandamus is directed to any public officer.
body or board. commanding the performance of any public duty specially enjoined
by law. if it appear to the Court that such officer, or any member of such body
or board. has. without just excuse, refused or neglected to perform the duty
so enjoined. the Court may impose a fine. not exceeding Five Hundred Dollars'
($500.00). upon every such officer or members of such body or board. Such
fine. when collected. shall be paid into the Tribal treasury •.
(b) Whenever the peremptory writ of mandamus is directed to any private
person commanding the performance of any private duty specifically enjoined
by law, if it appear to the Court that such person has. without just excuse,
refused or: neglected to perform the duty so enjoined, the Court may impose
a civil fine, not exceeding Five Hundred Dollars ($500.00) upon such person
and may commit him to the custody of the Tribal Police for a term of sixty
(60) days or until he shall perform or agree to perform such duty or otherwise
purge his contempt.
The Court may, in an appropriate case, order the Chief
of the Tribal Police to perform the act required which performance shall have
the ·same effect as if performed by the person to whom the peremptory writ
was issued.
)
CH 14 - 3
CIVIL PROCEDURE
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CHAPTER FIFTEEN
QUO WARRANTO
Section
1501.
Quo Warranto
- Relief
Obtainable
by Civil Action
The writ of quo warranto, and proceedings by information
in the nature
of quo warranto, are abolished and the remedies heretofore obtainable
in those
forms may be had by civil action; provided, that such cause of action may be
instituted
and maintained by the c<?ntestant for such office at any time after
the .issuance of the certificate
of election by the Tribal election board, and
before
the expiration of thirty (30) days after such official is inducted into
office; provided further, that all suits now pending, contesting
such elections,
shall not be dismissed because
of the prematurity
as to time of their
commencement,
which shall be deemed valid and timely, if commenced after
the issuance of the election certificate
or after twenty (20) days after the
result of said election having been declared by such election board; and provided
further, that this Chapter shall not apply to any primary election.
Section
,)
1502.
Grounds
for Action
Such action may be brought in the Supreme
District Court, in the following cases:
Court by its leave
or in the
(a)
When any person shall usurp, intrude into, or unlawfully
hold or
exercise
any public office, or shall claim any franchise
within the Tribal
juriSdiction or any office in any corporation created by authority. on this Tribe;
which,
(b)
Whenever any public officer shall have done or suffered
any act
by the provisions of law, shall work a forfeiture
of his office;
(c)
When any association
or number of persons shall act within
Tribal jurisdiction
as a corporation
without being legally incorporated
domestica ted;
the
or
(d)
When any corporation
does or a~mits acts which amount to a
.. surrender or a forfeiture
of its rights and prrvTIeges as a corporation,
or when
any corporation abuses its power or intentionally exercises powers not conferred
by la w;
(e)
For any other cause for which a remedy might have been heretofore
obtained by writ of quo warranto, or information in the nature of quo warranto.
)
CH 15 - 1
CIVll.. PROCEDURE
Section 1503.
Persons Who May Bring Aetion
When the action is brought by the Attorney General when directed to do
so by competent authority, it shall be prosecuted in the name of the Tribe.
but where the action is brought by a person claiming an interest in the office.
franchise or corporation, or claiming any interest adverse to the franchise.
gift or grant, which is the subject of the action, it shall be prosecuted in the
name and under the direction, and a t the expense of such persons. Whenever
the action is brought against a person for usurping an office by the Attorney
. General, he shall set forth in the petition the name of the person rightfully
entitled to the office and his right or title thereto; when the action in such
case is brought by the person claiming title, he may claim and recover any
damage he may have sustained.
Section 1504.
Judgment in Contest for Office
In every case contesting the right to an office. judgment shall be rendered
according to the rights of the parties, and for the damages the plaintiff or.
person entitled may have sustained, if any. to the time of the judgment.
Section 1505.
Judgment for Plaintiff
If judgment be rendered in favor of the plaintiff or person entitled, he
shall proceed to exercise the functions of the office, after he has been qualified
as required by law; and the Court shall order the defendant to deliver over all
the books .and papers in his custody or within his power, belonging to the
office from which he shall have been ousted.
Section 1506.
Enforcement of Judgment
If the defendant shall refuse or neglect to deliver over the books and
papers, pursuant to the order, the Court~.~, judge thereof, shall enforce the
order by attachment or imprisonment, or both'.
Seetion 150'1. Separate
Aetion for Demages
When judgment is rendered in favor of the plaintiff, he may, if he has
not claimed his damages in the action. have a separate action for the damages
at any time within one year after the j~dgment. The Court may give judgment
of ouster against the defendant,' and exclude him from the office, franchise or
corporate rights; and in cases of cprporations, may- give judgment that the
same shall be dissolved •.
CH 15 - 2
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~tion
1508. Corporations
If judgment be rendered against any corporation. or against any persons
claiming to be a corporation. the Court may cause the costs to be collected
by execution against the persons claiming to be a corporation. or by attachment
against the directors or other officers of the corporation. and may restrain
any disposition of the effects of the corporation. appoint a receiver of its
property and effects. take an account. and make a distribution thereof among
the creditors and persons entitled.
)
cn 15 - 3
CIVIL PROCEDURE
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CHAPTER SIXTEEN
SMALL CLAIMS PROCEDURE
Section 1601. Small Claims
The following
suits
may be brought
under the small claims
procedure:
(a)
Actions for the recovery of money based on contract
or tort;·
including subrogation
claims, but excluding libel or slander, where the amount:
sought to be recovered,
exclusive of attorney's
fees and other court costs,
does not exceed Two Thousand Dollars ($2,000.00).
Libel or slander actions
may not be brought in the small claims court.
(b)
Actions to replevy personal property where the value of personal
property
sought to be replevied
does not exceed
Two Thousand Dollars
($2,000.00); where the claims for possession of personal property and to recover
money are pleaded in the alternative,
the joinder of claims is permissible if
neither the value of the property nor the total amount of money sought to be
recovered,
exclusive of attorney's
fees and other costs, does not exceed Two
Thousand Dollars ($2,000.00);
No action may be brought under small claims procedure by any collection.
agency, collection agent or any assignee of a claim. In those cases which are
uncontested
the amount of attorney's
fees allowed shall not exceed ten percent
(10%) of the judgment.
)
Section 1602. Small Claims Affidavit
Actions under the small claims procedure shall be initiated by plaintiff
or his attorney filing an affidavit in sUbstantiaJIy the following form with the
Clerk of the Court:
IN THE DISTRICT COURT
ABSENTEE SHA WNEE TRIBE OF OKLAHOMA
SMALL CLAIMS~".~:
~VISION
..
)
Plaintiff
vs •.
)
)
)
)
Small Claims No.
)
Defendant
)
SM ALL CLAIMS AFFIDA VIT
[NAME OF TRIBE]
)
)
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. ss.:
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CH 16 - 1
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CIVIL PROCEDURE
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[NAME
OF RESERVATION])
-------
, being duly sworn, deposes and says:
That the defendant resides at
,
(within) (without) the Tribal jurisdiction, and that the mailing address of
the defendant is
That the defendant is indebted to the plaintiff in the sum of
for
,
w-h-i-ch-a-r-o-s-e-(-w-i-thin)
-(w-it-h-o-u-t)-t-h-e-T-ri-b-a-l
-j-u-r-is-d-ic-t-io-n-t-h-a-t-p-Ia-i-n-tl-'
f-f-has
demanded payment of said sum, but the defendant refused to pay the
same and no part of the amount sued has been paid.
$
and/or
That. the defendant is wrongfully in possession of certain personal
property described as
..
that the value of said-pe-r-s-o-n-al-p-r-op-e-r-t-y-is-$-----------.
That plaintiff is entitled to possession thereof and has demanded that
defendant relinquish possession of said personal property, but that
defendant wholly refused to do so.
Plaintiff
__
Subscribed and sworn to before me this
day of ...-1 19
.
Notary-Public
----------(or Clerk or Judge)
My Commission Expires:
On the affidavit
shall be printed:
ORDER
~)'
~ ..
The People of [Name of Tribe], to "the within named defendant:
You are hereby directed to appear and answer the foregoing claim
and to have with you all books, papers and witnesses needed by you to
establish your defense to said claim.
)
This matter shall be heard at [name and address of courthouse
building], in [complete address of courthouse], at the hour of
o'clock of the
day of
,
-1-9--, or at the same-ti-m-e-a-n-d-p-Iaceseve-n-(7-)-d-a-y-s-a-ft-e-r-s-e-r-v-ic-e-he-r-e-of,
whichever is the latter.: And you· are further notified that in case you
do not so appear, judgment will: be g~ven against you as follows:
cn 16 - 2
CIVIL PROCEDURE
For the amount of said claim as it is stated in said affidavit, for
for possession of the personal property described in said affidavit, and,
in addition, for costs of the action (including attorney fees where provided
by law), including costs of service of this order.
Dated this __
day of
, 19 _.
Clerk of the Court (or Judge)
Seetion 1603.
Preparation
....
of Affidavit
The claimant shall prepare such an affidavit as is set forth in Section
1602 of this Chapter or, at his request, the Clerk of said Court shall draft
the same for him. Such affidavit may be presented by the claimant in person
or sent to the clerk by mail. Upon receipt of said affidavit, properly sworn.
to, the Clerk shall file the same and make a true and correct copy thereof,
and the clerk shall fill in the blanks in the order printed on said copy and sign
the order.,
)
Seetion 1604.
serviee
of Affidavit
Unless service by the Tribal Police Chief or other· authorized person is
requested by the plaintiff, the defendant shall be served by mail. The Clerk
shall enclose a copy of the affidavit and the order in an envelope addressed
to the defendant at the address stated in said affidavit, prepay the postage,
and mail said envelope to said defendant by certified mail and request a return
receipt from addressee only. The Clerk shall attach to the original affidavit
. the receipt for the certified letter and the return card thereon or other
evidence of service of said affidavit and order. If the envelope is returned
undelivered and sufficient time remains for making service, the clerk shall
deliver a copy of the affidavit and order to the Tribal Police Chief who. shall
serve the defendant in the time stated in..~ction 1605.
Section 1605.
Dete for Appearanee
The date for the appearance of the defendant as provided in the order
endorsed on the affidavit shall not be more than thirty (30) days nor less than
ten (10) days from the date of said order. The order shall be served upon
the defendant at least seven (7) days prior to the date specified in said order
for the appearance of· the· defendant •. If it is not served upon the defendant,
the plaintiff must apply to the Clerk for a new alias order setting a new day
for the appearance of the defendant, which shall not be more than thirty (30)
CH 16 - 3
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CIVIL PROCEDURE
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days nor less than ten (lO) days from the date of the issuance of the new
order. When the clerk has fixed the date for appearance of the defendant,
he shall inform the plaintiff, either in person or by certified mail, of said date
and order the plaintiff to appear on said date.
Section 1606. Transfer of Actions
On motion of the defendant the action shall be transferred from the small
claims docket to the general civil .docket of the Court, provided said motion
is filed and notice given to opposing party at least forty-eight (48) hours prior
to the time fixed in the order for defendant to appear or answer and, provided
further, that the defendant deposit the cost of fiJing a complaint in a civil
.action, and thereafter, the action shall proceed as other civil actions and shall
not proceed under the small claims procedure. The clerk shall enclose a copy
of the order transferring the action from the small claims docket to the general
docket in an envelope addressed to the plaintiff, with postage prepaid. Within
twenty (20) days of the date the transfer order is signed, the plaintiff shall file
a civil complaint that conforms to the standards of civil pleadings and shall
be answered and proceed to trial as in other civil actions.
If the plaintiff
ultimately prevails in the action so transferred by the defendant, a reasonable
.attorney's fee shall be allowed to plaintiff's attorney to be taxes as costs in
the case.
Section 160'1. Counterclaim or Setoff
No formal pleading, other than the claim and notice, shall be necessary,
and their is· no requirement to assert any counterclaim or cross claim, but if
the defendant wishes to state new matter which constitutes a counterclaim or
a setoff, he shall file a verified answer, a copy of which shall be delivered to
the plaintiff or his attorney in person, and filed with the Clerk of the Court
not la ter than forty-eight (48) hours prior to the hour set for the appearance
of said defendant in such action. Such answer shall be made in substantially
the following form:
COUNTERCLAIM o.JtI!~ETOFF
IN THE DISTRICT COURT
ABSENTEE SHAWNEE TRIBE OF OKLAHOMA
SMALL CLAIMS DIVISION
.
)
Small Claims) No. )
}
):
CH 16 - 4
CIVIL PROCEDURE
CLAIM OF DEFENDANT
[NAME OF TRIBE]
)
)
SSe
[NAME OF RESERVATION])
• being first duly sworn. deposes and says: That said
plaint .•.
if•f•,.....is-.-in-d.,..e-bted
to said defendant in the sum of $
1:(
for
•.'"
whic-h-a-m-o-u-n-t-d-e-r-en-d-a-n-t-p-r-a-ys-m-ay--be-a-l
..•.
lo-w-e
..•
d-a-s -a--cl-a-im--a-g-a-in-s-t
--'the~
plaintiff herein.
Uefenoant
-
19
Subscribed and sworn to before me this
•
---
NotaryPiiblic
day of
.
(or Clerk or Judge)
Seetion 1608. Actions for Amounts Exceeding in Excess of Two 1bousand Dollars
If a claim. a counterclaim. or a setoff is filed for an amount in excess
of Two Thousand Dollars ($2.000.00). the action shall be transferred to the
general civil docket of the District Court unless both parties agree in writing
and file said agreement with the papers in the action that said claim.
counterclaim or setoff shall be tried under the small claims procedure. If such
an agreement has not been filed. a judgment in excess of Two Thousand Dollars
($2.000.00) may not be enforced for the part that exceeds Two Thousand Dollars
($2.000.00) shall deposit with the Clerk of the Court costs that are charged
in other cases, less any sums that have been already paid to the clerk, or his
claim shall be dismissed and the remaining claims, if any, shall proceed under
the small claims procedure.
8eetion 1609.
Attachment
or Gamishment. Other Matters
No attachment or prejudgment garnishment shall issue in any suit under
the small claims procedure.
Proceedings to enforce or collect a judgment
rendered by the trial court in a suit under the small claims procedure shall be
in all respects as in other cases. No depositions shall be taken or interrogatories
or other discovery proceeding shall be used under the small claims procedure
except in aid of execution •. No new parties shall be brought into the action,
and no party shall be allowed to intervene in the action.
cn 16 - 5
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CIVIL PROCEDURE
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~tion
1610. Trial by Court
Actions under the small claims procedure shall be tried to the Court.
Provided, however, if either pa'rty wishes a reporter, he must notify the Clerk
of the Court in writing at least forty-eight (48) hours before the time set for
the defendant's appearance and must deposit with said notice with the Clerk
the sum of twenty dollars ($20.00) against the costs or producing the record.
The plaintiff and the defendant shall have the right to offer evidence in their
behalf by witnesses appearing at such hearing, and the judge may call such
witnesses and order the, production of such documents as he may deem
appropriate. The hearing and disposition of such actions shall be informal with
the sole object of dispensing speedy justice between the parties.
Seetion 1611. Payment of Judgment
If judgment be rendered against eithe~ party for the payment of money.
said party shall pay the same forthwith, provided, however, the judge may
make such order as to time of payment or otherwise as may, by him, be deemed
to be right and just.
Seetion 1612. Appeals
Appeals may be taken from the judgment rendered under small claims
procedure to the Supreme Court of the Tribe in the same manner as appeals
are taken in other civil actions, provided that any party which did not request
a reporter and provided in Section 1610 shall not be granted a new trial or
other relief :on appeal due to lack of a record.
Seetion 1613. Fees
)
A fee shall be charged and collected for the filing of the affidavit for
the commencement of any action, for the filing of any counterclaim or set,off,
for themailingofthecopyoftheaffida.Y.it1i~S
determined by rules of the
'Court, and, if the affidavit and order are served by the Tribal Police, the
Clerk shall collect the usual police service fee, which. shall be taxes as costs
in the case. After judgment, the clerk shall issue such process and shall be
entitled to collect such fees and charges as are allowed by law for the like
services in other actions. All fees collected hereunder shall be deposited with
other fees that are collected by the District Court. Provided that any statute
providing for an award of attorney's fees shall be applicable to the small claims
division if the attorney makes an appearance in the case, whether before or
after judgment or on hearing for disclosure of assets.
cn 16 - 6
CIVIL PROCEDURE
'. Section 1614.
-
Costs
The prevailing party in an action is entitled to costs of the action,
-including th~ costs of service of the order for the appearance of the defendant
and the costs of enforcing any judgment rendered therein •
. Section 1615.
Judgments
c~
Rendered Under Small Claims Proeedure
(a)
Except as otherwise provided herein, judgments rendered under the
Small Claims Procedure shall not "be entered upon the judgment docket. Such
judgment shall not become a lien upon real property unless entered upon the
judgment docket as hereinafter provided.
(b) Any small claims judgment, when satisfied by payment other than
through the office of the Court Clerk or otherwise discharged, may be released
by the Court upon written application to" the Court by the judgment debtor
and upon proof of due notice thereof having been mailed by the Court Clerk
to the judgment creditor at his last known address at least ten (10) days prior
to the hearing of the application. Payment of all costs necessary to accomplish
said release shall be paid by the judgment debtor.
(c) Such judgment shall become a lien on any non-trust interest real
property of the judgment debtor within the Tribal jurisdiction only from andafter the time a certified copy of the judgment has been filed in· the office of
the Court Clerk for entry in the clerk's land tract records book. No judgment
under the Small· Claims Procedure Act shall be a lien on the real property of
a judgment debtor until it has been filed in .this manner. When a judgment is
entered upon the judgment docket, the Court Clerk shall. jnstruct the prevailing
party of the manner in which to proceed to file such judgment for the purpose
of obtaining a lien against the real property of the judgment· debtor and the
Court Clerk shall provide the proper certified copy of the judgment necessary
to file.
Section 1616.
Pee for Doeketing Judgments
The Court Clerk shall, upon paymentJ1~by the prevailing part of a fee
established by Court rule, cause the judgment to be entered upon the judgment
docket. Fees collected pursuant to this section shall become part of the cost
of the action.
Section 1617.
Other Aetions In Small Claims Court
By leave of the Court, and with the consent of all parties, other actions
not provided for herein, or exceeding the maximum amount allowed to be
claimed by Sections 1601 and 1608, .'except actions for liable and slander, may
CH 16 - 7
)
CIVIL PROCEDURE
be tried under the small claims procedure.
The motion for leave to file in
such cases shall contain the consent of the defendant
endorsed thereon, or
such consent shall be promptly filed upon the submittal for filing of the small
claims affida vi t •
.
)
cn 16 - 8
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CHAPTER SEVENTEEN
FIRE'VORKS
ORDINANCE
SECTION 1:
Whereas it is necessary to set procedures and policies for the retail sale and use of
fireworks, this Ordinance shall be entitled the Fireworks Ordinance.
SECTION 2:
Definitions
a.Fireworks:
Any firecracker or other firework type device which is capable of or
intended to explode ignite, become self-propelled, give off any projectile, spark or
other ignited or fused objects or manifestation, or in any way give off sound or light .
by virtue of its burning or exploding.
b.
Realty Department:
The Realty Department of the Absentee Shawnee Tribe.
c.
Tax Commission:
d.
Secretary: The Secretary of the Absentee Shawnee Tribe.
e.
Retailer: A person seeking~ to sell Fireworks for profit in the jurisdiction
Absentee Shawnee Tribe.
The Tax Commission of the Absentee Shawnee Tribe.
of the
SECTION 3:
Any person; wishing to make retail sales of Fireworks within the Absentee~Shawnee
jurisdiction must enter into a lease with the Absentee Shawnee Realty Department on terms
agreeable to the lessee and lessor but requiringr,he lessee to provide at a minimum One Million
Dollars ($1,000,000.00) of comprehensive liability insurance with proof of payment.
SECTION 4:
Sales of Fireworks can only be made between June 15th and July ih of each year.
SECTION 5:
,)
.l
After obtaining a lease from' the Realty Department the Retailer must obtain a Tax
Identification Number from the Tax Commissioner and remit sales tax required by the Absentee
Shawnee Tax Code .
(a)
A two hundred and fifty dollar ($250.00) deposit must be paid by vendors to the
tax commission. The deposit may be applied to taxes owed to the tribe or
reimbursed after taxes have been paid in full.
>:.
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(b)
Vendors have a five (5) day deadline after the last day of sales to pay sales tax to
the tax commission. After this period, fines and penalties will be assessed.
SECTION 6:
After obtaining a Tax Identification Number, the Secretary will issue a license for the
sale of Fireworks by the Retailers.
SECTION 7:
The license fee shall be One Hundred Dollars ($100.00) per annum.
SECTION 8:
Any Retailer who fails to comply with these procedures shall be subject to criminal
prosecution under Section 570 of the Code of Law, Criminal Offenses and a civil penalty of One .
Hundred Dollars ($100.00) per day while in violation which shall be paid directly to the
Secretary to be placed in the Tribe's General Fund.
}
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CHAPTER 17
1701
LAWFUL
COLLATERAL
FOR FEDERALLY
GUARANTEED
LOANS
Lands held in fee simple by an Indian as defined by 25 CFR Section 955.103 within the
Absentee-Shawnee Tribal Indian Area as defined by 25 CFRSection 955.103 and a properly
approved residential lease on, up to and including two (2) acres of any appropriate land or
lands held in Trust for a Member of the Absentee-Shawnee Tribe of Oklahoma may be
utilized as collateral for loans Guaranteed by the U.S. Department of Housing and Urban
Development under Section 184 Indian Housing Loan Guarantee Program. The availability
of said collateral is dependant upon full compliance with the rules set forth in the sections
hereinafter applicable to the specific category of collateral.
1702
('J
FEE LANDS
1702 a.
The laws governing lands held in fee as defined in Section 1701 herein shall
be the laws of the State of Oklahoma pertaining to mortgages, foreclosures,
liens and eviction.
1702 b .
The Courts of the State of Oklahoma shall be the Court of Jurisdiction for Fee
Lands.
.c, ..~\
1703
LEASES OF TRUST LANDS
1703 A.
The laws of the Absentee-Shawnee Tribe of Oklahoma shall govern all actions /
pertaining to the mortgages, foreclosures, liens, and evictions associated with
the use of Trust Lands as collateral.
i
1703 b.
1704
The jurisdiction for all actions pertaining to leases of1rust Lands as collateral
shall be in the Absentee- Shawnee Tribal District Court.
DEFINITIONS
The definitions set forth in 25 CFR Section 955.103 shall be applicable to all issues
pertaining to this chapter unless more specifically' defined in this or other chapters of the
Laws of the Absentee-Shawnee Tribe of Oklahoma.
1705
MORTGAGE
AS A LIEN
A mortgage entered into between the borrower and lender wherein a lease of restricted land
is placed as collateral under the Section 184 Indian Housing Guaranteed Loan Program and
i
i
properly executed, approved and filed in accordance the Absentee-Shawnee Tribal laws shall
be considered a lien against such lease and have priority over all other liens.
CHAPTER 17 A
LIENS
1701 LIENS DEFINED
A lien is a charge imposed upon specific propertY, by which it is made security for the
performance of an act.
1702
CLASSES OF LIENS
Liens are either general or special.
1703
GENERAL LIEN
A general lien is one which the holder thereof is entitled to enforce as a security for the
performance of all the obligations, or all of a particular class of obligations, which exist in
his favor against the owner of the property.
1704
,
,
SPECIAL LIEN - PRIOR LIEN
A special lien is one which the holder thereof can enforce only as a security for the
performance of a particular act or obligation, and of such obligations as may be incidental
thereto. Where the holder of a special lien is compelled to satisfy a prior lien for his own
protection, he may enforce payment of the amount so paid by him, as part of the claim for
which his own lien exists.
1705
LAW APPLIES TO WHAT
Contracts of mortgage and pledge, are subject to all the provisions of this chapter.
\
1706
LIEN CREATED, HOW
A lien is created:
1.
2.
1707
By contract of the parties; or,
By operation of law.
LIEN CREATED BY LAW
No lien arises by mere operation of law until the time at which the act to be secured thereby
ought to be performed.
1708
)
LIEN OF FUTURE INTEREST
An agreement may be made to create a lien upon property not yet acquired by the party
agreeing to give the lien, or not yet in existence. In such case the lien agreed for attaches
from the time when the party agreeing to give it acquires an interest in the thing to the extent
2
)
of such interest.
1709 LIEN TO TAKE IMMEDIATE EFFECT
A lien may be created by contract, to take immediate effect, as security for the performance
of obligations not then in existence.
1710 LIEN TRANSFERS NO TITLE
Notwithstanding an agreement to the contrary, a lien or a contract for a lien transfers no title
to the property subject to the lien.
1711 CONTRACTS FOR
REDEMPTION
FORFEITURE
OF PROPERTY
AND RESTRAINING
All contracts for the forfeiture of property subject to a lien, in satisfaction of the obligation
secured thereby, and all contracts in restraint of the right of redemption from a lien, are void.
1712 LIEN DOES NOT IMPLY OBLIGATION
The creation of a lien does not of itself imply that any person is bound to perform the act for
which the lien is a security.
1713
EXTENT OF LIEN LIMITED
The existence of a lien upon property does not of itself entitle the person, in whose favor it
exists, to a lien upon the same property for the performance of any other obligation than that
which the lien originally secured.
1714
HOLDER OF THE LIEN NOT ENTITLED TO COMPENSAJ'ION
One who holds property by virtue of a lien thereon, is not entitled to compensation from the
owner thereof for any trouble or expense which he incurs respecting it.
1715 PRIORITY OF LIENS ACCORDING TO DATE
Other things being equal, different liens upon the same property have priority according to
the time of their creation.
1716 PRIORITY OF MORTGAGE FOR PRICE OF REALTY
A mortgage given for the price of real property, at the tim~of its conveyance, has priority
over liens created against the purchaser, subject to the operation of recording laws.
1717
ORDER FOR RESORT FOR PAYMENT OF PROPERTY LIENS
Where one has a lien upon several things, and other persons have subordinate liens upon or
interests in, some but not all of the same things, the person having the prior lien, if he can
do so without the risk of loss to himself, or injustice to other persons, must resort to the
property in the following order, on the demand of any party interested:
3
(
1.
2.
3.
4.
To the things upon which he has an exclusive lien.
To the things which are subject to the fewest subordinate liens.
In like manner inversely to the number of subordinate liens upon the same thing; and,
When several things are within one of the foregoing classes, and subject to the same
number of liens, resort must be had, -a.
To the things which have not been transferred since the prior lien was
created.
b.
To the things which have been so transferred without a valuable
consideration; and,
To the things which have been so transferred for a valuable consideration.
c.
1718 PERSONS ENTITLED TO REDEEM LIEN
Every person having an interest in property subject to a lien, has a right to redeem it from the
lien, at any time after the claim is due, and before his right of redemption is foreclosed.
1719 HOLDER OF INFERIOR LIEN-REDEMPTION
One who has a lien, inferior to another upon the same property, has a right:
1.
2.
To redeem the property in the same manner as its owner might, from the superior
lien; and,
To be subrogated to all the benefits of the superior lien when necessary for the
protection of his interests, upon satisfying the claim secured thereby.
)
1720 REDEMPTION-HOW MADE
Redemption from a lien is made by performing, or offering to perform, the act for the ./
performance of which it is a security, and paying, or offering to pay, the damages, if any, to
which the holder of the lien is entitled for delay.
1721
LIEN IS AN ACCESSORY OBLIGATION
\
A lien is to be deemed accessory to the act for the performance of which it is a security,
whether any person is bound for such performance or not, and is extinguishable in like
manner with any other accessory obligation.
1722
SALE OR CONVERSION OF PROPERTY EXTINGUISHES LIEN
The sale of any property on which there is a lien, in satisfactIon of the claim secured thereby,
or, in case of personal property, its wrongful conversion by the person holding the lien,
extinguishes the lien thereon.
1723
LIMITATION OF TIME
A lien is extinguished by the mere lapse of the time within which, under the provisions of
the Code of Civil Procedure, an action can be brought upon the principal obligation.
4
)
095876
(
1731
STATEMENT
TO
BE
ASSIGNMENT
OFof
LIENS
WAIVER
OFOF
VENDOR'S
LIEN
OF PURCHASER
OFLIEN
REAL
PROPERTY
VALIDITY
LIENS
OF
VENDORS
AND
extent
theFILED
sum
payable
under
thePURCHASERS
contract,LIEN
but
a transfer of such contract in trust to pay
VENDER'S
LIEN
FOR
PRICE
REALTY
VOLUNTARY
RESTORATION
AS
EXTINGUISHING
LIEN
PARTIAL
ASOF
EXTINGUISHING
1724 PERFORMANCE
«(I)
Any
person
claiming
a
lien
as
aforesaid
shall
file
in
the
Real
Estate
Office
of
the
Absentee
good
faith,
without
notice.
that
might
be
made
if
such
assignment
had
not
been
made.
Where
athereon,
statement
has
been
filed
faith
and
for
ahas
good
consideration.
debts,
and
return
the
surplus,
is
not
aas
of
the
lien.
All
claims
for
liens
and
rights
of
action
to
recover
therefor
hereunder
shall
be
assignable
so
property
subject
thereto,
even
if
itas
is
divisible.
of
The
the
liens
amount
defined
paid
as
in
he
Sections
may
be
1726
entitled
and
to
1729
recover
of
this
back
chapter
in
case
of
are
valid
failure
against
of
consideration.
every
one
as
and
signed
entry,
or
to
such
recorded
vest
on
by
assignment
in
the
the
the
as
same
claimant
assignee
provided
page
may
or
all
be
in
of
his
rights
made
Section
the
lawful
mechanics'
and
by
1731
representative,
awaiver
remedies
separate
of
this
lienjoumal
herein
instrument
title,
such
given,
attested
containing
assignment
in
subject
writing.
by
the
to
may
all
Real
record
defenses
be
Estate
made
of
the
Office;
by
lien,
an
part
of
the
price,
an
absolute
transfer
of
such
contract
by
the
seller,
waives
his
lien
to
the
One
who
pays
to
owner
any
part
of
the
price
of
real
property,
an
agreement
for
parties,
and
extinguishes
it,
notwithstanding
any
such
agreement,
as
to
creditors
of
sale
thereof,
athe
special
lien
upon
property,
independent
ofpbssession,
for
such
part
personal
Where
the
obligation
buyer
of
real
of
the
property
buyer,
gives
to
the
the
seller
rights
aand
written
of
purchasers
contract
and
for
incumbrancers,
payment
of
all
or
in
who
sells
real
property
has
athe
special
or
vender's
lien
independent
of
possession,
for
so
much
of
the
price
remains
unpaid
and
unsecured,
otherwise
than
5by
claiming
under
the
debtor,
except
asubject
purchaser
or
incumbrancer
in
g?od
faith,
and
for
value.
The
owner
voluntary
and
persons
restoration
subsequently
of
property
acquiring
to
its
owner,
title
to
by
the
the
property,
holder
of
or
aotherwise
lien
athe
lien
thereon,
thereon,
dependent
inthereto
good
upon
possession,
extinguishes
the
lien
to
such
property,
unless
agreed
by
the
The
partial
perfonnance
of
an
act
secured
aunder
lien
d.oesnot
extinguish
the ~'
lien upon any part
(
Shawnee Tribe in which the land is situated a statement setting forth the amount claimed and
the items thereof as nearly as practicable, the names of the owner, the contr:actor, the
claimant, and a legal description of the property subject to the lien verified by affidavit.
Such statement shall be filed within four (4) months after the date upon which material was
last furnished or labor last performed under contract as aforesaid; and if the claim be for the
planting of any trees, vines, plants, or hedge, such statement shall be filed within four (4)
months from such planting. Immediately upon the receipt of such statement the Real Estate
Office shall enter a record of the same against the tract index and in a book kept for that
purpose, to be called the mechanics' lien journal, which shall be ruled off into separate
columns, with headings as follows: "When filed," "Name of owner," "Name of Claimant,"
"Amount claimed," "Legal description of property," and "Remarks," and the Real Estate
Office shall make the proper entry in each column.
)
..,~-
)
6
(v
,.r"
CHAPTER 18
MORTGAGES
1801 FORM OF MORTGAGE
A mortgage upon lease of real estate may be substantially in the following form, to-wit:
Know
all
these
men
by
these
Presents:
That,
................. and
of..
County, in the jurisdiction
of the
Absentee Shawnee Tribe of Oklahoma, party of the first part, have
mortgaged
and
hereby
mortgage
to
.................. of
County
of
party
.
............... the second part, the following described real estate and
premises, situated in
County, State of Oklahoma, towit..
,with all the improvements thereon and appurtenances
thereunto belonging,
and warrant the title to the same;
......................... This mortgage is given to secure the principal sum of
.............. dollars, with interest thereon at the rate of
per
centrum
per
annum,
payable
annually
from
according to the terms of certain promissory
note
described
as
follows,
to-wit:
Dated this
day of
, 1'9 .
1802 FORMALITIES SIMILAR TO DEEDS
Mortgages of real property may be acknowledged or proved, certified, and recorded in like
manner and with like effect as grants thereof.
1803 RECORD IS NOTICE
The record of a mortgage duly made, operates as notice to all subsequent purchasers and
incumbrancers.
1804
GRANT INTENDED AS MORTGAGE RECORDED AS MORTGAGE
Every grant of real property, or of any estate therein, which appears by any other writing to .
be intended as a mortgage will be a mortgage within the meaning of this chapter.
1805 SEPARATE INSTRUMENT RECORDED
Every instrument explanatory of any deed or other writing purporting to be a conveyance but
intended to be defeasible or as security for payment of money, shall be deemed a part
thereof, and must be filed and recorded therewith; and unless such instruments are so filed
and recorded together, they and each of them shall have no other effect than an unrecorded
(
mortgage, and the recording of the principal instrument shall secure no rights to the holder
thereof.
1806
ASSIGNMENT
- UNRECORDED
RELEASE
BY ATTORNEY
Any agent or attorney duly authorized to collect the debt secured thereby shall have power
and authority to release a mortgage.
1808
, .i
#,
- PAYMENT
In cases where assignments of real estate are made after the passage of this chapter, if such
assignments are not recorded, the mortgagor, his heirs, personal representatives, or assigns,
may pay all matUred interest or the principal debt secured thereby, prior to recording of such
assignment to the mortgagee, or if any assignment of such mortgage has been made that duly
appears of record, then such payment may be paid to the last assignee whose assignment is
recorded in accordance with the provisions of this section and 1731 of this Code of Civil
Procedure, and such payment shall be effectual to extinguish the debt secured by such
mortgage and all claims against such mortgagor, his heirs, personal representatives, and
assigns, for or on account of such interest or such principal indebtedness; and no transfer of
any note, bond or other evidence of indebtedness, by endorsement or otherwise, where such
indebtedness is secured by mortgage on real estate' within the jurisdiction of the Absentee
Shawnee Tribe of Oklahoma, shall prevent or operate to defeat the defense of payment of
such interest or principal by the mortgagor, his heirs, personal representatives, or assigns,
where such payment has been made to the mortgagee or to the assignee whose assignment
appears last of record under the provisions of this chapter: Provided, however, that in all such
cases the assignee who may hold such unrecorded assignment shall have a right of action
against his assignor to recover the amount of any such payment of interest or principal made
to such assignor as upon an account for money had and received for the use of such assignee:
Provided, this chapter applies only to mortgages which have been on record six months or
more.
1807
,,'
('\
ASSIGNMENTS OF EXISTING MORTGAGES - RECORDING
MONTHS - MORTGAGES ON RECORD FOR SIX MONTHS
WITffiN
FOUR
All assignments of mortgages at present existing, bearing date prior to taking effect of this
Act, shall within four (4) months next succeeding the taking effect of this chapter be
recorded in the proper Real Estate Office, in accordance with the provisions of Section 1731
of this Code of Civil Procedure, whether such assignments be acknowledged or not, and in
case such assignments are not recorded within the time herern provided, the payment of any
interest or principal on the debts secured by such mortgages to the mortgagees or the
assignees whose assignments appear last of record after the expiration of the time herein
provided, and before the recording of such assignments, shall be and constitute a complete
defense to any action on such mortgage or note or other evidence of indebtedness secured
thereby as against the mortgagor, his heirs, personal representatives, or assigns: Provided,
however, the last assignee of an unrecorded assignment shall have a right of action against
the assignor to whom such interest or principal is paid; and provided further, that where the
2
)
(C
mortgagor, his heirs, personal representatives, or assigns have actual notice or knowledge
of such assignment or transfer, then in such case such payment shall constitute no defense,
and none of the provisions of this Act shall apply. Provided, this Section applies only to
mortgages which have been on record six (6) months or more.
1809
HOLDER MUST RELEASE - PENALTY
Any mortgage on real estate shall be released by the holder of any such mortgage within fifty
(50) days of the payment of the debt secured by the mortgage and the holder of the mortgage
shall file the release of the mortgage with the Real Estate Office where the mortgage is
recorded. If, at the end of the fifty (50) day period, the holder has failed to release the
mortgage, the mortgagee may at any time request in writing the holder of the mortgage to'
release the mortgage and the holder of the mortgagee shall have ten (10) days from the date
of the request to release such mortgage. If the holder of the mortgage fails to release the
mortgage by the end of such ten (10) day period, he shall then forfeit and pay to the
mortgagor a penalty of one percent (1%) of the principal debt not to exceed One Hundred
Dollars ($100.00) per day each day the release is not recorded after the ten (10) day period
has expired and the penalty shall be recovered in a civil action in any court having
jurisdiction thereof, but the request for the release shall be in writing and describe the
mortgage and premises with reasonable certainty. Provided that, the total penalty shall not
exceed one hundred percent (100%) of the total principal debt.
~
1810 HOW RELEASED
A mortgage on real property may be released by written instrument, duly signed and
acknowledged and recorded in the Real Estate Office.
3
CHAPTER 19
FORECLOSURE
1901 FORECLOSURE PROCEDURE
Any action seeking the foreclosure of a mortgage properly issued and recorded under the
laws of the Absentee-Shawnee Tribe of Oklahoma shall proceed as a civil action under said
laws and be governed thereby. Any party filing a foreclosure action hereinunder waives any " .
objection to the jurisdiction of the Absentee-Shawnee Tribal Court and is deemed to have
fully submitted themselves to said jurisdiction for any and all costs, counter claims or other
causes of action arising out of the foreclosure procedures, including any subsequent eviction
action, or other action required to put said party in possession of the lease which is the
subject of the foreclosure action. The jurisdiction over the party seeking foreclosure shall
continue for so long as said party shall have the ownership of the lease in question and shall
apply to all tenants holding under such ownership. After the award of judgment in a
foreclosure action, any and all further remedies and action are limited to actions taken by the
U.S. Department of Housing and Urban Development, hereinafter referred to as HUD.
1902 COSTS AND ATTORNEY FEES
All costs and reasonable attorney fees of the prevailing party in a foreclosure action shall
be taxed against the other party thereto.
/'
\
1903 SALE OF LEASEHOLD
No sale of the lease hold secured by HUD shall be"made until a judgment in a foreclosure
action has been entered on the record for a period of thirty (30) days.
1904 EVICTION
Upon application and after the judgment in a foreclosure in favor of the mortgagee has
become final, HUD may apply to the court for an order immediately removing the mortgagor
or any other person residing on the property subject to the foreclosure, along with their
personal belongings therefrom. The order may, at the discretion of the court also contain
therein a writ of assistance requiring the Tribal police to use whatever force and resources
necessary to remove any person residing on the said property.
1905 COSTS OF REMOVAL
,)
Any and all costs incurred in the forcible remova~ of persons and property under Section
1904 shall be paid by the party seeking such assistance, to include labor, damages to Tribal
officers and/or equipment, and all other costs of any kind. Such costs are to be in accordance
)
with the actual cost incurred by the Tribe and will be credited to the account of the particular
office involved. The party seeking the removal hereunder shall have the option of providing
their own labor and equipment for the removal procedures, which shall take place under the
control of the Tribal Police.
1906
EVICTION COMPLETE WHEN
The eviction shall be deemed complete when the persons and personal property sought to be
removed have been transported to the outer boundaries of the lease in question.
1907
SALE OF LEASEHOLD UNDER FORECLOSURE
PROCEDURES
A. Lands and tenements taken on execution shall not be sold unless the party causing the
execution to be issued:
1. Causes a written notice of sale executed by the chief law enforcement officer
containing the legal description of the property to be sold and stating the date, time
and place where the property will be sold to be mailed, by first class mail, postage
prepaid, to the judgment debtor, any holder of interest of record in the property to be
sold whose interest is sought to be extinguished, and all other persons of whom the
party causing the execution to be issued has notice who claim a lien or any interest
in the property whose interest is sought to be extinguished, at least ten (10) days prior
to the date of the sale, if the names and addresses of such persons are known; and
2. Causes public notice of the date, time and place of sale to be given by publication
for two (2) successive weeks in a newspaper published in the jurisdiction in which
the property to be sold is situated, or in case no newspaper is published in such
jurisdiction, then in a newspaper of general circulation therein and by putting up an
advertisement upon the Tribal courthouse door and in five (5) other public places in
such jurisdiction, two (2) of which shall be tn the jurisdiction where such lands and
tenements lie. Notice shall be executed by the Tribal Realty Department and state
the name of any person having an interest in the property to be sold whose interest
is sought to be extinguished and whose actual address is unknown, and shall
designate the person or persons whose unknown successors are being notified; and
3. Files in the case an affidavit of proof of mailing and of publication or posting.
B. A written notice of sale executed prior to the effective date by the party causing the
execution to be issued but otherwise conforming to the provisions of this section shall, for
all purposes, be deemed valid.
C. Such sale shall not be held less than thirty (30) days after the date of first publication of
the notice required in paragraph 2 of subsection A of this section. If purchaser other than the
party causing the execution to be issued, when required by the chieflaw enforcement officer,
2
/
fails to post cash or certified funds equal to ten percent (10%) of the amount bid for the
property within twenty-four (24) hours of the sale, excluding Sundays and legal holidays, or
otherwise fails to complete the sale, the chief law enforcement officer may accept the
highest bid. Except as otherwise provided for in subsection B of this section, sales for which
the provisions of subsection A of this section have not been complied with shall be set aside
on motion by the court to which the execution is returnable.
(
1908
c
SALE RESTRICTIONS
The bidders in a sale under Section 1907 shall be limited to members of the AbsenteeShawnee Tribe of Oklahoma, HUD, and any other persons or agencies which are authorized
to hold leases on Restricted lands, including but not limited to the Absentee Shawnee Tribe
of Oklahoma.
1909
APPROVAL
OF PURCHASER
No sale subsequent to a foreclosure action shall be valid and effective until approved by the
Absentee Shawnee Tribe of Oklahoma and the Secretary of the Interior and confirmed by the
Court. Upon such approval and the payment of the proceeds of the sale, title of the lease
shall be vested in the purchaser.
(
1910
USE OF LEASEHOLD
PROPERTY
AFTER POSSESSION
'--
)
After the leasehold is in actual possession of HUD, and prior to the sale thereofHUD may,
with the approval of the Absentee Shawnee Tribe of Oklahoma, enter into a rental agreement
with a member of the Absentee Shawnee Tribe for the leasehold. All proceeds from such
rental agreement shall be applied to the judgment of foreclosure.
J
3
CIVIL PROCEDURE
Q.i
...•. ..
.. -''''.''
-
CHAPTER 20
CIVIL ACTION FOR VIOLATION OF T~
FREEDOM OF INFORMATION ACTS
Section 2001. Law Applicable
Information Acts
for Civil
Dama£es
for a Violation
of the Freedom
of
Any person violating Section 215, Criminal Offenses, relating to a violation ofthe Freedom
of Information Acts of either the Absentee Shawnee Tribe (Legislative Resolution No. AS-92-38)
or the federal law (5 U.S.c.A. § 552a(b )(2)). may be-sued-inTribal Court for civil damages; provided
that the Absentee Shawnee Tribe win be held-harniless and immune fTom such suit and incur no
liability for such act whatsoev;e[~
~.-/.::.: ..
'H,
)
:;;
i";~I!'cm
-.,,:.-.
CHAPTER 21
CIVIL PROCEDURE
Informal Administrative Hearings Guidelines
2001.
Purpose
To provide an infonnal forum for an employee to appeal the termination by a Department
Head made in the Grievance procedures ofthe Administrative Systems Manual. See Chapter VII,
Section Q. Grievances, of the Administrative Systems Manual.
2002.
Time to Appeal
After the Department Head has replied in writing to the employee's grievance, the employee
who finds the Department Head's decision unsatisfactory may appeal the Department Head's decision
to the Tribal District Court withing five (5) working days of the receipt of the Department Head's
decision.
2003.
~~
How to Appeal
The aggrieved employee will file a written or typed statement with the Court Clerk of why
the employee finds the Department Head's decision to terminate to be unwarranted. This written
statement should contain a summary ofthe reasons why the termination is believed to be unwarranted
and a summary of the Department Head's response. Attached to the filed statement should be copies
of the employee's written grievance upon termination and the Department Head's written response.
2004.
Delivery to Department Head
The aggrieved employee will hand deliver to the Department Head a copy ofthe file stamped
document required by paragraph 2003 above as soon as possible after filing and not more than one
(1) day later ..
2005.
Response of Department Head
Within five (5) working days of the hand delivery of the employee's filed appeal, the
Department Head may respond in writii1g to the appeal. Response is not mandatory.
2006.
. -3
Hearin2: Before Tribal District Jud2:e
The Tribal District CoUrt will set a date for an Administrative Hearing before a Tribal District
Judge no earlier than twenty (20) working days after the filing of the employee's appeal but no later
than thirty (30) working days after the filing of the appeal.
2007.
Notice to the Parties
The Tribal Court Clerks shall direct timely notice ofthe hearing date to both parties.
2008.
No Filin2 Fees
No filing fee will be assessed to any employee filing a grievance pursuant to his/her right under
Section Q of the Administrative Systems Manual.
2009
Hearin2 Process
a.
To be conducted by a District Court Judge.
b.
No attorneys for either party may appear.
c.
The hearing is to be conducted in an informal manner rather than in a traditional triallike manner.
d.
The District Court Judge will allow each party a reasonable amount oftime, not to
exceed forty-five (45) minutes per party to present his/her side of the dispute under oath.
e.
The parties in their above allotted time may present witnesses and/or documents in
support of their individual positions. Neither Chapter 5 of this Code relating to witnesses nor
Chapter 7 relating to Trial Procedures will apply. Each witness, if any, will present to the
District Judge his or her testimony under oath.
f
The hearing Judge will deliver an opinion in writing based on the presentation of
information by both parties and their witnesses, if any, within five (5) working days of the
hearing.
g.
The decision of the District Court Judge hearing the appeal is finaL
Originally Passed by Resolution No. L-AS-2002-l2
Dated Aprill 0, 2002
Amended by Resolution No. L-AS-2002-16
Dated May 8, 2002
CIVIL PROCEDURE
CHAPTER TWENTY -THREE
GOVERNMENT
TRAVEL CHARGE CARD
Section 2301.
If issued a Government Travel Charge Card ("GTCC"), it must be used for all
official travel expenses UNLESS:
(a)
(b)
(c)
Section 2302.
a vendor does not accept the travel charge card; or
the Administrator of the GSA has granted an exemption (see FTR Section
301-70.704,41 CFR 301-304); or
your Department Head or his/her designee has granted an exemption.
The GTCC cannot be used to withdraw money for personal use.
Section 2303. Employees may retain for personal use any Frequent Flyer miles earned in official
government travel.
Section 2304.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Section 2305.
(a)
(b)
(c)
(d)
(e)
(f)
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Reimbursable from GTCC:
Airfare;
Maximum lodging amount allowed for the per diem locality excluding
lodging tax;
Meals, up to the rate for the per diem locality;
Work related telephone calls and faxing;
Car rental if previously approved;
Shuttle and taxi fare; and
A TM fees when the GTCC is used to obtain a cash advance for official
travel. .
Not reimbursable from GTCC:
Business or first class airfares;
Amount in excess of the lodging amount allowed for the per diem unless
previously approved;
Meal costs over the rate for per diem;
Personal telephone calls;
Gifts; and
Personal expenses.
Section 2306. Any intentional misuse of the GTCC shall be unlawful and subject the misuser to'
a fine of not less than the amount of misuse and not more than $1,000.00 and/or imprisonment of
not less than thirty (30) days and not more than one (1) year.
Section 2307. Any use of the GTCC prohibited by this Chapter will be presumed to be intentional
within the meaning of Section 2306 above.
Section 2308. Each user of the GTCC must sign a waiver of any objection he/she might have under
applicable law to the jurisdiction ofthe Absentee Shawnee Tribal Court System.
))
WAIVER
1,
, having been issued
a Government Travel Charge Card ("GTCC") do knowingly waive any objection to
the jurisdiction
of the Absentee Shawnee Tribal Court System in the case of
intentional misuse of the GTCC.
CHAPTER TWENTY-FOUR
ANIMAL CONTROL ORDINANCE
SECTION A:
BASIC PROVISIONS
Section 100:
Definitions
The following words and phrases when used in this Ordinance shall have the meanings when used
in this Ordinance. The definitions are as follows:
1.
"Animal" shall mean any reptile, fowl, m~mm1al,or other living creature rather than
a plant or tree; and
2.
"Owner" shall mean any person, firm or corporation owning, harboring, or keeping
an animal. Also, owner may be the occupant of any premises on which a
domesticated or tamed animal remains, or which customarily remains, for a period
or more than ten (10) days or more, shall be deemed to be harboring or keeping the
animal; and
3.
"Vicious animal" means an animal which has bitten, or attempted to bite, any person
without undue provocation, or which attacks, or barks or growls at and acts as if it
intends to attack or bites or bites a person or persons, when not unduly provoked; and
4.
"Animal control officer" shall be that law enforcement officer designated by the
Tribal Police Chief to investigate and control animals with the Absentee Shawnee
Tribe of Oklahoma jurisdiction. Designation will be made on a case by case basis.
.
SECTION B:
DOGS AND CATS VACCINATION AND HEALTH
Section 200:
Dogs and Cats to 'be Vaccinated
The owner or keeper of any dog or cat of six (6) months of age or older withing the Tribal
jurisdiction shall have the dog or cat vaccinated against rabies by a licensed veterinarian every
calendar year. Owners shall affix, or have affixed, to the collar or harness of each vaccinated dog
or cat a metal disc with sufficient information thereon that the vaccination certificate covering the
animal may be readily traced. Failure to do so can result in the animal being impounded, and
vaccinated at the sole expense of the owner or keeper, if necessary.
Section 20 I:
Vicious Animal May be Killed
Any person may kill an animal in self-defense or in defense of another when the animal, without
undue provocation, bites himlher or the other, or attacks, or attempts to bite or attack, him/her or the
other in such manner that an ordinarily prudent person would be led to believe that the person toward
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whom the efforts of the animal are directed to be bitten or otherwise physically harmed.
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Section 202:
Keeping of Vicious Animals
No person shall own or harbor any rabid or vicious animal within the Tribal jurisdiction unless the
same is kept upon private premises of such person and securelylocked within a sufficient enclosure
to prevent any possible means of escape. No license issued under this Section shall be authority to
permit any rabid or vicious animal to run at large within the Tribal jurisdiction, muzzled or not.
Section 203:
Dogs Muzzled or Cats Confined
A.
When the animal control officer determines and certifies that a dog or cat, or any other animal
within the Tribal jurisdiction, or within three (3) miles:ofthe Tribal Jurisdiction is or was infected
with rabies and that an epidemic of rabies threatens any portion ofthe Tribal jurisdiction, he/she may
request that the Executive Committee, by Tribal resolution, order all dogs and cats within that
particular area muzzled and/or confined, for such time until the risk of the rabies epidemic passes.
The Resolution shall be given to all Tribal homes within the effected area, and shall be published
in a newspaper of general circulation in the area.
B.
While such resolution is in effect, it is unlawful for any owner or keeper of dogs or cats, to
permit an unmuzzled dog or cat to be at large in violation of the resolution.
SECTION C:
0···
Section 300:
~
I'
RABIES CONTROL AND PROCEDURES
Rabies Control and Procedures
._,-~
A.
Every animal that bites or scratches a person shall be reported within four (4) hours to the
Chief of Police or another police officer, and shall thereupon be securely quarantined, for a period
of ten (10) days, at a veterinary hospital or other facility as may be approved by the officer
designated as the animal control officer, at the expense of the owner or keeper of the animal, who
may choose the veterinary clinic and shall not be released from such quarantine except by permission
of the animal control officer and .a licensed veterinarian. If an owner or keeper fails to quarantine
hislher animal and is found guilty of such a violation a fine may be imposed by the Tribal Court not
to exceed One Hundred Dollars ($100.00).
B.
In the case of stray animals, or if the ownership of the animal is unknown, such quarantine
location shall be determined by the animal control officer.
C.
The owner or keeper of an animal shall surrender any animal that has bitten or scratched a
human, or which is suspected of having been exposed to rabies, for supervised quarantine, the
expenses for which shall be borne by the owner and the animal may be reclaimed by the owner if
adjudged free of rabies.
))
..
D.
When an animal under quarantine has been diagnosed as being rabid, or suspected by a
licensed veterinarian as being rabid, and dies while under such observation, the animal control
officer or veterinarian shall immediately send the head of the animal to the State Department of
Health for pathological examination, and notify the proper public health officials of human contacts
and the diagnosis made of the suspected animal.
2
d~
E.
Any person that kills a rabid animal suspected or confirmed, shall notify the animal law
enforcement officer, within four (4) hours of such kilil~g.
F.
The carcass of any dead animal exposed to rabies shall upon demand be surrendered to the
animal control officer.
G.
It is the duty of every physician, veterinarian or any other practitioner to report to the animal
control officer the names and addresses of persons treated for bites inflicted by animals together with
other information as will be helpful in rabies control.
SECTION D:
MISCELLANEOUS
PROVISIONS
Section 400:
Animals to be Impounded, Entry on Property
The animal control officer, a police officer, or other law enforcement officer may authorize upon a
showing of probable cause that an animal is a threat to the human population take into custody and
impound any animal found at large or roaming, and/or that is in violation of any provision of this
Ordinance. In taking an animal into custody under the authority ofthis Ordinance, the animal control
officer may enter onto private property to gain custody of the animal.
Section 401:
_
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Fees and Procedures for Impoundment of an Animal
The owner of an impounded animal shall pay the actual fees charged for impounding and/or keeping
any animal. The procedures for care and release of the animal shall be created by the police
department and must be approved by the Executive Committee.
Section 402:
Clean Space for Animals
Every place, building, or area where an animal is kept or permitted to be kept shall be maintained
in a clean and sanitary condition, devoid of rodents and vermin and free ITom objectionable odors.-"
Section 403:
Animal Control Officer to Inspect
The animal control officer or Tribal police chief, upon formal complaint of any person, shall inspect
any structure, place or area where an animal is kept, and may do so on his/her own initiative. The
animal control officer or Tribal police chief may issue any such reasonable ticket to bring the animal
in compliance with this Ordinance. If the owner or keeper of the animal fails to comply with the
ticket issued, the law enforcement officer or Tribal police chief may make request ofthe Tribal Court
Trial judge to enforce any reasonable order protecting and promoting the public interests and
providing a safe, healthy environment for the animal. The request for enforcement will allow the
Tribal Judge to determine if the ticket issued is reasonable. If it is, and is not being complied with,
the Judge may assess a fine of not more than One Hundred Dollars ($100.00), and grant other relief
the Tribal Judge determines is necessary, to bring compliance, including incarceration.
3
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.