CLASSIFICATION: #49. MVSKOKE MEDIA

NCA 15-218

CLASSIFICATION: #49. MVSKOKE MEDIA

A LAW OF THE MUSCOGEE (CREEK) NATION GREATING A NEW TITLE 49,

ENTITLED “MVSKOKE MEDIA” AND NEW LAW TO ESTABLISH AN

INDEPENDENT MEDIA AND TO PROVIDE PROTECTIONS FOR THE

INDEPENDENT MEDIA AND EDITORIAL BOARD IN TITLE 49 AND AMENDING

MCNCA TITLE 16, § 1-102 J., ENTITLED “Mvskoke Media” AND K., ENTITLED

“independent Statutory Executive Agencies” AND MCNCA TITLE 37 § 2-204,

ENTITLED “Communications Department Revolving Account” AND REPEALING

MCNCA TITLE 16 CHAPTER 5, SUBCHAPTER 1, ENTITLED “Communication

Services”

Be It enacted by the National Council of the Muscogee (Creek) Nation:

SECTION ONE. FINDINGS. The National Council finds that:

A. All Muscogee (Creek) citizens should be allowed to have access to

information regarding Muscogee (Creek) Nation activities and news.

B. There is a need to create an independent media of the Nation to have

news and activities reported objectively without interference or bias.

C. The Natfon’s media should be overseen by an Editorial Board and the

Board and media shall have protections permitting them fo report news and activities

without interference or bias.

SECTION TWO. NEW TITLE AND LAW. The following new law shall be codified in

Title 49 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

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 comection of minor clerical or

grammatical errors in the following new law:

‘TITLE 49. MVSKOKE MEDIA

CHAPTER 1. MVSKOKE MEDIA

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NCA 15-218

§ 1-101. Mvskoke Media. Mvskoke Media shall consist of the newspaper (Muscogee

Nation News), as well as the television (Native News Today) and radio (Mvskoke Radio)

broadcast outlets and the Graphic Design and Printing and Website Design divisions.

Mvskoke Media will also Include support staff, such as, administrative and IT staff.

§ 1-102. Advertising Policy.

A. Mvskoke Media is authorized to accept commercial display advertising

from chartered communities of the tribe, individual businesses owned by enrolled tribal

citizens and other businesses that wish to direct advertising to the outlet’s readers,

viewers and listeners.

B. | Mvskoke Media is authorized to accept political advertising that conforms

to. policy and procedure outlined by the Editorial Board.

CHAPTER 2. INDEPENDENT MEDIA ACT

§ 2-101. Establishment. This Act is hereby established as the Independent Media Act

of the Muscogee (Creek) Nation.

§ 2-102. Policy. All news reported by Mvskoke Media shall be independent without

undue influence of any political interest or interference.

CHAPTER 3. EDITORIAL BOARD AND MVSKOKE MEDIA MANAGER

§ 3-101. Editorial Board.

The Editorial Board shall consist of three (3) members, of which at least two (2)

members shall be enrolled Muscogee (Creek) citizens.

A. —_ One (1) member of the Board shall be selected by the Principal Chief and

One (1) member to be selected by the National Council. The third member of the Board

shalt be selected by Mvskoke Media. Each appointment shail require confirmation by

Tribal Resolution of the National Council.

B. The term of the board members shall be three (3) years and shall have no

holdover. The board members’ terms shall be staggered to guarantee Board continuity.

Cc. One member shall serve as Chainman, one member to serve as Vice-

Chairman and one member to serve as Secretary. Said officers shall be designated by

Tribal Council at the time of confirmation by the Council.

D. The following are requirements to be eligible to serve on the Board:

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NCA 15-218

1. be at least 25 years of age;

2. one board member must have background in Tribal Law;

3. two board members must have experience in the journalism field,

either as managerient, operations, editorial staff or reporting

experience or one board member must have experience in the

journalism field and one board member with graphic design and

printing experience;

4. one board member must have a bachelor's degree or higher in

joumalism or related fieid;

5. be of good character and have a reputation of integrity;

6. be physically able to carry out the duties of office; and

7. certify tte or she will adhere to the standards of accepted ethics of

journalism as defined by the Society of Professional Joumalists and

endorsed by the Native American Journalists Association.

E. Board Members shall serve their terms of office free from political

Influence from any governmental branch of the Muscogee (Creek) Nation or any

department or entity of the Muscogee (Creek) Nation and may only be removed for

cause subject to Title 31.

F. The board members shall be provided a monthly stipend to be paid after

the first meeting of each month. The stipend for board members shall be $350.00

monthly. The board members shall be provided for reimbursement of reasonable

expenses In regard to their duties.

G. No member of the board shall, directly or indirectly, solicit, receive or in

any manner be concemed-In soliciting or receiving any assessment, subscription or

contribution for any political organization, candidacy or other political purpose. The

board members shail not participate in any political campaign or be involved in any tribal

political activity, except to exercise his or her right as a citizen to express his or her

individual opinion and cast his or her right to vote. Nothing herein shall prevent political

organizations or candidates from purchasing advertisements in any medium operated

by Mvskoke Media.

H. Aboard member cannot work for the executive or legislative branches, or

Mvyskoke Media.

I. The deadline to have the Editorial Board in place shall be January 1,

2016.

§ 3-102. Powers and Duties.

The Editorial Board shall have the following powers and duties:

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NGA 15-218

A. To establish and enforce an editorial policy that will be fair and responsible

in the reporting of general news, current events and issue of Muscogee (Creek) Nation

concern, including activities of the community, language, culture, history and other

subjects which will inform the Muscogee (Creek) citizens about their goverment, tribe

and culture.

B. To ensure the operational. structure is sound and that the duties and

obligations required of the Editorial Board are fulfilled.

C. To review departmental policies to ensure faimess and professionalism in

all department practices.

D. To hold public periodic meetings In order to conduct official department

business and policy review.

§ 3-103. Mvskoke Media Manager.

A. The Mvskoke Media Manager shall be appointed by the Editorial Board to

oversee the operations of-the newspaper, television, radio, website, graphics and

printing staff.

B. The Mvskoke Media Manger shall:

1. be solely responsible for existing staff and hire qualified staff in

accordance with the Editorial Board policy; and

2. be responsible for management functions, including but not limited

to, financial responsibilities and daily functions of Mvskoke Media.

C. The Mvskoke Media Manager must:

1. be at least 25 years-of age;

2. have a bachelor’s degree in journalism or a related field from a

college or university, or an appropriate combination of education

and experience;

be of good character and have a reputation of integrity;

be physically able to carry out the duties of office;

certify he or she will adhere to the standards of accepted ethics of

journalism as defined by the Society of Professional Journalists and

endorsed by the Native American Journalists Association;

6. have experience necessary for the successful operation of the

publications, televisian and radio subsidiaries; and

7. be a Muscogee (Creek) citizen.

ia ad

C. lf a vacancy should occur, the Editoriat Board shall appoint a new

Mvskoke Media Manager. The enactment of this law shall not create a vacancy with the

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NCA 145-218

current Mvskoke Media Manager.

D. The Mvskoke Media Manager shall serve until removed by the Editorial

Board or until the Mvskoke Media Manager resigns the position in writing to the Editorial

Board.

E. The Mvskoke Media Manager shall serve his or her term of office free

from political influence from any branch or entity of the government of the Muscogee

(Creek) Nation and may be removed only for cause.

F. The Mvskoke Media Manager and staff shall not, directly or indirectly,

solicit, receive or in any manner be concemed In soliciting or receiving any

assessment, subscription or any contribution for any political organization, candidacy or

other political purpose. The Mvskoke Media Manager shall not participate in any

political campaign or be involved in any tribal political activity, except to exercise his or

her right as a citizen to express his or her individual opinion and cast his or her right to

vate.

G. Equipment. All equipment currently used by. Mvskoke Media staff

{Muscogee Nation News, Native-News Today and Mvskoke Radio) shall bs retained by

Mvskoke Media.

H. Access. All reporters, radio and video crews are allowed access to tribal

complex and Muscogee (Creek) Nation facilities.

I. Creative Rights. Mvskoke Media shall retain the rights to previously

produced media, including but not limited to, written, visual or audio creations and

interviews.

” CHAPTER 4. SHIELD ACT

§ 4101. Establishment The Shield Act is hereby established to affirm the

independence of a free media in the Muscogee (Creek) Nation by providing protection

of journalistic sources and Information from disclosure In any Muscogee (Creek) Nation

proceeding. .

Definitions.

A. — “Information” Includes any written, oral or pictorial news or any digital or

tangible record.

B. “Journalist” means any person who is a reporter, photographer, editor,

commentator, journalist, correspondent, announcer, videographer, or other individual

regularly engaged in obtaining, writing, reviewing, editing, or otherwise preparing news

for any newspaper, periodical, press association, newspaper syndicate, wire service,

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NCA 15-218

website, radio or television station, or other news service. Any individual employed by

any such news service in the performance of any of the above-mentioned activities shail

be deemed to be regularly engaged in such activities.

C. “Medium of communication” includes any newspaper, other periodical,

book, pamphiet, website, podcast, news service, wire service, news or feature

syndicate, broadcast station or network, cable television system, video, live stream, or

other record.

D. “Muscogee (Creek) Nation proceeding” includes any proceeding or

investigation before or by any judicial, legislative, executive or administrative body

within the Muscogee (Creek) Nation.

E, “Processing” includes compiling, storing and editing of information.

F. “Pubiished information” means any information disseminated to the public

by the person from whom disclosure is sought.

A. “Unpublished Information” Includes information not disseminated to the

public by the person from whom disclosure is sought, whether or not related information

has been disseminated, and includes, but is not limited to, all notes, outtakes,

photographs, video clips or-other data of any type not itself disseminated to the public

through a medium of communication, whether or not published information based upon

or related to such material has been disseminated.

§ 4-102. Joumalistic Protections.

A. No Journalist shall be required to disclose in a Muscogee (Creek) Nation

proceeding either: .

1. The source of any published or unpublished information obtained in

the gathering, receiving or processing of information for any

medium of communication to the public; or

2. Any unpublished information obtained or prepared in gathering,

receiving or processing of information for any medium of

communication to the public; unless the court finds that the party

seeking the information or identity has established by clear and

convincing evidence that such information or identity is relevant to a

Bignificant issue in the action and could not with due diligence be

obtained by altemate means.

B. This section does not apply with respect to the content or source of

allegedly defamatory information, in a civil action for defamation wherein the defendant

asserts a defense based on the content or source of such information.

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NCA 15-218

SECTION THREE. AMENDMENT. These amendments shall be codified in Title 16 of

the Code of Laws of the Muscogee (Creek) Nation; provided that for purposes of

codification of said amendment and its inclusion in pocket parts of 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 consistent with the format in the Code of Laws published

in 2010 by West Publishing Company; (2) to include footnoted references to the

legistative history In sald peeket 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

amendment, without further National Council approval:

§ 1-102

J. MVSKOKE-MEDIAPUBLIC RELATIONS

4, Public Relations

2 ‘eati

K. INDEPENDENT STATUTORY EXECUTIVE AGENCIES

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

Mvskoke Media

MONAMAPONS=

d. Graphic Design and Printing

e. Website Design

SECTION FOUR. AMENDMENT. This amendment shall be codified in Title 37,

Chapter 2, of the Code of Laws of the Muscogee (Creek) Nation; provided that for

purposes of codification of said amendment and its inclusion in pocket parts of 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 consistent with the format in 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 amendment, without further National Council approval:

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NCA 15-218

§ 2-204. Communications Mvskoke Media Department Revolving Account

A revolving account for the GermrmunicationsMvskoke Media Department shall be

este bene’ for ail income eamed through advertising to be deposited into the

smmunications 9) edia Department operating budget. This revolving account

Is to also be used for funds the department receives for photo services and sales,

video productions and sales, desktop publishing requests, Muscogee Nation News

subscriptions and any other funds accrued by the Department. This provision is

retroactive and all funds, including interest, shall be retumed to the

GommunicationsNivekoke Media Department operating budget.

SECTION FIVE. REPEALER. MCNCA TITLE 16, CHAPTER 5, SUBCHAPTER 1.

Communication Services is hereby repealed.

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 26" day of September,

IN WITNESS WHEREOF, the Speaker of the me (Creek) National Council has

hereto attached his signature. J

Thomas Yahola, OZLY;

National Council

Muscogee (Creek) Nation

CERTIFICATION

|, the undersigned, certify that the foregoing is a true extract from the minutes of the

Muscogee (Creek) National Council comprised of Sixtean members with Fifteen

members attending this méeting on the 26" day of September, 2016 and that the

above is in conformity with the provisions therein. adopted by a vote of 14 in favor, 9

against, and that sak! Law has not been rescinded or amended In any way and the

above is the signature of the Speaker of the National Council.

G e Gd ing Secretary

Muscogee (Creek) National Council

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NCA 15-218

APPROVAL

|, the Principat Chief of the Muscogee (Creek) Nation, hereby affix my signature on this

#4 day of Oa - _, 2015 to the above Law, NCA 15-218 authorizing it to

become a Law under Article VI., Section VI., of the Constitution of the Muscogee

(Creek) Nation.

Aa 72,

George Tiger, “inca!

Muscogee (Creek) Nation