# CLASSIFICATION: #16. EXECUTIVE BRANCH

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URL: https://www.frixlaw.com/law-library/documents/tribal%3Amuscogee_creek_nation%3A4219a833f9ecc7c3

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

NCA 12-1 74
CLASSIFICATION: #16. EXECUTIVE BRANCH
A LAW OF THE MUSCOGEE (CREEK) NATION REPEALING CHAPTER 1 OF TITLE
16 ENTITLED “ORGANIZATION OF EXECUTIVE OFFICE OF THE PRINCPAL
CHIEF” AND REPLACING IT WITH A NEW CHAPTER 1 ENTITLED “THE
ORGANIZATION FOR THE EXECUTIVE OFFICE OF THE PRINCIPAL CHIEF”
Be it enacted by the National Council of the Muscogee (Creek) Nation:
SECTION ONE~ FINDINGS.

The National Council finds that:

A.
The Muscogee (Creek) Nation has experienced a period of growth and
expansion of programs and departments that require an examination of its existing
governmental structure within the Executive Branch.
B.
During the past several years, the Reorganization Plan of 2004 has been
amended numerous times by creating and amending Offices within the Executive
Branch and Independent Agencies. The changes have not all been properly codified to
reflect the amendments.
C.
The purpose of this Act is to organize the various departments, agencies,
boards, commissions, and other entities of the Executive Branch into a cabinet system
in order to improve the effectiveness, efficiency, and accountability to the Citizens of the
Muscogee (Creek) Nation.
D.
Once this law is enacted, the provisions in the code that will need to be
amended to reflect the reorganization structure have been identified and will be
presented by separate legislation.
SECTION TWO. REPEALER. MCNCA Title i6, Chapter 1, Entitled ~Organization of
Executive Office of the Principal Chief is hereby repealed.
SECTION THREE. NEW LAW. The following new law shall be codified in Title 16,
Chapter 1 of the Code of Laws of the Muscogee (Creek) Nation; provided that for
purposes of codification of said new law and its inclusion in pocket parts for the Code of
Laws of the Muscogee (Creek) Nation, the Codification Committee is hereby authorized:
(1) to approve any changes related to the manner in which sections, articles, chapters
and sub-chapters are designated in this law in order to be consistent with the format in

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NCA 12-114
the Code of Laws published in 2010 by West Publishing Company; (2) to include
footnoted references to the legislative history in said pocket parts to the Code of Laws;
and (3) to note in said pocket parts any editorial correction of minor clerical or
grammatical errors in the following new law:
TITLE 16. EXECUTIVE BRANCH
CHAPTER 1.THE ORGANiZATION FOR THE EXECUTIVE OFFICE
OF THE PRINCIPAL CHIEF
§1-101. Definitions
A.
Appointed Officer A person appointed by the Principal Chief with the
advice and consent of the Muscogee (Creek) National Council. Appointed Officers
include the following: Controller and Secretary of the Treasury, Attorney General, Chief
of Staff, Lighthorse Chief, Tax Commissioner, Gaming Commissioner(s), Appointments
to the Gaming Operations Authority Board, Appointments to the Trade and Commerce
Board, Appointments to the Citizenship Board, Appointments to the Election Board,
Appointments to the College of the Muscogee (Creek) Nation Board of Regents, Tribal
Administrator, Secretary of Health, Secretary of Community and Human Services,
Secretary of Education, Employment and Training, Secretary of Interior Affairs,
Secretary of the Nation and Commerce, and Secretary of Housing.
—

B.
Secretary
An appointed officer and member of the cabinet of the
Principal Chief who has direct supervisory authorities over one of the following
Departments: Department of the Treasury, Department of Health, Department of
Community and Human Services, Department of Education and Training, Department of
Interior Affairs, Department of Housing, Secretary of Nation and the Department of
Commerce. The Cabinet Secretaries shall advise the Principal Chief of his or her
respective Department and shall serve at the pleasure of the Principal Chief.
—

C.
The Principal Chief, at his or her discretion, may designate other executive
staff to his or her Cabinet.
§1-1 02. ORGANIZATION OF THE EXECUTIVE OFFICE OF THE PRINCIPAL CHIEF
A.

DEPARTMENT OF THE TREASURY
Office of the Controller and Secretary of Treasury
1.
Management & Budgets
2.
Financing and Accounting
3.
Credit and Finance
4.
Community Finance

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NCA 12174
B.

DEPARTMENT OF JUSTICE

Office of the Attorney General
1.
Office of Child Support Enforcement
2.
Muscogee (Creek) Nation Legal Services
C.

DEPARTMENT OF THE ADMINISTRATION
Office of the Tribal Administrator
1.
Human Resource Management and Personnel Services
2.
General Services Administration
3.
Information Technology
4.
Comprehensive Planning

D.

DEPARTMENT OF HEALTH

Office of the Secretary of Health
1.
Health Centers
2.
Hospital(s)
3.
Clinics
4.
Specialized Health Programs
E.

DEPARTMENT OF COMMUNITY & HUMAN SERVICES
Office of the Secretary of Community & Human Services
1.
Human Services (Social Services)
2.
Office of Child Care
3.
Children & Family Services
4.
Family Violence Prevention
5.
Community Research & Development
6.
Temporary Assistance for Needy Families (TANF)
7.
Senior Services
8.
Food Distribution
9.
Elderly Nutrition
10.
Women, Infant & Children Program (WIC)

F.

DEPARTMENT OF EDUCATION, EMPLOYMENT AND TRAINING
Office of the Secretary of Education and Training
1.
Johnson O?MalIey
2.
Eufaula Dormitory
3.
Employment and Training Services (Tribal Workforce)
4.
Higher Education

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NCA 12-1 74
5.
6.
7.
8.
9.
G.

Reintegration Program
Mvskoke Revitalization Language Program
Headstart
Library Management
Tribal Employment Rights Office

DEPARTMENT OF INTERIOR AFFAIRS

Office of the Secretary of interior Affairs
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
H.

Realty and Trust Services
Transportation
Tribal Construction Services
Capital Improvement Plan Management
Cultural Preservation and Museum Management
Agricultural Resource Management
Land, Natural, Fish & Wildlife Resources Management
Water, Air Quality, and Mineral Resource Management
Water, Sewer, and Solid Waste Management
Risk Management and Geospatial
Environmental Services
Federal Roads

DEPARTMENT OF COMMERCE
Office of the Secretary of the Nation and Commerce
1.
Uniform Commercial Code Management
DEPARTMENT OF HOUSING
Office of the Secretary of Housing
1.
Accounting
2.
Admissions
3.
Housing Construction Services
4.
Development/Acquisition
5.
Force Account
6.
Housing Management
7.
Elderly Housing
8.
Housing Programs
9.
Housing Services
10.
Contract Services and Procurement
11.
SIPS Plant

J.

MVSKOKE MEDIA

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NCA 12-1 74
1.
2.
K.

INDEPENDENT STATUTORY EXECUTIVE AGENCIES
1.
2.
3.
4.
5.
6.
7.
8.

L.

Public Relations
Communications

Lighthorse Administration
Office of Tax Commission
Office of Public Gaming
Gaming Operations Authority Board
Tribal Trade and Commerce Authority
Muscogee (Creek) Nation Business Enterprise
Creek Nation Foundation
Office of Veterans Affairs

INDEPENDENT CONSTITUTIONAL. EXECUTIVE AGENCIES
1.
2.
3.

Citizenship Board
Election Board
College of the Muscogee Nation Board of Regents

§ 1-103. Removal
The Principal Chief shall have the power to remove the Tribal Administrator and
Secretary of any Executive Department appointed by him, in case of incompetency,
neglect of duty, or malfeasance in office; and may then fill the same as provided through
the nomination and confirmation process. Removal by the Principal Chief of the Tribal
Administrator and Secretary of any Department shall be governed under this Chapter
and MCNCA Title 31 provisions shall not apply. Removal by the Citizens shall be in
accordance with the Constitution, and removal (impeachment) by the National Council
shall be in accordance with Title 31.
SECTION FOUR. Any provision within the Muscogee (Creek) Nation Code Annotated
there appears the term “Director of Health,” the same shall be construed to mean, and
apply to the newly created office of “Secretary of Health.”
Any provision within the Muscogee (Creek) Nation Code Annotated there appears the
term “Director of Human Development,” andlor the term “Director of Community
Services,” the same shall be construed to mean, and apply to the newly created office
of “Secretary of the Department of Community and Human Services,” except as such
Directors’ authority applied to the Johnson O’Malley program, the Eufaula Dormitory,
Employment and Training Services, Adult Education, Higher Education, Headstart, and
or the Mvskoke Revitalization Language Program in which case the same shall be
construed to mean, and apply to the newly created office of “Secretary of the
Department of Education, Employment and Training.”

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NCA 12-174
Any provision within the Muscogee (Creek) Nation Code Annotated there appears the
term ‘Tribal Affairs Director,” the same shall be construed to mean, and apply to the
newly created office of “Secretary of Interior Affairs.”
Any provision within the Muscogee (Creek) Nation Code Annotated there appears the
term “Director of Housing,” the same shall be construed to mean, and apply to the newly
created office of “Secretary of Housing.”
Any provision within the Muscogee (Creek) Nation Code Annotated there appears the
term “Controller,” the same shall be construed to mean, and apply to the newly created
office of “Controller and Secretary of the Treasury.”
SECTION FIVE. The current Director of Human Development shall be renamed the
Secretary of Education, Employment and Training and shall not have to be re
confirmed. The current Director of Tribal Affairs shall be renamed the Secretary of
Interior Affairs and shall not have to be re-confirmed. The current Director of
Community Services shall be re-named the Secretary of Community and Human
Services and shall not have to be re-confirmed. The current Controller shall be re
named the Controller and Secretary of the Treasury and shall not have to be re
confirmed.
SECTION SIX. EFFECTIVE DATE. This Act shall become effective immediately upon
proper approval and execution in accordance with the requirements of the Muscogee
(Creek) Nation Constitution.
ENACTED by the Muscogee (Creek) National Council on this ~ day of September,
2012.
IN WITNESS WHEREOF, the Speaker of the Muscogee (Creek) National Council has
hereto attached his signature.

Samuel S. Alexander, Speaker
National Council
Muscogee (Creek) Nation

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NCA 12-1 74
CERTIFICATION

I, the undersigned, certify that the foregoing is a true extract from the minutes of the
Muscogee (Creek) National Council comprised of Eighteen members with Sixteen
members attending this meeting on the ~ day of September, 2012 and that the
above is in conformity with the provisions therein adopted by a vote of ~ in favor, 0
against, and that said Law has not been rescinded or amended in any way and the
above is the signature of the Speaker of the National Council.

4. ~~wi

Kris ie A. Sewell, Recording Secretary
Muscogee (Creek) National Council
APPROVAL

I, the Principal Chief of the Muscogee (Creek) Nation, hereby affix my signature on this
‘/“~ day of Oe~,%br~.,2012 to the above Law, NCA 12-174 authorizing it to
become a Law under Article VI., Section VI., of the Constitution of the Muscogee
(Creek) Nation.
,

George4iger, P~rincipal Chief
Muscogee (Creek) Nation

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Amuscogee_creek_nation%3A4219a833f9ecc7c3. Public record. Not legal advice.