1. GREAT SEAL AND OFFICIAL FLAG. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 1–101
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TITLE 37.
TRIBAL GOVERNMENT
ETVLWV ENRAKRAKV
Chapter
Section
1. GREAT SEAL AND OFFICIAL FLAG. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 1–101
2. BUDGET AND FINANCE. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 2–101
3. EMPLOYEES. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 3–101
4. CONFLICT OF INTEREST.TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–101
5. OPEN MEETINGS. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 5–101
6. POLITICAL PRESSURE. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 6–101
7. DONATIONS. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 7–101
8. RIGHT TO WORK.TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 8–101
CHAPTER 1.
GREAT SEAL AND OFFICIAL FLAG
Section
1–101. Official Muscogee (Creek) Nation flag and Great Seal design.
1–102. Manufacture and sale of flag.
1–103. Registering Nation’s seal as servicemark.
§ 1–101. Official Muscogee (Creek) Nation flag and Great Seal design
The flag of the Muscogee (Creek) Nation shall include the Great Seal of the
Nation set upon a white background of the flag. As graphically depicted in the
Constitution, the seal illustrates a sheaf of wheat and a plow in the center of
device surrounded by the words ‘‘Great Seal of the Muscogee Nation, I.T.’’
(Indian Territory)
[NCA 95–114, § 103, approved Dec. 29, 1995.]
Cross References
Official seal, see Const. Art. I, § 3.
Unauthorized use of the Great Seal of the Muscogee (Creek) Nation, see Title 14, § 2–504.
§ 1–102. Manufacture and sale of flag
The Mound Building Oversight Committee is hereby authorized to order the
manufacture of and sale of the Tribal flag depicting the Seal of the Muscogee
(Creek) Nation as well as other traditional flags. The Mound Building Oversight Committee shall establish a wholesale and retail price for flags. Muscogee (Creek) Nation citizens may purchase flags from the Mound Building
Oversight Committee at cost.
[NCA 95–114, § 104, approved Dec. 29, 1995; amended by NCA 98–08, § 103, approved
Feb. 6, 1998; amended by NCA 05–013, § 2, eff. Feb. 9, 2005, NCA 05–178, § 1, eff.
Sept. 2, 2005.]
Historical and Statutory Notes
Title 37 § 2–112 was initially repealed by
NCA 03–201, § 7, veto overridden Dec. 23,
2003. NCA 04–118 was subsequently passed
repealing NCA 03–201 and repealing Title 37
§ 2–112. The School Clothing Program was
recodified in Title 35, Chapter 6.
117
Title 37, § 1–102
TRIBAL GOVERNMENT
Cross References
Enterprise Fund Flag Account, see Title 37, § 2–209.
Library References
Indians O210, 216.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 1–103. Registering Nation’s seal as servicemark
The Principal Chief or his designee is hereby authorized to make application
and complete any other necessary documents in order to register the Nation’s
Seal with the United States Patent and Trademark Office as a servicemark.
[NCA 95–114, § 105, added by NCA 98–08, § 104, approved Feb. 6, 1998.]
Cross References
Official seal, see Const. Art. I, § 3.
Unauthorized use of the Great Seal of the Muscogee (Creek) Nation, see Title 14, § 2–504.
Library References
Indians O211, 216.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57, 59, 63, 65 to 72, 182.
118
CHAPTER 2.
BUDGET AND FINANCE
Subchapter
1. Required Annual Budget Items
2. Funds and Accounts
3. Advancement of Funds by Bureau of Indian Affairs
4. Tribal Judgment Funds
5. Applications for Financial Assistance
6. Audit Law
7. Controller
8. Office of Internal Audit and Compliance
Cross References
Special appropriations guidelines, see Title 35, § 9–101 et seq.
SUBCHAPTER 1.
REQUIRED ANNUAL BUDGET ITEMS
Section
2–101. Office of the Attorney General.
2–102. Law Enforcement Department.
2–103. Fire protection.
2–104. Medical Travel Fund.
2–105. Litigation and lobbying to protect Tribal sovereignty.
2–106. Physical Plant Maintenance and Capital Improvements Program.
2–107. National Congress of American Indians; dues.
2–108. Drug-free workplace.
2–109. Green Corn Ceremonial Assistance.
2–110. Repealed.
2–111. Employee Protection Commission; Recording Secretary compensation.
2–112. Repealed.
2–113. Rural volunteer fire department assistance.
2–114. Natural disaster assistance.
2–115. Eufaula Boarding School Board of Education.
2–116. Tribal Emergency Home Improvement Program.
2–117. Medical Assistance Program.
2–118. Comprehensive Assistance Grant Program for Churches and Ceremonial
Grounds.
2–119. Mvskoke (Creek) Nation Pageant and Royalty.
2–120. Senior Services Department.
2–121. Grave preparation expenses.
2–122. Tribal Energy Assistance Program.
2–123. Este Cate Veterans (MVSKOKE Nation) Honor Guard.
2–124. Muscogee Nation War Memorial; replacement of flags.
2–125. Day of Prayer.
2–126. National Council Speaker; compensation.
2–127. Tribal Construction Engineer.
2–128. Office of National Council Speaker; technical equipment/software maintenance.
2–129. Murrow Indian Children’s Home.
2–130. Special Academic/Extra-Curricular Program.
2–131. Tribal Funds Grant and Tribal Incentive Grant Program.
2–132. Post-Graduate Program.
2–133. Burial assistance.
2–134. Original Allottees Client Services.
2–135. Muscogee (Creek) Nation Legal Services Clinic.
2–136. Incarceration of prisoners in county facilities.
119
Title 37, § 2–101
TRIBAL GOVERNMENT
Section
2–137. College of the Muscogee (Creek) Nation.
§ 2–101. Office of the Attorney General
A. The Attorney General shall prepare a timely budget request and recommendation be submitted to the Principal Chief, who shall in turn complete a
budget review, identify appropriate funding resources, make necessary modifications, and submit an appropriations bill to the National Council for their
review, modification and/or approval.
B. The appropriations bill shall include a detailed line item budget utilizing
the following format:
OFFICE OF THE ATTORNEY GENERAL
FYA.
Use of Funds
1.
Personnel
2.
Fringe Benefits
3.
Travel
4.
Equipment
5.
Supplies
6.
Contractual
7.
Construction
8.
Other
9.
Total Direct Cost
10.
Indirect Cost
11. Total Costs
B. Source of Funds
1.
2.
C.
Source
Amount
Beginning and Ending Fiscal Year
[NCA 89–19, § 108, veto overridden Feb. 25, 1989.]
Cross References
Attorney General’s Revolving Fund, see Title 37, § 2–202.
Office of the Attorney General, see Title 16, § 3–101 et seq.
Library References
Attorney General O6.
Indians O210, 216.
Westlaw Topic Nos. 46, 209.
C.J.S. Attorney General §§ 26 to 78.
C.J.S. Indians §§ 57 to 59, 66 to 72.
C.J.S. Parent and Child § 251.
§ 2–102. Law Enforcement Department
Within ninety (90) days of the beginning of the fiscal year, the Lighthorse
Chief shall prepare a budget request and recommendation to be submitted to
120
Title 37, § 2–103
BUDGET AND FINANCE
the Principal Chief who shall in turn complete a budget review, identify
appropriate funding resources, make necessary modifications and submit an
‘‘Appropriation Bill’’ to the National Council for their review, modification, and
approval.
The appropriation bill shall include a detailed line item budget utilizing the
following format:
Law Enforcement Department Budget
FY—
A.
Use of Funds:
1.
Personnel
2.
Fringe Benefits
3.
Travel
4.
Equipment
5.
Supplies
6.
Contractual
7.
Construction
8.
Other
9.
Total Direct Costs
10.
Indirect Cost
11. Total Cost
B. Source of Funds
1.
2.
C.
Source
Amount
Beginning and Ending Fiscal Year
[NCA 89–148, § 105, veto overridden Dec. 30, 1989.]
Cross References
Law Enforcement Department, see Title 16, § 4–101 et seq.
Library References
Indians O216.
Westlaw Topic No. 209.
C.J.S. Indians § 59.
§ 2–103. Fire protection
The Office of the Controller shall establish a line item budget for ‘‘FIRE
PROTECTION FOR THE MUSCOGEE NATION’’ and this shall be reflected in
the annual comprehensive budget.
[NCA 92–44, § 103, approved April 1, 1992.]
Cross References
Fire protection agreements or compacts, see Title 22, § 3–101.
121
Title 37, § 2–103
TRIBAL GOVERNMENT
Library References
Indians O210.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 2–104. Medical Travel Fund
A. The National Council hereby appropriates ten thousand dollars ($10,000)
each fiscal year from the General Taxes and Licenses Account. Said appropriation shall be incorporated into each fiscal budget as a permanent appropriation.
B.
Any unexpended funds will revert back to the General Fund.
[NCA 92–74, § 103, approved May 27, 1992; amended by NCA 95–38, §§ 101, 102,
approved Sept. 5, 1995.]
Cross References
Medical Travel Fund, see Title 35, §§ 3–101, 3–102.
§ 2–105. Litigation and lobbying to protect Tribal sovereignty
The Principal Chief shall prepare a budget for the use of funds to be
expended from the Litigation and Lobbying Fund Account. In the event, the
Principal Chief declares an emergency and needs funding to respond to state or
federal action, no appropriation is hereby authorized from this account without
approval from the National Council, for the protection of Tribal sovereignty.
[NCA 92–90, § 105, approved June 3, 1992; amended by NCA 95–10, § 103, approved
Feb. 1, 1995.]
Cross References
Litigation and Lobbying Fund Account, see Title 37, § 2–206.
Library References
Indians O210, 216.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 2–106. Physical Plant Maintenance and Capital Improvements Program
A supplemental appropriation on an annual basis is hereby granted in the
amount equal to the sinking fund for implementing the Annual Physical Plant
Maintenance and Capital Improvements Program. The supplemental appropriation will be made based on a detailed budget submitted by the Office of the
Administration, GSA/Facilities and shall be presented to the National Council
for approval.
[NCA 92–109, § 104, approved July 27, 1992; amended by NCA 97–30, § 104, eff. March
31, 1997.]
Cross References
Maintenance and capital improvements sinking fund, see Title 37, § 2–207.
Physical plant maintenance and capital improvement policy, see Title 28, § 5–101.
122
Title 37, § 2–109
BUDGET AND FINANCE
Library References
Indians O210.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 2–107. National Congress of American Indians; dues
The Comprehensive Budget, Office of the Principal Chief, shall contain a one
thousand dollars ($1,000) annual appropriation from Tribal funds for NCAI
dues until otherwise provided by law.
[NCA 92–144, § 103, approved Nov. 25, 1992.]
Cross References
National Congress of American Indians, delegate and alternate delegates, see Title 25, § 3–101.
Library References
Indians O210.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 2–108. Drug-free workplace
The National Council hereby authorizes the Principal Chief to include an
appropriate amount in the comprehensive budget to carry out the purposes of
Title 37, § 3–801 et seq.
[NCA 93–107, § 114, approved July 12, 1993.]
Library References
Indians O210.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 2–109. Green Corn Ceremonial Assistance
The annual appropriation for the Green Corn Ceremonial Assistance shall be
established by the enactment of NCA 02–082 at twenty-four thousand dollars
($24,000.00) beginning with the FY 2003 Comprehensive Annual Budget and
annually thereafter.
[NCA 02–082, § 3, approved May 30, 2002.]
Historical and Statutory Notes
Derivation:
NCA 94–16, § 105.
Cross References
Green Corn Ceremonial Assistance, see Title 5, § 2–201 et seq.
Library References
Indians O210.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
123
TRIBAL GOVERNMENT
Title 37, § 2–110
Repealed
§ 2–110. Repealed by NCA 09–021, § 2, approved Jan. 31, 2009
Historical and Statutory Notes
The repealed section, which related to the
establishment and financing of the Travel Plaza,
was derived from:
NCA 95–105, § 105.
NCA 97–84, § 103,
NCA 01–140, § 1–104.
§ 2–111. Employee Protection Commission; Recording Secretary Compensation
An appropriation of one thousand five hundred dollars ($1,500) shall be
included in the 1995 annual comprehensive budget and each year hereafter for
the compensation of the Recording Secretary of the Employee Protection
Commission.
[NCA 95–07, § 115, added by NCA 95–131, § 103, approved Oct. 31, 1995.]
Cross References
Employee Protection Commission, Recording Secretary, see Title 37, § 3–513.
Library References
Indians O210.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 2–112. Repealed by NCA 04–118, § 8, approved June 30, 2004
§ 2–113. Rural volunteer fire department assistance
The Principal Chief is hereby authorized to expend forty thousand dollars
($40,000.00) annually. Such appropriation shall be granted annually based
upon the budget submitted by the Division of Tribal Affairs. No more than
twenty thousand dollars ($20,000.00) is to be used annually for new construction. No more that twenty thousand dollars ($20,000.00) is to be used annually
for fire fighting equipment. Funds for Title 22, § 3–201 et seq. shall begin being
appropriated with the FY 97 comprehensive budget. Any unexpended funds at
the end of the fiscal year will be returned to the Tribal Treasury.
[NCA 96–66, § 105, approved Sept. 4, 1996; amended by NCA 00–115, § 103, approved
Aug. 3, 2000.]
Cross References
Rural volunteer fire departments, see Title 22, § 3–201 et seq.
Library References
Indians O210.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 2–114. Natural disaster assistance
The Natural Disaster Act shall become a part of the Comprehensive Annual
Budget and receive an annual appropriation of twenty-five thousand dollars
124
Title 37, § 2–117
BUDGET AND FINANCE
($25,000). Any funds unexpended at the end of the fiscal year shall be returned
to the Treasury.
[NCA 96–68, § 103, approved Aug. 9, 1996; amended by NCA 98–81, § 103, approved
Sept. 3, 1998, repealed by NCA 99–65, § 104, approved May 26, 1999; NCA 99–65,
§§ 103, 105, approved May 26, 1999.]
Cross References
Natural disaster assistance, see Title 35, § 7–101.
Library References
Indians O210.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 2–115. Eufaula Boarding School Board of Education
The Eufaula Boarding School Board of Education shall receive an annual
appropriation of ten thousand dollars ($10,000). All funds in excess of ten
thousand dollars ($10,000) shall be returned to the appropriate Tribal account.
[NCA 96–75, § 105, approved Sept. 17, 1996; amended by NCA 98–100, § 103, approved Oct. 5, 1998.]
Cross References
Eufala Boarding School, see Title 18, § 3–101 et seq.
Library References
Indians O210.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 2–116. Tribal Emergency Home Improvement Program
The Principal Chief is hereby authorized to expend one hundred thirty-one
thousand, six hundred eighty-nine dollars ($131,689.00) from the interest on
the Permanent Fund Account for the implementation of the Tribal Emergency
Home Improvement Program. Funds which carry forward shall be deducted
from the annual appropriation.
[NCA 96–105, § 104, approved Dec. 27, 1996.]
Cross References
Tribal Emergency Home Improvement Program, see Title 24, § 4–101.
Library References
Indians O210.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 2–117. Medical Assistance Program
The National Council hereby authorizes an appropriation to be reflected in
the Comprehensive Annual Budget entitled ‘‘Medical Assistance Act’’ in the
amount of seventy-three thousand dollars ($73,000.00). Of that amount, fifteen
percent (15%) shall be budgeted for administrative cost to operate the program.
125
Title 37, § 2–117
TRIBAL GOVERNMENT
Administrative cost shall be defined as the cost associated with operating the
program such as, but not limited to, personnel, fringe, supplies, printing, etc.
[NCA 97–05, § 105, approved May 8, 1997; amended by NCA 00–118, § 104, approved
Aug. 3, 2000, repealed by NCA 00–130, § 104, approved Sept. 1, 2000; NCA 00–130,
§ 103, approved Sept. 1, 2000.]
Cross References
Medical Assistance Program, see Title 22, § 5–101 et seq.
Library References
Indians O210.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 2–118. Comprehensive Assistance Grant Program for Churches and Ceremonial Grounds
The Principal Chief is hereby authorized to place one thousand dollars
($1,000,000) in the Creek Nation’s FY 2008 Comprehensive Annual Budget, and
annually thereafter, to finance the Comprehensive Assistance Grant Program
for Muscogee (Creek) Nation Traditional Churches and Ceremonial Grounds.
Any unexpended funds at the end of each Fiscal Year shall be returned to the
Tribal Treasury.
[NCA 97–07, § 103, approved Jan. 28, 1997; amended by NCA 98–19, § 103, approved
March 6, 1998; NCA 01–160, § 1, approved Sept. 7, 2001; amended by NCA 07–203,
§ 5, eff. Jan. 2, 2008.]
Cross References
Churches and Ceremonial Grounds Grant Program, see Title 5, § 2–101 et seq.
Library References
Indians O210.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 2–119. Mvskoke (Creek) Nation Pageant and Royalty
An annual appropriation of twenty-eight thousand dollars ($28,000.00), combined with eleven percent (11%) indirect cost of three thousand eighty dollars
($3,080.00), for a total of thirty-one thousand eighty dollars ($31,080.00) shall
be included in the Comprehensive Annual Budget for expenses associated with
the Mvskoke (Creek) Nation Pageant and Royalty activities and any remaining
funds shall be returned to the appropriate treasury account. Said funds will be
administered in accordance with a budget prepared by the Pageant Committee.
All Tribal funds unexpended at the end of each fiscal year shall be returned to
the Tribal Treasury and be available for future appropriation by the National
Council.
[NCA 98–91, § 103, approved Oct. 5, 1998; amended by NCA 07–195, § 1, eff. Aug. 6,
2007.]
126
Title 37, § 2–122
BUDGET AND FINANCE
Library References
Indians O210.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 2–120. Senior Services Department
The National Council hereby appropriates one hundred six thousand, two
hundred seventy-five dollars ($106,275.00) and authorizes the Principal Chief to
expend these funds for the Office of the Senior Services Department Manager
in accordance with the revised budget to be included in the Comprehensive
Annual Budget, beginning in the FY 2001 Comprehensive Annual Budget and
thereafter.
[NCA 99–09, § 104, approved Feb. 3, 1999; amended by NCA 01–74, § 1, approved July
10, 2001.]
Cross References
Senior Services Department, see Title 20, § 1–101 et seq.
Library References
Indians O210.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 2–121. Grave preparation expenses
With the approval of a budget and program guidelines by the Tribal Affairs
Committee, the National Council hereby authorizes the Principal Chief to
expend ten thousand dollars ($10,000.00) for expenses related to the preparation of graves for Tribal citizens. This appropriation shall be included annually
in the Comprehensive Annual Budget beginning in FY 2001 and thereafter.
[NCA 99–29, § 104, approved Aug. 3, 1999; amended by NCA 00–113, § 104, approved
Aug. 3, 1999.]
Cross References
Preparation of graves, see Title 4, § 1–102.
Library References
Indians O210.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 2–122. Tribal Energy Assistance Program
The Principal Chief is hereby authorized to include the sum of fifty thousand
dollars ($50,000) annually in the Comprehensive Annual Budget beginning in
FY–2000 from a funding source to be identified by the Controller (contingent on
the availability of funds).
[NCA 99–95, § 105, approved Aug. 31, 1999.]
Cross References
Tribal Energy Assistance Program, see Title 35, § 8–101 et seq.
127
Title 37, § 2–122
TRIBAL GOVERNMENT
Library References
Indians O210.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 2–123. Este Cate Veterans (MVSKOKE Nation) Honor Guard
There will be an annual appropriation in the amount of ten thousand dollars
($10,000.00) for the Este Cate Veterans (MVSKOKE Nation) Honor Guard.
[NCA 99–161, § 103, approved Nov. 10, 1999; amended by NCA 00–117, § 103,
approved Aug. 3, 2000.]
Cross References
Official Honor Guard, see Title 15, § 1–101 et seq.
Library References
Indians O210.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 2–124. Muscogee (Creek) Nation War Memorial; replacement of flags
The Comprehensive Budget, Office of the Principal Chief, for FY 2001 and
annually thereafter until otherwise provided by law, shall contain a two
thousand dollars ($2,000) annual appropriation from Tribal funds for the
purchase of the annual replacement of flags for the Muscogee (Creek) Nation
War Memorial.
[NCA 00–43, § 104, approved March 29, 2000.]
Library References
Indians O210.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 2–125. Day of Prayer
The Comprehensive Budget, Office of the Principal Chief, for FY 2001 and
annually thereafter until otherwise provided by law, shall contain a one
thousand dollars ($1,000.00) annual appropriation from Tribal funds for the
funding of the annual Day of Prayer.
[NCA 00–55, § 103, approved March 27, 2000.]
Cross References
Day of Prayer, see Title 5, § 3–101 et seq.
Library References
Indians O210.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 2–126. National Council Speaker; compensation
to
The National Council hereby authorizes an increase in the compensation paid
the Speaker of the National Council with a salary range of
128
Title 37, § 2–129
BUDGET AND FINANCE
$38,646.40—$50,460.80 per year effective FY 2001 and it shall become a part
of the Comprehensive Annual Budget annually thereafter.
[NCA 00–58, § 109, approved June 30, 2000.]
Cross References
National Council compensation, see Title 30, § 4–101.
Speaker compensation, see Title 30, § 5–101.
Library References
Indians O210.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 2–127. Tribal Construction Engineer
The National Council hereby authorizes the Principal Chief to create the
position of Tribal Construction Engineer within the Division of Tribal Affairs
and include the position in the Comprehensive Annual Budget beginning with
the FY 2001 Comprehensive Annual Budget and thereafter.
[NCA 00–69, § 103, approved Aug. 3, 2000.]
Library References
Indians O210.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 2–128. Office of National Council Speaker; technical equipment/software
maintenance
A. The National Council hereby authorizes the Principal Chief to expend/release twenty-seven thousand, two hundred forty-four dollars ($27,244.00) for
the upgrading of technical equipment/software utilized by the Office of the
National Council.
B. The amount of twenty-seven thousand, two hundred forty-four dollars
($27,244.00) contains an annual maintenance cost five thousand three hundred
twenty-nine dollars ($5,329) which shall become a part of the Comprehensive
Annual Budget as an annual appropriation of the Legislative Branch Budget
thereafter until otherwise provided by law.
[NCA 00–80, § 104, approved May 26, 2000.]
Library References
Indians O210.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 2–129. Murrow Indian Children’s Home
The Principal Chief is hereby authorized to expend/release five thousand and
no/100 dollars ($5,000.00) annually to the appropriate officials of the Murrow
Indian Children’s Home. This section shall be an annual appropriation beginning with FY 2001 Comprehensive Annual Budget. Beginning with the FY
2008 Comprehensive Annual Budget, the appropriation shall be increased to
129
Title 37, § 2–129
TRIBAL GOVERNMENT
fifty thousand and no/100 dollars ($50,000.00) and annually thereafter. That
the appropriation include per capita of one hundred twenty-five and no/100
dollars ($125.00) per student for Christmas gifts each year.
[NCA 00–119, § 104, approved Aug. 3, 2000; amended by NCA 04–210, § 2, approved
Nov. 29, 2004; NCA 06–210, § 2, approved Oct. 9, 2006; NCA 07–304,§ 2, veto
overridden Dec. 20, 2007.]
Library References
Indians O132, 210, 340.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72, 150, 152,
154 to 176, 193.
§ 2–130. Special Academic/Extra-Curricular Program
The National Council hereby appropriates and authorizes the Principal Chief
to expend forty-five thousand dollars ($45,000) for the Special Academic/ExtraCurricular Program for FY 2001. This appropriation shall be included annually
in the Comprehensive Annual Budget thereafter, depending on the availability
of funds. Any unexpended funds at the end of the fiscal year shall be returned to
the Tribal Treasury.
[NCA 00–136, § 103, approved Nov. 2, 2000.]
Cross References
Special Academic/Extra-Curricular Program, see Title 18, § 1–201 et seq.
Library References
Indians O210.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 2–131. Tribal Funds Grant and Tribal Incentive Grant Program
The National Council hereby authorizes an appropriation in the amount of
fifty thousand dollars ($50,000.00) to be reflected in the Comprehensive Annual
Budget for the Tribal Funds Grant and Tribal Incentive Grant Program of the
Higher Education Program within the Human Development Division of the
Muscogee (Creek) Nation for financial assistance to all Tribal citizens. These
funds are to be distributed equally to the programs.
[NCA 01–57, § 3, approved Oct. 9, 2001.]
Cross References
Higher education and vocational scholarships and grants, see Title 18, § 2–101 et seq.
Library References
Indians O210.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 2–132. Post-Graduate Program
The sum of one hundred eighty-seven thousand eight hundred twenty-nine
dollars and ($187,829.00) is hereby appropriated for the implementation of
Title 18, § 2–401 et seq. from the Motor Fuel Fund Account. Said funds shall be
130
Title 37, § 2–135
BUDGET AND FINANCE
available for expenditure through September 30, 2002, and thereafter shall
become an annual appropriation to be reflected in the comprehensive annual
budget commencing with Fiscal Year 2003.
[NCA 01–113, § 4, approved July 10, 2001; amended by NCA 01–139, § 4, approved
Aug. 9, 2001; NCA 01–224, § 1, approved Dec. 4, 2001; NCA 01–237, § 1, approved
Dec. 17, 2001.]
Cross References
Post-Graduate Program, see Title 18, § 2–401 et seq.
Library References
Indians O210.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 2–133. Burial assistance
A. The amount of two hundred twenty-five thousand dollars ($225,000.00) is
hereby appropriated from the Bingo Revenue Fund Account for the implementation of Title 4, § 1–101. All unexpended funds appropriated by implementation of this act 1 shall be returned to the Tribal Treasury and be available for
future appropriations by the National Council.
B. This act 1 shall become effective October 1, 2001 and be included in the
Comprehensive Annual Budget Law thereafter.
[NCA 01–158, §§ 3 to 5, eff. Oct. 1, 2001.]
1 NCA 01–158, codified as Title 4, § 1–101 and this section.
Library References
Indians O210.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 2–134. Original Allottees Client Services
The Principal Chief is required to include the amount of ten thousand dollars
($10,000.00) in a line item designated as Original Allottees Client Services
within the Comprehensive Annual Budget beginning with Fiscal Year 2003.
[NCA 97–01, § 103, fourth paragraph, as added by NCA 02–043, § 3, approved April 1,
2002.]
Library References
Indians O210.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 2–135. Muscogee (Creek) Nation Legal Services Clinic
The Muscogee (Creek) Nation Legal Services Clinic budget for the fourth
quarter of FY 2002 is one-fourth (1/4) of the annual budget submitted by the
University of Tulsa Boesche Legal Clinic for the operation of the Muscogee
(Creek) Nation Legal Services Clinic for an entire fiscal year. The appropriation for Fiscal Year 2003 shall be from any funds available for appropriation,
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TRIBAL GOVERNMENT
shall be in the Comprehensive Annual Budget and is to be a line item
appropriation contained in the 2003 Budget of the District Court and annually
thereafter.
[NCA 02–091, § 12, approved May 30, 2002.]
Cross References
Muscogee (Creek) Nation Legal Services Clinic, see Title 35, § 10–101 et seq.
Library References
Indians O210.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 2–136. Incarceration of prisoners in county facilities
An annual appropriation in the amount of fifty thousand dollars ($50,000.00)
shall be reflected in the budget of the Lighthorse Administration specifically to
pay the cost of incarceration of the Nation’s prisoners that are housed in county
facilities. The costs of incarceration may include medical treatment for the
Nation’s prisoners that can not be performed at an IHS facility due to
emergency circumstances and that is not covered by IHS contract health
benefits, the prisoner’s insurance or other health benefits.
[NCA 01–39, § 5, approved April 5, 2001; amended by NCA 02–152, § 1, approved Oct.
30, 2002.]
Cross References
Muscogee (Creek) Nation Legal Services Clinic, see Title 35, § 10–101 et seq.
Library References
Indians O210.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 2–137. College of the Muscogee (Creek) Nation
Beginning with Fiscal Year 2009, the annual appropriation allocated to the
College of the Muscogee (Creek) Nation in the Comprehensive Annual Budget
shall carry forward until fully expended.
[Added by NCA 09–134, § 2, approved Sept. 10, 2009.]
SUBCHAPTER 2.
Section
2–201.
2–202.
2–203.
2–204.
2–205.
2–206.
2–207.
2–208.
FUNDS AND ACCOUNTS
Court Fund.
Attorney General’s Revolving Fund.
Permanent Fund.
Communications Department Revolving Account.
Medical Travel Fund.
Litigation and Lobbying Fund Account.
Maintenance and Capital Improvements Sinking Fund.
Economic Development Fund.
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Title 37, § 2–202
BUDGET AND FINANCE
Section
2–209.
2–210.
2–211.
2–212.
2–213.
2–213A.
2–214.
2–215.
2–216.
2–217.
Flag Account.
Farm Account.
Community Development Program Revolving Account.
Repealed.
Lighthorse Administration Revolving Account.
Lighthorse Federal Forfeiture Revolving Fund.
Election Board Special Depository Account.
Mound Building Oversight Committee and Revolving Fund.
Muscogee (Creek) Nation Museum, Cultural Center and Archives Artifacts,
Memorabilia and Documents Revolving Fund.
Real Property Escrow Fund.
§ 2–201. Court Fund
A. The Court Fund of the Muscogee (Creek) Nation is hereby established.
The Controller shall insure that an adequate proportion of the Court Fund is
available for immediate expenditure. and that the surplus of the Court Fund is
invested in an interest bearing account.
B. The following types of income shall be deposited into the Court Fund
upon their receipt by the District Court or the Supreme Court:
1.
Court costs established by court order.
2.
Fines collected by court order, as provided by law.
3.
Transcript fees.
4.
Payments for legal services.
C. The following types of expenditures shall be allowed from the Court Fund
upon the approval of the District Court Judge or the Chief Justice of the
Supreme Court:
1.
Jury fees (not to exceed ten dollars ($10.00) per day per juror).
2.
Witness fees (not to exceed twenty cents ($.20)) per mile per day).
3. Public Defenders (not to exceed $100.00 (one hundred dollars) per day or
$300.00 (three hundred dollars) per client).
[NCA 81–31, §§ 105 to 107, approved Feb. 2, 1981.]
Cross References
Judicial branch, budget, finance and compensation, see Title 26, § 5–101 et seq.
§ 2–202. Attorney General’s Revolving Fund
There is hereby created in the Tribal Treasury a revolving fund for the
Attorney General, to be designated to the Attorney General’s Revolving Fund.
The Fund shall be a continuing fund, not subject to fiscal year limitations, and
shall consist of all monies received from the sale of copies of surplus bound
volumes and requested individual copies of opinions and such other monies as
are provided for by law. Expenditures from said funds shall be made upon
warrants issued by the Tribal Treasury against claims filed as prescribed by law
with the Director of Finance for approval and payment.
[NCA 89–19, § 104, veto overridden Feb. 25, 1989.]
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Title 37, § 2–202
TRIBAL GOVERNMENT
Cross References
Budget, Office of the Attorney General, see Title 37, § 2–101.
Opinions of Attorney General, sale of surplus bound volumes, see Title 16, § 3–107.
§ 2–203. Permanent Fund
A. The Muscogee (Creek) Nation Permanent Fund. The Permanent Fund
is established to assure the availability of necessary monies to help fund the
Muscogee (Creek) Nation in future years. Twenty percent (20%) of the net
revenues from current Tribal gaming operations which are not restricted or
reserved by subsection C of this section for contingencies or liabilities, shall be
deposited in the Muscogee (Creek) Nation Permanent Fund to be invested in an
interest bearing account in accordance with Title 37, § 2–717, of the Muscogee
(Creek) Nation Code. The principal of the Permanent Fund shall remain intact
forever, subject to the following:
1. The Muscogee (Creek) Nation may borrow funds in the Permanent Fund
when such loan is expressly approved for a specific purpose by Tribal Resolution enacted by the National Council in accordance with subsection E of this
section.
2.
[Repealed by NCA 07–344, § 2, eff. Dec. 26, 2007].
B. Interest on Permanent Fund. The interest on the Permanent Fund shall
be made available for appropriations by the National Council on a quarterly
basis. The Controller shall provide the National Council with quarterly statements no later than the last day of the month following the end of a quarter that
shall include the source and amount of interest earned during the previous
quarter and the total amount of funds available for appropriations.
C. Contingency Reserve Account. The Muscogee (Creek) Nation Contingency Reserve Account is established, and a minimum balance of one million
dollars ($1,000,000) from Tribally owned and managed gaming operations shall
be maintained in said account for potential use in the event that the Nation is
determined to be liable for any fine or judgement related to Tribally owned and
managed gaming operations and the National Council appropriates said funds
for payment of said fines or judgements. During any disputes or litigation with
any contract management firms, or in the event that determination is made by
the Office of Principal Chief or the National Council as to the existence of any
contingency or liability, specifically identified revenues from Tribally owned
and managed gaming operations shall be, upon distribution to the Nation by
the GOAB, placed into the interest bearing Contingency Reserve Account prior
to any allocation to the Permanent Fund, Bingo Revenue Fund, Sinking Fund,
or other allocations as established by any Muscogee (Creek) Nation law, until
such contingency or liability is met or is determined to no longer exist. At such
time, funds shall be removed from restriction, along with all accumulated
interest income and shall be allocated as prescribed by applicable law of the
Muscogee (Creek) Nation.
D. Economic Development and Land Acquisition Fund. There is hereby
created an Economic Development Fund. Appropriations from this fund shall
only be made pursuant to appropriation acts for the following purposes:
purchase of property and any necessary incidental expenses associated with the
134
BUDGET AND FINANCE
Title 37, § 2–203
purchase of the property, including without limitation title opinions, title
insurance, surveys and realtors’ fees, the purchase of economic enterprises, and
start-up costs and other expenses necessary to create and operate economic
enterprises. The funding source for the Economic Development and Land
Acquisition Fund shall be as follows:
1. All funds in the Sinking Fund established by the Travel Plaza Establishment and Financing Act of 1995 as of the effective date of this Act shall be
deposited in the Economic Development and Land Acquisition Fund, provided
that said Sinking Fund shall be eliminated immediately upon said transfer;
2. Ten percent (10%) of net revenues from Tribal gaming operations which
are not restricted or reserved by subsection C of this section shall be deposited
in the Economic Development and Land Acquisition Fund on a monthly basis,
provided that such gaming revenues shall not be available for appropriations
for expenditures in the fiscal year in which such gaming revenues were
generated and deposit of funds shall be retroactive to October 1, 2005;
3. That portion of economic development revenues specified in the Muscogee (Creek) Nation Tribal Trade and Commerce Authority Act, Title 17 § 2–112,
shall be deposited in the Economic Development and Land Acquisition Fund on
an annual basis, provided that such revenues shall not be available for appropriations for expenditures in the fiscal year in which such gaming revenues
were generated.
E. Health Services Fund. Five percent (5%) of net revenues from Tribal
gaming operations which are not restricted or reserved by subsection C of this
section shall be deposited in the Health Services Fund on a monthly basis,
provided that such gaming revenues shall not be available for appropriations
for expenditure in the fiscal year in which such gaming revenues were generated.
1. Funds deposited into the Health Services Fund shall be available for
appropriation to the Muscogee (Creek) Nation Health Services Administration
for the Contract Health Department to provide services exclusively to citizens
of the Muscogee (Creek) Nation.
2. Deposit of funds to the Health Services Fund shall be retroactive to
October 1, 2005, and shall remain in effect for an indeterminate period. The
Office of the Controller shall be required to transfer funds from the Economic
Development and Land Acquisition Fund to effect the provisions of this Act.
F. Security for debt. Stocks, bonds, mutual funds, cash, certificates of
deposit or any other secured United States governmental securities of the
‘‘Permanent Fund’’ within the General Fund of the Nation may be pledged as
security for any debt issuance of the Muscogee (Creek) Nation that is expressly
approved by Tribal Resolution; provided that until April 1, 2009, no more than
eighty percent (80%) of the total value of the Permanent Fund shall be subject
to any such pledge or pledges at any time. Beginning April 2, 2009, no more
than sixty percent (60%) of the total value of the Permanent Fund shall be
subject to any such pledge or pledges at any time. Any such pledged security
shall be separately designated as pledged for the specified debt, shall be
maintained by the Nation in a separate investment account, and shall be
unavailable for appropriation or expenditure for any other purposes so long as
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Title 37, § 2–203
TRIBAL GOVERNMENT
said pledged security remains collateral for the debt or debts. When collateralization is no longer required at sixty percent (60%) then the collateralization
will return to twenty-five percent (25%).
G. Capital Improvement Fund. A Capital Improvement Fund is hereby
established. Appropriations from this fund shall only be made pursuant to
appropriation acts for the following purposes: constructing new buildings on
property owned by the Muscogee (Creek) Nation; maintenance of existing
buildings and facilities on property owned by the Muscogee (Creek) Nation;
and other capital improvements for facilities and property owned by the
Muscogee (Creek) Nation, including necessary equipment and furnishings.
Five percent (5%) of the net revenues from current Tribal gaming operations
which are not restricted or reserved by subsection C of this section for
contingencies or liabilities shall be deposited in the Muscogee (Creek) Nation
Capital Improvement Fund to be invested in an interest bearing account.
H. Gaming Fund; appropriations. The Gaming Fund is hereby established
for appropriations and expenditures for the purposes specified in the Muscogee
(Creek) Nation Gaming Code, Title 21, § 12–102. In addition to funds in the
Gaming Fund as of the effective date of this Act, forty percent (40%) of the net
revenues from current Tribal gaming operations which are not restricted or
reserved by subsection C of this section for contingencies or liabilities shall be
deposited in the Gaming Fund on a quarterly basis. Such funds shall be
available for appropriations for expenditures to be made in the fiscal year
immediately following the year in which the gaming revenues were generated.
I. Debt Retirement Fund. The Debt Retirement Fund is hereby established
in order to insure and fund a prompt retirement of all financed debts of the
Muscogee (Creek) Nation, exclusive of enterprise debt that may provide for debt
retirement through generated program income. Twenty percent (20%) of the
net revenues from current Tribal gaming operations which are not restricted or
reserved by subsection C of this section for contingencies or liabilities, shall be
deposited in the Debt Retirement Fund. Deposits shall be invested in an
interest bearing account in accordance with Title 37, § 2–717. All principal
and interest payments due from financed debts of the Muscogee (Creek) Nation
that are budgeted annually in the Comprehensive Annual Budget or authorized
for payment from this Fund by Tribal Resolution, shall be made from the Debt
Retirement Fund in accordance with the terms of the financing agreement.
The Controller may transfer funds from the Debt Retirement Fund to the
Permanent Fund, provided all financed debt of the Muscogee (Creek) Nation is
satisfied, and provided further that sufficient reserves are in place for any
anticipated financing.
J. Controller oversight. All expenditures from the funds established pursuant to this Act shall be subject to the oversight of the Controller of the
Muscogee (Creek) Nation.
K. Net revenue. Solely for purposes of this section, with respect to any
Tribal gaming operation and for any period of time, the term ‘‘net revenues’’
means gross gaming revenues less all amounts paid out as, or paid for, prizes;
and less, without duplication (1) total gaming-related expenses and (2) all
amounts of the gaming revenues required to be applied or retained by the
136
Title 37, § 2–206
BUDGET AND FINANCE
Tribal gaming operations for compliance with any terms related to any indebtedness of the Nation secured by a pledge of any assets or revenues of the
gaming operations.
[NCA 89–135, § 102, approved Nov. 2, 1989; amended by NCA 01–140, § 1–103,
approved Aug. 13, 2001; NCA 01–122, §§ 1, 2, approved Dec. 4, 2001; NCA 03–037,
§§ 103, 104, eff. March 11, 2003; NCA 04–065, § 3, approved April 30, 2004; NCA
06–071, § 2, approved Aug. 9, 2006; NCA 06–233, §§ 2 and 3, eff. Nov. 6, 2006; NCA
07–344, § 2, eff. Dec. 26, 2007; NCA 08–078, approved May 16, 2008; NCA 08–166, § 1,
approved Nov. 3, 2008; NCA 09–021, § 1, approved Jan. 31, 2009.]
Library References
Indians O210, 340.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72, 193.
§ 2–204. Communications Department Revolving Account
A revolving account for the Communications Department shall be established
for all income earned through advertising to be deposited into the Communications Department operating budget. This revolving account is to also be used
for funds the department receives for 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 returned to the Communications Department operating budget.
[NCA 92–46, § 102, approved July 28, 1992.]
Cross References
Advertising, Communications Department, see Title 16, § 5–101.
§ 2–205. Medical Travel Fund
There is hereby created a special fund to be called the Medical Travel Fund
which shall be created for the travel of parents and their minor Creek enrollment eligible children who have special medical needs that need treatment in
or out of state hospitals.
[NCA 92–74, § 103, approved May 27, 1992; amended by NCA 96–05, § 102, approved
Feb. 24, 1992.]
Cross References
Budget, Medical Travel Fund, see Title 37, § 2–104.
Expenditures, Medical Travel Fund, see Title 35, § 3–102.
Findings, Medical Travel Fund, see Title 35, § 3–101.
§ 2–206. Litigation and Lobbying Fund Account
A. There is hereby created a Litigation and Lobbying Fund Account within
the Treasury of the Muscogee (Creek) Nation, and this fund account shall be
earmarked to pay for the cost of litigation, lobbying expense, public relations
expenses, and/or other expenses associated with the protection of Tribal sovereignty against state and federal legislation.
B. 1. The temporary tax increase of two cents ($0.02) per pack of cigarettes, sold in licensed tobacco smokeshops by the Muscogee (Creek) Nation, is
to be repealed and become effective February 1, 1995.
137
Title 37, § 2–206
TRIBAL GOVERNMENT
2. All revenue generated from this tax shall remain in the Litigation and
Lobbying Fund Account until expended by an appropriation law of the National
Council.
[NCA 92–90, §§ 103, 104, approved June 3, 1992; amended by NCA 95–10, §§ 101, 102,
approved Feb. 1, 1995.]
Cross References
Budget, litigation and lobbying to protect Tribal sovereignty, see Title 37, § 2–105.
§ 2–207. Maintenance and Capital Improvements Sinking Fund
The Muscogee (Creek) Nation shall establish a sinking fund and program a
reserve fund in the Annual Comprehensive Budget to meet the maintenance
and capital needs of the Nation. Ten percent (10%) of the revenue received
from office space rental income shall be placed in the Capital Improvements
Sinking Fund on an annual basis; provided that this requirement shall not be
applicable to the disposition of the lease revenue from the Muskogee Office
Building located in Muskogee, Oklahoma, which shall be deposited into the
separate sinking fund identified as the Muskogee Office Building Sinking Funds
in accordance with the requirements of NCA 01–227.
[NCA 92–109, § 103, approved July 27, 1992; amended by NCA 97–81, § 103, eff. July
30, 1997; NCA 01–228, § 1, approved Dec. 4, 2001.]
Cross References
Budget, physical plant maintenance and capital improvements program, see Title 37, § 2–106.
Physical plant maintenance and capital improvement policy, see Title 28, § 5–101.
§ 2–208. Economic Development Fund
A. The Economic Development Fund is hereby established within the Treasury of the Muscogee (Creek) Nation.
B. The amount of three hundred twenty-nine thousand, four hundred fortyseven dollars ($329,447) is hereby appropriated from the third Three-Year Plan,
Economic Development category, for fiscal years, 1990, 1991, and 1992, to be
deposited by the Controller into the Economic Development Fund, which shall
be an interest-earning account upon which expenditures may hereafter be
authorized by appropriation by law.
C. Any interest earned on the Economic Development Fund shall be deposited by the Controller into the Economic Development Fund.
D. The Controller shall hereafter include the Economic Development Fund
within all Quarterly Financial Statements.
[NCA 92–149, § 102, approved Sept. 19, 1992.]
Cross References
Economic development, see Title 17, § 1–101 et seq.
§ 2–209. Flag Account
A.1 The Principal Chief is hereby authorized to expend the amount of three
thousand two hundred dollars ($3,200.00) from the Taxes and Licenses Account
138
Title 37, § 2–211
BUDGET AND FINANCE
to the Muscogee (Creek) Nation Mound Building Oversight Committee for the
purpose of procuring a stock of Tribal flags, and other accessories bearing the
Great Seal of the Nation and other traditional flags to offer for sale, said
monies shall be placed in the Mound Building Oversight Committee Revolving
Fund.
[NCA 95–114, § 107, added by NCA 98–08, § 104, approved Feb. 6, 1998; NCA 96–01,
§ 103, approved Jan. 29, 1996; amended by NCA 05–178, § 2, eff. Sept. 2, 2005.]
1 So in original.
Cross References
Manufacture and sale of flag, see Title 37, § 1–102.
Library References
Indians O210, 225, 226.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72, 140 to
149.
§ 2–210. Farm Account
There is hereby created within the Muscogee (Creek) Nation Treasury a
revolving account which shall be known as the Farm Account. Income from
the sale of cattle, crops, equipment and agricultural leases shall be credited to
the Farm Account provided that if the Tribal Trade and Commerce Authority
has assumed all agricultural duties pursuant to Title 28, Chapter 3, then all
income from the farm shall go to the Tribal Trade and Commerce Authority to
be utilized in accordance with Title 17, Chapter 2.
[NCA 96–41, § 104, approved July 5, 1996; amended by NCA 04–176, § 2, approved
Nov. 29, 2004.]
Cross References
Farm operations, see Title 1, § 1–101.
Library References
Indians O176, 210.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72, 109.
§ 2–211. Community Development Program Revolving Account
A. The Principal Chief or his designee is hereby authorized to establish a
revolving account for the Community Development Program.
B. The revolving account shall be a continuing account not subject to fiscal
year limitations and shall be under the direction of the Community Development Program and the Office of the Controller.
C. The Principal Chief is hereby authorized to appropriate six thousand
dollars ($6,000.00) from the interest on the Permanent Fund Account to
establish the revolving account for the Community Development Program.
[NCA 96–52, § 103, approved July 5, 1996.]
139
TRIBAL GOVERNMENT
Title 37 § 2–212
Repealed
§ 2–212. Repealed by NCA 06–050, § 3, approved March 29, 2006
§ 2–213. Lighthorse Administration Revolving Account
A. Creation of account. The Judicial Branch is hereby authorized to
reimburse the Lighthorse Administration for any process service fees previously
collected for such service and any process service fees collected by the Judicial
Branch in the future. Such fees shall immediately be paid over to the
Muscogee (Creek) Nation Controller to be deposited into a revolving fund for
use by the Lighthorse Administration as appropriated by the Muscogee (Creek)
National Council. Funds presently in the revolving account referred to herein
shall be included in the annual budget of the Lighthorse Administration.
Deposits may be made to this fund from funds derived from forfeited items.
B. Authorized use for undercover operations. The Lighthorse Administration is authorized to expend funds in this Account for undercover operations in
accordance with Lighthorse Policies and Procedures. The Lighthorse Chief of
Police may have up to five hundred dollars ($500) in cash withdrawn from the
account at any given time. The Lighthorse Chief of Police may withdraw
additional funds for the use of undercover operations only upon written
approval by the Attorney General.
C. Accountability. The use of funds from the Undercover Operations Fund
shall be documented in accordance with Lighthorse Policies and procedures
and a monthly report of the expenditure and receipt of funds shall be made to
the Muscogee (Creek) Nation Office of the Controller and to the Prosecutor.
The monthly report submitted to the Controller shall include the date and
amount of the transaction but shall not contain identifying information of
confidential informants or uncharged defendants.
[NCA 98–103, § 103, approved Oct. 5, 1998; amended by NCA 05–226, § 3, approved
Sept. 30, 2005.]
Cross References
Process service fees, see Title 26, § 5–106.
Library References
Indians O210, 401.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72, 151 to
179.
§ 2–213A. Lighthorse Federal Forfeiture Revolving Fund
There is hereby created a Lighthorse Federal Forfeiture Revolving Fund for
use by the Lighthorse Police Department. Funds received from asset sharing of
federal law enforcement forfeitures shall be deposited in this Fund and shall be
available for use by the Lighthorse Police Department.
[Added by NCA 08–167, § 2, approved Nov. 3, 2008.]
§ 2–214. Election Board Special Depository Account
A special depository account, to be designated ‘‘Muscogee (Creek) Nation
Election Board Special Depository Account,’’ shall be used for receipt and
disbursement of monies received by the Election Board for filing fees only. The
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Title 37, § 2–215
BUDGET AND FINANCE
special depository account shall be a continuing fund not subject to fiscal year
limitations, shall be under the administrative direction of the Election Board,
and shall be under the fiscal control of the Controller of the Muscogee (Creek)
Nation.
[NCA 99–20, § 3–104, approved April 30, 1999.]
Cross References
Candidacy filing fees, see Title 19, § 5–108.
Contest of candidacy, filing fee, see Title 19, § 5–204.
Contest of election for fraud or irregularities, filing fee, see Title 19, § 8–209.
Costs paid by Election Board, see Title 19, § 3–103.
Disposition of candidacy contest deposits, see Title 19, § 5–211.
Expenses of recount, see Title 19, § 8–208.
Recount filing fees, see Title 19, § 8–202.
§ 2–215. Mound Building Oversight Committee and Revolving Fund
A. Purpose. The purpose of this section is to create the Muscogee (Creek)
Nation Mound Building Oversight Committee composed of representatives of
each Constitutional body occupying the building. The Muscogee (Creek) Nation Mound Building Oversight Committee will be committed to providing
cultural development, maintenance and improvement to the Mound Building,
and shall be responsible for the selling of the Tribal flag, and other accessories
bearing the Great Seal of the Nation and other traditional flags.
B. Creation. There is hereby created the Muscogee (Creek) Nation Mound
Building Oversight Committee. The Muscogee (Creek) Nation Mound Building
Oversight Committee shall consist of the Speaker of the National Council or
designee and one member from each of the National Council Standing Committees, Chief Justice of the Supreme Court and District Judge. The Committee
shall select a Chairman and record minutes of all meetings.
C. Contractual. The Muscogee (Creek) Nation Mound Building Oversight
Committee shall negotiate and contract if necessary, for the cultural development, maintenance and improvement of the Mound Building, and the manufacture of the Tribal flag, and other accessories bearing the Great Seal of the
Nation and other traditional flags.
D. Accountability. The Muscogee (Creek) Nation Mound Building Oversight Committee shall prove an accounting of the Committee’s activity on a
quarterly basis to the full National Council. The Muscogee (Creek) Nation
Controller shall assist the Committee on an as needed basis.
E. Appropriation. The sum of one thousand forty–six, four hundred and
no/100 dollars ($146,000.00) is hereby appropriated from the Bingo Revenue
Fund Account for the implementation of this Act. There is hereby created the
Muscogee (Creek) Nation Mound Building Oversight Committee Revolving
Fund. This revolving fund shall be held by the Controller and expended only
upon the approval of the Chairman of the Committee. The Revolving Fund
shall not be subject to any fiscal year limitations and can only be closed by an
Act of the National Council.
F. Authorization. The National Council hereby authorizes the Muscogee
(Creek) Nation Mound Building Oversight Committee to expend monies from
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Title 37, § 2–215
TRIBAL GOVERNMENT
the Revolving Fund in accordance with the standard procurement and purchasing procedures of the Muscogee (Creek) Nation. The Committee is authorized
to accept gifts of artifacts and money, make sales of authorized art prints,
Tribal flags and other accessories bearing the Great Seal of the Nation and
other traditional flags, apply for grants from any source, and deposit monies
from such activities into the Revolving Fund. All funds deposited into the
Revolving Fund from acceptance of gifts, donations, contributions or sales, are
hereby appropriated and will be made available to the Muscogee (Creek)
Nation Mound Building Oversight Committee for expenditure by the Office of
the Controller without fiscal year limitations.
[NCA 03–147, §§ 3–8, veto overridden August 26, 2003; amended by NCA 05–178, § 3,
eff. Sept. 2, 2005.]
Library References
Indians O144, 210, 215.
Westlaw Topic No. 209.
C.J.S. Indians §§ 46 to 50, 53, 57 to 59, 66 to
72.
§ 2–216. Muscogee (Creek) Nation Museum, Cultural Center and Archives
Artifacts, Memorabilia and Documents Revolving Fund
A. There is hereby created the Muscogee (Creek) Nation Museum, Cultural
Center and Archives Artifacts, Memorabilia and Documents Revolving Fund.
B. All acquisitions from this revolving fund shall require approval by a
majority vote of all Muscogee (Creek) Nation Museum, Cultural Center and
Archives Oversight Committee members.
[Added by NCA 08–120, § 3, approved Sept. 2, 2008.]
§ 2–217. Real Property Escrow Fund
There is hereby created in the Office of the Treasury a Real Property Escrow
Fund for the Division of Tribal Affairs. The fund shall be a continuing fund,
not subject to fiscal year limitations, and shall consist of monies appropriated
by the Nation to this fund. Expenditures from said fund shall be made upon
the Principal Chief on behalf of the Muscogee (Creek) Nation entering into a
Conditional Real Estate Contract and forwarding said Contract to the Controller for processing of the escrow payment only. The Principal Chief shall
forward the final Real Estate Contract to the National Council for approval by
way of Tribal Resolution. After closing or if no purchase is consummated, the
monies held in escrow shall be returned to the Real Property Escrow Fund.
[Added by NCA 08–127, § 5, approved Nov. 3, 2008.]
Historical and Statutory Notes
NCA 08–127, §§ 1 and 2, provide:
‘‘Section One.
Findings.
The National
Council finds that:
‘‘Many times the Nation loses out on property
due to the process required for acquiring real
property. The establishment of a Real Property
Escrow Fund would enable the Nation to put
down earnest money which will solidify the
Nation’s intent to purchase property from potential sellers while continuing with the Executive and Legislative process.
‘‘Section Two. Purpose. The purpose of this
Act is to appropriate the funds necessary to
establish a Real Property Escrow Fund.’’
142
Title 37, § 2–306
BUDGET AND FINANCE
SUBCHAPTER 3. ADVANCEMENT OF FUNDS
BY BUREAU OF INDIAN AFFAIRS
Section
2–301. Requesting the Bureau of Indian Affairs to advance funds.
2–302. Controller’s authority to request funds.
2–303. Supplemental requests.
2–304. Expenditure of funds by Controller.
2–305. Auditing of funds received.
2–306. Monthly report on funds expended.
§ 2–301. Requesting the Bureau of Indian Affairs to advance funds
The Muscogee (Creek) Nation hereby requests the U.S. Bureau of Indian
Affairs to advance, each quarter, funds requested by the Controller of the
Muscogee (Creek) Nation.
[NCA 81–52, § 101, approved April 2, 1981.]
Library References
Indians O117, 139.
Westlaw Topic No. 209.
C.J.S. Indians §§ 6 to 7, 54 to 55.
§ 2–302. Controller’s authority to request funds
The Controller of the Muscogee (Creek) Nation is vested with the authority to
make requests to the Bureau of Indian Affairs for Tribal funds.
[NCA 81–52, § 102, approved April 2, 1981.]
§ 2–303. Supplemental requests
Supplemental request may be made by the Controller when unusually large
expenditures are necessary.
[NCA 81–52, § 103, approved April 2, 1981.]
§ 2–304. Expenditure of funds by Controller
Funds received by the Muscogee (Creek) Nation under this subchapter shall
be expended by the Controller pursuant to the requirements of the Controller
law (Title 37, § 2–701 et seq.).
[NCA 81–52, § 104, approved April 2, 1981.]
§ 2–305. Auditing of funds received
Funds received by the Muscogee (Creek) Nation under this subchapter shall
be audited by the Controller on an annual basis according to the same
principles and standards utilized to audit other funds owed to, belonging to or
owned by the Muscogee (Creek) Nation.
[NCA 81–52, § 105, approved April 2, 1981.]
§ 2–306. Monthly report on funds expended
The Controller shall prepare a monthly report on funds expended, and shall
submit the report to:
143
Title 37, § 2–306
TRIBAL GOVERNMENT
A.
The Muscogee (Creek) National Council;
B.
The Principal Chief of the Muscogee (Creek) Nation;
C. Okmulgee Agency, U.S. Bureau of Indian Affairs for the use of the
Bureau.
[NCA 81–52, § 106, approved April 2, 1981.]
SUBCHAPTER 4.
TRIBAL JUDGMENT FUNDS
Part
I. Expenditure, Generally
II. Three-Year Plans
Code of Federal Regulations
Use or distribution of Indian judgment funds, see 25 CFR 87.1 et seq.
PART I.
EXPENDITURE, GENERALLY
Section
2–401. Prohibition of expenditure.
2–402. Interest.
Historical and Statutory Notes
NCA 90–60, §§ 101 and 104, provide:
‘‘§ 101. Findings:
‘‘A. In 1985 the BIA held approximately
eighteen million dollars ($18,000, 000) of Muscogee (Creek) Nation Judgment Funds.
‘‘B. As of this date the BIA holds less than
eleven million dollars ($11,000, 000) of Muscogee (Creek) Nation Judgment Funds.
‘‘C. If the Principal Chief continues to propose spending and the National Council contin-
ues to approve of those proposals all Judgment
Funds shall be expended in the near future.’’
‘‘§ 104. Repeal.
‘‘All titles, chapters, articles, and sections of
Tribal Ordinances and Tribal Policies which are
in effect as of the date of this Act, and all other
laws and parts of laws which are inconsistent
with the provisions of this Act are hereby repealed.’’
§ 2–401. Prohibition of expenditure
Beginning October 1, 1990 (FY 1991) no further Judgment Funds shall be
expended.
[NCA 90–64, § 102, passed June 30, 1990 (unsigned).]
§ 2–402. Interest
Interest from Judgment Funds shall be expended for operation of the Muscogee (Creek) Nation Tribal Government as provided by law.
[NCA 90–64, § 103, passed June 30, 1990 (unsigned).]
PART II.
THREE-YEAR PLANS
Section
2–451. Principal amounts to be invested.
2–452. Expenditure of interest.
144
BUDGET AND FINANCE
Title 37, § 2–454
Section
2–453. Public hearings.
2–454. Adoption of law.
2–455. Authorization of expenditures.
2–456. Funds not expended.
2–457. Jurisdiction over controversies.
2–458. Domestic assistance program matching funds.
2–459. Future principal amounts.
2–460. Distribution of Judgment Funds Act inapplicable.
§ 2–451. Principal amounts to be invested
The following principal amounts of tribal judgment funds of the Muscogee
(Creek) Nation of Indians in Oklahoma shall be invested by the United States in
interest-bearing accounts until otherwise provided by law; no expenditures
shall be allowed from these principal amounts:
Docket 169 $894,899.00
Docket 272 $6,946,585.00
Docket 277 $1,170,000.00 (more or less)
Docket 309–74 $92,288.10
[NCA 82–11, § 1, approved Feb. 2, 1982.]
§ 2–452. Expenditure of interest
All interest accruing to the principal and interest accounts of the Muscogee
(Creek) Nation in Dockets 169, 272, 277 and 309–74 from October 1, 1983,
through September 30, 1986, and each three (3) year period thereafter, shall be
set aside for expenditure through an approved Three-Year Plan. Interest
earned on funds programmed for a Three-Year Plan prior to their release to the
Muscogee (Creek) Nation shall become a part of the succeeding Three-Year
Plan. Interest earned by the Nation on funds released under a Three-Year Plan
shall be expended as part of that Three-Year Plan.
[NCA 82–11, § 102, §§ 2, 4, approved Feb. 2, 1982; amended NCA 92–86, § 103,
approved July 2, 1992.]
§ 2–453. Public hearings
On or before June 1, 1986, and every third year thereafter, the Muscogee
(Creek) Nation shall hold a Public Hearing to present a proposed Three-Year
Plan for discussion and comment by Muscogee (Creek) Indians.
[NCA 82–11, § 5, approved Feb. 2, 1982; amended NCA 92–86, § 104, approved July 2,
1992.]
§ 2–454. Adoption of law
On or before July 1, 1986 and every third year thereafter, the Muscogee
(Creek) Nation shall adopt a law proposing a Three–Year Plan for funds
available under Title 37, § 2–452. The law shall be submitted to the Okmulgee
Agency for the U.S. Bureau of Indian Affairs. The Secretary of the Interior or
his authorized representative shall have thirty (30) days to either approve the
plan or to reject the plan because it is contrary to federal law: if no action is
taken within thirty (30) days, the Plan shall be considered approved. The
145
Title 37, § 2–454
TRIBAL GOVERNMENT
Muscogee (Creek) Nation shall have thirty (30) days to amend the Plan to meet
any requirements of federal law specified by the Secretary or his authorized
representative.
[NCA 82–11, § 6, approved Feb. 2, 1982; amended NCA 85–33, § 102, approved July 2,
1985; NCA 85–58, § 102, approved Oct. 1, 1985; NCA 86–14, § 102, passed March 29,
1986 (unsigned); NCA 86–15, § 102, passed March 29, 1986 (unsigned); NCA 92–86,
§ 105, approved July 2, 1992.]
§ 2–455. Authorization of expenditures
All expenditures under any Three-Year Plan must be appropriated and
authorized by a law of the Muscogee (Creek) Nation, and shall be made in strict
compliance with that law, this part, and the Three-Year Plan then in effect.
[NCA 82–11, § 7, approved Feb. 2, 1982.]
§ 2–456. Funds not expended
Funds not expended in any fiscal year may be carried forward to any
remaining year of a Three-Year Plan. Funds not expended under a Three-Year
Plan may be carried forward to the next Three-Year Plan.
[NCA 82–11, § 8, approved Feb. 2, 1982.]
§ 2–457. Jurisdiction over controversies
All controversies arising under, pursuant to, or in conflict with any ThreeYear Plan, or any law of the Muscogee (Creek) Nation implementing a ThreeYear Plan, are subject to the original and exclusive jurisdiction of the Courts of
the Muscogee (Creek) Nation.
[NCA 82–11, § 9, approved Feb. 2, 1982.]
§ 2–458. Domestic assistance program matching funds
Expenditures under any Three-Year Plan may be utilized as matching funds
for federal domestic assistance programs.
[NCA 82–11, § 10, approved Feb. 2, 1982.]
§ 2–459. Future principal amounts
All future principal amounts of Judgment Funds of the Muscogee (Creek)
Nation shall be invested under the authority of Title 37, § 2–451.
[NCA 82–11, § 11, approved Feb. 2, 1982.]
§ 2–460. Distribution of Judgment Funds Act inapplicable
The Distribution of Judgment Funds Act of 1973 (Pub. Law 93–134; 87 Stat.,
466: 25 U.S.C. §§ 1401-1406) shall not apply to the funds of the Muscogee
(Creek) Nation, except the tax exemption provisions of 25 U.S.C. § 1407.
[NCA 82–11, § 12, approved Feb. 2, 1982.]
146
Title 37, § 2–502
BUDGET AND FINANCE
SUBCHAPTER 5. APPLICATIONS FOR
FINANCIAL ASSISTANCE
Section
2–501. Submission of applications; authorization.
2–502. Copies of law authorized to accompany applications for financial assistance.
2–503. Review of sources of funding; development and submission of applications.
2–504. Approval of National Council.
Historical and Statutory Notes
NCA 92–64, §§ 101, 102, provide:
‘‘§ 101. Findings:
‘‘The Muscogee National Council finds that:
‘‘A. The Muscogee Nation is eligible to receive federal funding in a number of program
categories authorized by the U.S. Congress.
‘‘B. The Muscogee Nation may be eligible to
receive funding from private foundations.
‘‘C. The Muscogee National Council has the
power to legislate on such matters and is responsible for promoting the public health and
safety, education and welfare that may contribute to the social, physical well-being and economic advancement of citizens of the Muscogee
Nation.
‘‘D. It would be in the best interest of the
Muscogee Nation to submit Applications and
proposals to various funding sources for the
provision of social and economic services to
Creek Citizens and to support tribal government
activities.
‘‘§ 102. Purpose.
‘‘The purpose of this act is to authorize the
Executive Branch to submit applications and
proposals to various federal and private funding
sources to achieve short-range and long-range
tribal goals and objectives.’’
NCA 91–03, §§ 100, 102, provide:
‘‘§ 100. Findings: The National Council
finds that:
‘‘A. There is a need for legislation authorizing offices and departments within the Execu-
tive Branch to pursue additional sources of financial assistance.
‘‘B. Financial assistance is necessary to develop and maintain provision of tribal programs
and services, to stimulate economic development, to strengthen tribal government and other
development purposes.
‘‘C. Funding to support delivery of tribal
programs and services is derived from an assortment of organizations including local, state
and federal governments and other philanthropy organizations and foundations.
‘‘D. As part of the application process, a
funding source may require an ‘Authorizing Ordinance’ from an applicable governing body indicating support of the proposed project.
‘‘E. Funding agency request for proposals
often minimizes preparation time of proposals,
allowing inadequate time to obtain an ‘Authorization’ prior to submission of deadlines.
‘‘F. Funding sources often require applicants provide ‘In-Kind’ or ‘Matching Funds’ as
part of the proposed projects budget plans.
‘‘§ 102. Purpose
‘‘The purpose of this ordinance is to authorize:
‘‘(1) The Executive Branch to pursue financial assistance for program development purposes.
‘‘(2) The preparation and submission of applications for financial assistance.’’
Cross References
Children and Family Services Administration, contracts and cooperative agreements, see Title 6,
§ 1–202.
§ 2–501. Submission of applications; authorization
The Executive Branch of the Muscogee (Creek) Nation is hereby authorized
to submit applications and proposals to various federal and private funding
sources to achieve short-range and long-range Tribal goals and objectives.
[NCA 92–64, § 103, approved April 30, 1992.]
§ 2–502. Copies of law authorized to accompany applications for financial
assistance
A. NCA 91–03 shall serve as authorizing legislation for purposes of submission of applications for financial assistance.
147
Title 37, § 2–502
TRIBAL GOVERNMENT
B. Copies and/or other reproductions of NCA 91–03 are authorized to
accompany applications for financial assistance, proposals, and other requests
for funding to promote and advance the physical, social and economic wellbeing of Indian people and to strengthen the governance of the Muscogee
(Creek) Nation.
[NCA 91–03, §§ 103, 104, approved April 3, 1991.]
§ 2–503. Review of sources of funding; development and submission of
applications
The Executive Branch is authorized to review available sources of funding,
develop and submit applications for funding to carry out subsection B of Title
37, § 2–502.
[NCA 91–03, § 105, approved April 3, 1991.]
§ 2–504. Approval of National Council
A. Completed proposals will be submitted to the National Council for
approval prior to the submission of the grant proposal.
B. The Executive Branch is hereby directed to submit a copy of any and all
applications and proposals to the National Council for their record, including
budget documents.
C. The Executive Branch is hereby directed to submit a copy of any and all
grant or contract awards to the National Council for their record.
D. The Executive Branch is hereby directed to include any and all grant or
contract awards into the Comprehensive Tribal Budget.
E. The Executive Branch is hereby directed to include any and all grant or
contract awards into the provisions of the annual audit.
F. The National Council reserves the right to reject any and/or all grant or
contract awards that do not conform to the short-range or long-range goals and
objectives of the Muscogee (Creek) Nation.
[NCA 91–03, § 106, approved April 3, 1991; NCA 92–64, § 104, approved April 30,
1992.]
SUBCHAPTER 6.
AUDIT LAW
Section
2–601. Official title of law.
2–602. Definitions.
2–603. Frequency of audits.
2–604. Standards; qualifications of accountants.
2–605. Expenses.
2–606. Audit report contents.
2–607. Audit reports; time for completion and distribution.
2–608. Examination of reports; deficiencies.
2–609. False statements in reports; false information to auditors.
2–610. Tribal accounting systems and procedures.
148
Title 37, § 2–606
BUDGET AND FINANCE
Cross References
Law Enforcement Department, contracts with federal or state agencies, annual audit, see Title 16,
§ 4–205.
§ 2–601. Official title of law
This chapter shall be cited as the Muscogee (Creek) Nation Audit Law.
[NCA 88–72, § 102, veto overridden Oct. 29, 1988.]
§ 2–602. Definitions
A. The term ‘‘auditor’’ as used in this chapter means a person or partnership, or corporation who makes an audit and prepares a report thereon as
provided by law of the Muscogee (Creek) Nation.
B. The term ‘‘Muscogee (Creek) Nation’’ as used herein shall include any
agency, department, program, enterprise, authority, or any other legal entity
under the jurisdiction of the Muscogee (Creek) Nation.
[NCA 88–72, § 104, veto overridden Oct. 29, 1988.]
§ 2–603. Frequency of audits
The Muscogee (Creek) Nation shall provide for and cause to be made an
annual audit of the financial affairs and transactions of each fund under the
control of the Nation for each fiscal year. Provided, all federal and state funds
shall be audited in compliance with contract or grant agreements. Such audits
shall be made at the end of the fiscal year; provided, however, the National
Council may require that audits be made at more frequent intervals.
[NCA 88–72, § 105, veto overridden Oct. 29, 1988.]
§ 2–604. Standards; qualifications of accountants
The audit of each fund shall be made in accordance with generally accepted
audit standards as defended by the American Institute of Certified Public
Accountants. Provided, such accountant shall make an application for approval
by the Council for the ensuing year on or before the first day of March for each
calendar year. Each accountant shall satisfy the National Council that such
accountants are licensed by a State Board of Accountants, as a Certified Public
Accountant, before being placed on the list of approved auditors.
[NCA 88–72, § 106, veto overridden Oct. 29, 1988.]
§ 2–605. Expenses
The expenses of audits shall be paid by the Nation.
[NCA 88–72, § 107, veto overridden Oct. 29, 1988.]
§ 2–606. Audit report contents
Each report on audit of funds under control of the Nation shall comply with
the Single Audit Act of 1984.1
[NCA 88–72, § 108, veto overridden Oct. 29, 1988.]
1 31 U.S.C.A. § 7501 et seq.
149
Title 37, § 2–607
TRIBAL GOVERNMENT
§ 2–607. Audit reports; time for completion and distribution
A. Each audit required by this Act shall be completed and the audit report
thereon shall be submitted by the auditor to the National Council within twelve
(12) months after the close of the fiscal year of the Nation.
B. The audit reports, a time for completion, and distribution shall be made
according to the Single Audit Act of 1984.1
[NCA 88–72, § 109, veto overridden Oct. 29, 1988.]
1 31 U.S.C.A. § 7501 et seq.
§ 2–608. Examination of reports; deficiencies
The National Council shall examine all reports submitted to it and shall
determine whether said reports, comply with the provisions of this chapter. If
the National Council finds they have not been complied with, the National
Council shall notify the Principal Chief and the auditor who submitted said
report by submitting to them a statement of deficiencies. If the deficiencies are
not corrected within ninety (90) day time frame from the date of the statement
of deficiencies, the National Council shall require another audit to be made in
the manner provided in this chapter.
[NCA 88–72, § 110, veto overridden Oct. 29, 1988.]
§ 2–609. False statements in reports; false information to auditors
A. In any case where an accountant has knowingly issued an audit report,
required under provisions of this article, containing any false or misleading
statements, the National Council shall report such violation in writing to the
Judicial Branch and in the case of Certified Public Accountants, to the Oklahoma State Board of Accountancy. The National Council shall revoke their
rights to perform such audits in the future.
B. Any employee who knowingly or willfully furnishes to the auditors or to
employees any false or fraudulent information shall be deemed guilty of
malfeasance, and upon conviction, the courts shall enter judgment that such
person so convicted shall be removed from office or employment from the
Nation, with the exception of the Principal Chief, who is subject to impeachment.
[NCA 88–72, § 111, veto overridden Oct. 29, 1988.]
§ 2–610. Tribal accounting systems and procedures
All accounting systems and procedures used by the Nation shall conform to
general accounting systems and procedures for governments.
[NCA 88–72, § 112, veto overridden Oct. 29, 1988.]
SUBCHAPTER 7.
Section
2–701. Declaration of policy.
2–702. Establishment of office.
2–703. Nomination and confirmation.
150
CONTROLLER
Title 37, § 2–704
BUDGET AND FINANCE
Section
2–704. Vacancies.
2–705. Reports.
2–706. Bonding; jurisdiction over actions for breach of fiduciary duties.
2–707. Removal.
2–708. Regulations.
2–709. Financial statements.
2–710. Enforcement of access to records.
2–711. Disbursement of funds; collection of debts and obligations.
2–712. Conversion, misappropriation, etc.
2–713. Payment of vouchers.
2–714. Sovereign immunity.
2–715. Audits.
2–716. Jurisdiction.
2–717. Contracting and signature authority; wire transfers; establishment of accounts.
2–718. Cash receipts and petty cash management.
2–719. Salary.
§ 2–701. Declaration of policy
It is the policy of the Muscogee (Creek) Nation to administer funds according
to strict accounting standards, and to administer those funds through an
executive officer, the Controller, accountable to the Principal Chief and to the
National Council.
[NCA 88–70, § 103, approved Oct. 18, 1988.]
Cross References
Funds advanced by Bureau of Indian Affairs, expenditure by Controller, see Title 37, § 2–304.
§ 2–702. Establishment of office
The Tribal Office of Controller is hereby created and established as an
authority with attendant powers subordinate to the Principal Chief and the
National Council under the terms of this subchapter.
[NCA 88–70, § 104, approved Oct. 18, 1988.]
§ 2–703. Nomination and confirmation
A. Nominations for the Office of the Controller shall be made by the
Principal Chief and confirmed by the National Council under the terms of this
subchapter.
B.
The Controller shall have no previous felony convictions.
[NCA 88–70, § 105, approved Oct. 18, 1988; amended by NCA 95–78, § 103, approved
July 21, 1995.]
Cross References
Juvenile adjudication not to disqualify from employment or office, see Title 6, § 1–404.
§ 2–704. Vacancies
All vacancies for the Office of the Controller shall be filled by commissions
granted by the Principal Chief which shall expire at the end of the next meeting
of the National Council and if not confirmed, the person shall not be recommis151
Title 37, § 2–704
TRIBAL GOVERNMENT
sioned. An Acting Controller may be appointed for not more than sixty (60)
days.
[NCA 88–70, § 107, approved Oct. 18, 1988.]
§ 2–705. Reports
The Controller shall report regularly to the Principal Chief, keeping the
Principal Chief and the Executive Director advised fully of all financial matters,
and shall report to the National Council for all financial matters, and shall
report to the National Council at the Quarterly meetings to advise them fully of
all financial matters and answers all questions on that subject.
[NCA 88–70, § 108, approved Oct. 18, 1988.]
§ 2–706. Bonding; jurisdiction over actions for breach of fiduciary duties
The Controller and any person designated by the Controller to have purchasing or check-writing authority pursuant to Title 37, § 2–717 shall be bonded in
an amount of not less than fifty thousand dollars ($50,000). The courts of the
Muscogee (Creek) Nation shall have jurisdiction over any action brought by or
on behalf of the Nation against the Controller or any such person designated by
the Controller pursuant to Title 37, § 2–717 for breach of his or her fiduciary
duties in administering the funds of the Muscogee (Creek) Nation.
[NCA 88–70, § 109, approved Oct. 18, 1988; amended by NCA 99–76, § 104, approved
July 1, 1999.]
§ 2–707. Removal
The Controller shall be subject to removal by law for the following but not
limited to causes as defined in NCA 81–03, § 2001.1
A.
Violation of the oath of office.
B.
Conviction, in Tribal Court, of any felony under Tribal law.
C.
Conviction, in federal court, of any felony under federal law.
D.
Conviction, in Tribal Court, of any crime of corruption of a Tribal office.
E.
Excessive absence from duties of office.
[NCA 88–70, § 110, approved Oct. 18, 1988.]
1 Superseded by NCA 89–75.
See Title 31, § 1–104.
§ 2–708. Regulations
The Controller shall submit his regulations for the administration of funds in
control of, belonging to or owed to the Muscogee (Creek) Nation, for the
approval of the National Council, by December 17, 1988.
[NCA 88–70, § 111, approved Oct. 18, 1988.]
§ 2–709. Financial statements
The Controller shall prepare quarterly financial statements which disclose
receipts, encumbered, expended, unencumbered and cash balance, contract
funds for all funds under the control of the Muscogee (Creek) Nation. This
152
BUDGET AND FINANCE
Title 37, § 2–714
report shall be published each fiscal quarter in the Muscogee Nation News with
a narrative explaining the financial statement.
[NCA 88–70, § 112, approved Oct. 18, 1988; amended by NCA 89–37, § 102, approved
April 6, 1989.]
§ 2–710. Enforcement of access to records
The enforcement of the constitutional rights of access to records of Tribal
funds by Tribal citizens is delegated to the Controller and his enforcement of
that constitutional right is declared justiciable in the courts of this section 1.
[NCA 88–70, § 113, approved Oct. 18, 1988.]
1 So in original.
§ 2–711. Disbursement of funds; collection of debts and obligations
The Controller shall be responsible for assuring the proper disbursement of
funds in the control of, or belonging to, the Muscogee (Creek) Nation and for
the prompt and timely collection of debts and obligations owed to the Muscogee
(Creek) Nation. In order to carry out the responsibilities assigned to the Office
of the Controller under the provisions of this subchapter, the Controller shall be
and hereby is vested with all of the power and authority set forth in Title 37,
§ 2–717.
[NCA 88–70, § 114, approved Oct. 18, 1988; amended by NCA 99–76, § 103, approved
July 1, 1999.]
§ 2–712. Conversion, misappropriation, etc.
Upon his discovery of any indication of conversion of funds, misappropriation of funds, improper expenditure, unallowable costs, maladministration of
funds, the Controller shall:
A. Sue for the recovery of the funds in any court of this Nation or any other
courts having jurisdiction over the person implicated by probably cause, or
B. Report directly to the Principal Chief and the Speaker of the Muscogee
(Creek) National Council upon the nature of the financial matter and his
recommendations; and/or
C.
Notify appropriate authorities as required by law.
[NCA 88–70, § 115, approved Oct. 18, 1988.]
§ 2–713. Payment of vouchers
Upon funds appropriated by laws of the Creek Nation, the Controller shall
pay the vouchers presented him by the Principal Chief, the Speaker of the
National Council or the Justice of the Supreme Court for their respective
branches of Government in accordance with Section 108 1 above.
[NCA 88–70, § 116, approved Oct. 18, 1988.]
1 So in original.
NCA 88–70, § 108 (Title 37, § 2–705) does not appear to be applicable.
§ 2–714. Sovereign immunity
The sovereign immunity of the Muscogee (Creek) Nation is not waived by this
subchapter, cannot be waived by an officer under this subchapter, and shall be
153
Title 37, § 2–714
TRIBAL GOVERNMENT
respected by the Controller at all times. The Controller shall advise the National
Council of the Muscogee (Creek) Nation of all known claims against the
sovereign immunity of the Muscogee (Creek) Nation, and upon adoption of an
law as a specific waiver of such Tribal immunity, shall pay the same in the
amount direct by the law, or as provided by law.
[NCA 88–70, § 117, approved Oct. 18, 1988.]
United States Code Annotated
Sovereign immunity unaffected by Indian Self-Determination and Education Assistance Act, see 25
U.S.C.A. § 450n.
§ 2–715. Audits
The Controller shall engage independent audits as required by contract or by
Tribal Resolution with the approval of the National Council and not less than
once yearly, and shall present the audit reports to the Principal Chief, National
Council, and thereafter publish a notice of availability for public inspection in
the Muscogee Nation News.
[NCA 88–70, § 118, approved Oct. 18, 1988.]
§ 2–716. Jurisdiction
This subchapter and all circumstances and events arising under, pursuant to
or in conflict with this subchapter are declared within the exclusive jurisdiction
of the courts of the Muscogee (Creek) Nation.
[NCA 88–70, § 119, approved Oct. 18, 1988.]
§ 2–717. Contracting and signature authority; wire transfers; establishment of accounts
A. The Controller and any person(s) designated by the Controller in writing
shall have the authority to contract for, purchase and/or issue and approve
purchase requisitions, purchase orders and authorizations for payment for any
and all goods and services for all programs, offices, divisions, departments and
agencies of the Muscogee (Creek) Nation. Provided, however, any such contracts, purchases, purchase orders and authorizations for payment in excess of
one hundred thousand dollars ($100,000) must be approved in writing by the
Principal Chief or by Tribal Resolution of the National Council. The Principal
Chief’s approval authority may be delegated by him in writing to the Executive
Director or other officer of the Nation in the event the Principal Chief is absent
or unavailable and therefore unable to give such written approval, provided
that the delegation shall be limited to the duration of such absence or unavailability. All purchases of goods and/or services must be made in accordance with
an approved budget and an appropriation by the National Council.
B. Notwithstanding any other provision of law heretofore enacted by the
National Council, the Controller shall have the authority to sign or endorse any
check, draft or other written instrument of payment drawn on any account of
the Muscogee (Creek) Nation, provided that any such instrument shall be in
payment of a valid obligation or commitment of the Muscogee (Creek) Nation
made and authorized under appropriation and in accordance with the law.
154
BUDGET AND FINANCE
Title 37, § 2–717
Provided, further, that any such instrument in excess of fifty thousand dollars
($50,000) shall also be signed by the Principal Chief or if the Principal Chief be
absent or unavailable, then by an officer of the Muscogee (Creek) Nation
designated in writing for such purpose by the Principal Chief for the duration
of such absence or unavailability.
C. The Controller may delegate in writing to one or more persons employed
within the Office of the Controller his authority to sign or endorse checks,
drafts or other instruments of payment, provided that the check, draft or other
instrument is not in excess of five thousand dollars ($5,000) or any lesser
amount specified in the written delegation. In the event of his absence or
unavailability, the Controller may, for the duration of such absence or unavailability, delegate in writing his signature authority under subsection B of this
section to the Second Chief or to the Executive Director, provided that any
instrument of payment in excess of fifty thousand dollars ($50,000) shall also be
signed by the Principal Chief, or if the Principal Chief is also absent or
unavailable, then by an officer of the Nation designated in writing for such
purpose by the Principal Chief for the duration of the Principal Chief’s absence
or unavailability.
D. In furtherance of his or her duties to properly administer and protect the
funds of the Muscogee (Creek) Nation, and always in compliance with the laws
of the Nation and applicable federal laws and regulations, the Controller shall
have the authority to order or direct the wire transfer of any amount of funds
from any account or accounts of the Muscogee (Creek) Nation without requirement of second signature or prior approval of any other official of the Nation.
In accordance with the Nation’s duly adopted Indian Housing Plans, and in
compliance with the provisions of NAHASDA1 or other applicable federal laws
and regulations regarding the administration of Indian Housing Block Grant
funds, the Controller shall also have the authority to order or direct the wire
transfer of Indian Housing Block Grant funds or any other HUD funds held in
any account or accounts of the Muscogee (Creek) Nation and/or to the appropriate account or accounts of the Housing Authority of the Creek Nation of
Oklahoma, Inc. Provided, however, with respect to wire transfers to accounts
of the Housing Authority of the Creek Nation of Oklahoma, Inc., any single wire
transfer of such funds exceeding two hundred fifty thousand dollars ($250,000)
or any series of wire transfers of such funds occurring within any twenty-four
(24) hour period which in the aggregate exceed two hundred fifty thousand
dollars ($250,000) shall require the prior written approval by the Principal
Chief or, if the Principal Chief is absent or unavailable, by the officer of the
Nation designated in writing for such purposes by the Principal Chief for the
duration of the Principal Chief’s absence or unavailability. The Controller shall
not effect wire transfers of the Nation’s funds to vendors, obligees or any other
entities other than the Housing Authority of the Creek Nation of Oklahoma,
Inc., unless the transfer has been approved in writing by the Principal Chief
prior to the transfer of funds.
E. In furtherance of the duties and responsibilities imposed upon the Office
of the Controller under the provisions of this Act, the Controller shall have the
authority to:
155
Title 37, § 2–717
TRIBAL GOVERNMENT
1. Establish, with the written approval of the Principal Chief, appropriate
accounts for the deposit and proper management of the Nation’s funds at one
or more banking, investment and/or other financial institutions which the
Controller determines to be sound in financial condition;
2. Execute on behalf of the Muscogee (Creek) Nation, any appropriate
agreements, bank account forms and other documents necessary for establishing such accounts; the Controller shall have the authority to execute such
account agreement forms and documents whether or not the forms and
documents provide for arbitration of disputes between the Nation and the
banking, investment, or other financial institution and whether or not the forms
and documents are to be construed by and governed in accordance with laws
other than the Muscogee (Creek) Nation’s laws; provided there is an absence of
Muscogee (Creek) Nation law applicable to banking and/or financial investments and, provided further that a copy of the agreement or document
containing an arbitration clause or choice of law provision must also be
executed by the Principal Chief, and provided further that a copy of the
agreement or document so executed shall be forthwith delivered to the Speaker
of the National Council. The National Council hereby irrevocably and expressly grants a waiver of the Muscogee (Creek) Nation’s sovereign immunity from
suit, with respect to specific enforcement of the arbitration clause or choice of
law provision found in the bank, investment or financial institution’s forms or
documents only in the Muscogee (Creek) Nation District Court or in a United
States District Court in Oklahoma, provided that such waiver shall not extend
to disputes between the Muscogee (Creek) Nation and any person or entity
other than the bank, investment or financial institution named in said forms or
documents; and provided further that such waiver of sovereign immunity shall
constitute the Muscogee (Creek) Nation’s consent to suit by the bank, investment or financial institution for the limited purpose of collection of the
Muscogee (Creek) Nation’s financial obligations to the bank, investment or
financial institution established under the forms or documents from the funds
of the Muscogee (Creek) Nation that are not subject to restrictions by law of the
Muscogee (Creek) Nation or other governmental authority, and shall not be
construed as granting a waiver for the purpose of obtaining a court judgement
or order requiring payment from, delivery of, or otherwise affecting any other
funds or assets of the Muscogee (Creek) Nation, or any real property, personal
property or chattels of the Muscogee (Creek) Nation or any entities, agencies or
political subdivisions of the Muscogee (Creek) Nation, or any other funds
belonging to, or owed to, owned by, held in trust for, administered by or under
the control of the Muscogee (Creek) Nation or any entities, agencies or political
subdivisions of the Muscogee (Creek) Nation; and provided further that nothing in this limited waiver of sovereign immunity shall be construed as allowing
any award of punitive damages or exemplary damages against the Muscogee
(Creek) Nation.
3. Designate the persons who shall have signature authority on such accounts with the approval of the Principal Chief and consistent with the
provisions of this section.
The National Council may from time to time, enact Tribal Resolutions which
may be used and submitted by the Controller as evidence of his or her authority
156
Title 37, § 2–801
BUDGET AND FINANCE
to establish accounts with banking, investment, or other financial institutions.
Provided, however, no such Resolution shall be construed to authorize the
Controller to use, expend, manage, or invest the funds placed in any such
account in any manner which would be inconsistent with the provisions of this
Act or contrary to applicable law.
F. The provisions of this section shall not apply to funds or accounts which,
pursuant to the provisions of duly enacted laws of the National Council, are
placed under the independent control of boards of authorities of the Muscogee
(Creek) Nation.
[NCA 88–70, § 120, added by NCA 92–13, § 101, approved April 1, 1992; amended by
NCA 99–76, § 105, approved July 1, 1999; NCA 03–127, § 1, approved July 7, 2003;
NCA 08–175, § 1, approved Nov. 3, 2008.]
1 Native American housing assistance and self-determination, see 25 U.S.C.A. § 4101 et seq.
Library References
Indians O142, 210, 215.
Westlaw Topic No. 209.
C.J.S. Indians §§ 11, 37 to 38, 57 to 59, 66 to
72.
Code of Federal Regulations
Native American housing assistance, see 24 CFR 1000.1 et seq.
§ 2–718. Cash receipts and petty cash management
The National Council hereby authorizes the Controller to maintain policies
required to meet the guidelines of generally accepted accounting principles for
the centralization of cash receipts and petty cash management.
[NCA 01–203, § 3, approved Nov. 9, 2001.]
§ 2–719. Salary
The salary of the full-time position of Controller shall be increased from the
present level to ninety-five thousand dollars ($95,000.00) annually to be funded
from indirect cost at one hundred percent (100%).
[NCA 92–48, § 103, approved April 1, 1992; amended by NCA 02–096, § 1; NCA
06–056, § 5, approved May 8, 2006.]
SUBCHAPTER 8. OFFICE OF INTERNAL
AUDIT AND COMPLIANCE
Section
2–801. Office of Internal Audit and Compliance.
2–802. Internal auditor and compliance.
2–803. Audits and reporting.
§ 2–801. Office of Internal Audit and Compliance
There is hereby created with in the Office of the Treasury an Office of
Internal Audit and Compliance.
[Added by NCA 05–083, § 2, approved May 6, 2005.]
157
Title 37, § 2–801
TRIBAL GOVERNMENT
Library References
Indians O210, 215.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 2–802. Internal auditor and compliance
A. Duties. The Office of Internal Audit and Compliance shall perform
reviews and compliance checks on all programs and enterprises operated by
the Muscogee (Creek) Nation to insure compliance with all Tribal and federal,
and where applicable, state laws. The Office of Internal Audit and Compliance
shall provide assistance and support to the Office of the Controller in and
during the engagement of independent auditors for the purpose of compliance
with OMB Circular A–133, The Single Audit Act, and shall also provide
technical assistance in the resolution and prevention of any disclosed findings
as a result of any independent audit. For the purpose of this subchapter,
Nation programs shall include any board, division, program, enterprise or
entity under the jurisdiction of the Nation.
B. Personnel. The Office of the Controller shall be responsible for development of appropriate job descriptions for the staffing of the Office of Internal
Audit and Compliance, provided that said job descriptions for the position of
auditor(s) shall require no less than a Bachelors degree in Business Administration or Accounting. The Office of Internal Audit and Compliance may, as
necessary, provide support and technical assistance to other auditors and law
enforcement agencies of the Nation, and to the Public Accountant, whose
position was created by MCNCA Title 11, Section 6–303.D.
[Added by NCA 05–083, § 2, approved May 6, 2005.]
Library References
Indians O210.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
§ 2–803. Audits and reporting
A. Audits. Audits and compliance reviews shall be performed on each
Nation Program on an ongoing basis. Emphasis will be given to known audit
findings to ensure that such findings are not recurrent. Other programs will be
reviewed by random selection. Addition audits may be performed in response
to requests by the Office of the Principal Chief, the National Council, or the
Judicial Branch of the Muscogee (Creek) Nation.
B. Reporting. Reports of potential audit findings or non-compliance shall
be reported to the Controller, Program Manager and the Division Director. In
the event that the program or agency does not provide adequate response to
such reports, the Office of Internal Audit and Compliance shall forward the
report to the Office of the Principal Chief and to the Executive Director.
Reports will be made available to the National Council and to the Office of the
Attorney General upon request. Discovery of any potential criminal activity
shall be reported immediately to the Controller, Office of Principal Chief, and
to the appropriate Tribal law enforcement agency.
[Added by NCA 05–083, § 2, approved May 6, 2005.]
158
Title 37, § 2–803
BUDGET AND FINANCE
Library References
Indians O210.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
159
CHAPTER 3.
EMPLOYEES
Subchapter
1. Boards, Authorities and Courts, Employment of Members Prohibited
2. Indian Preference
3. Disclosure of Names, Grades and Compensation
4. Employees Violating Law
5. Employee Protection
6. Politically Discharged Employees
7. Drug Testing Policy
8. Drug-Free Workplace
9. Minimum Hourly Wage
SUBCHAPTER 1. BOARDS, AUTHORITIES AND COURTS,
EMPLOYMENT OF MEMBERS PROHIBITED
Section
3–101. Prohibition.
3–102. Resignation required.
3–103. Exemption.
Cross References
Election Board members, removal for violation of this subchapter, see Title 19, § 2–108.
§ 3–101. Prohibition
Effective May 25, 1981, no citizen of the Muscogee (Creek) Nation or other
person who is employed by the Muscogee (Creek) Nation, or by any board or
authority of the Muscogee (Creek) Nation, or by the Creek Nation Foundation
Inc. shall be appointed to any board or authority of the Muscogee (Creek)
Nation, or to any court of the Muscogee (Creek) Nation, with the exception of
Chartered Muscogee (Creek) Indian Communities provided that the said Chartered Indian Community adopts by way of Constitution and bylaws Title 37,
§ 3–102C.
[NCA 81–60, § 101, approved June 8, 1981; amended by NCA 05–006, § 3, approved
Feb. 9, 2005.]
Library References
Indians O210, 214, 222, 224.
Judges O4.
Westlaw Topic Nos. 209, 227.
C.J.S. Indians §§ 32 to 35, 57 to 59, 62, 66 to
72, 180.
C.J.S. Judges §§ 28 to 35, 38 to 39.
§ 3–102. Resignation required
A. Any person who holds office as a member of any board, authority or
court of this Nation, who shall hereafter be offered employment with the
Muscogee (Creek) Nation, or with any board or authority of the Muscogee
(Creek) Nation, or with the Creek Nation Foundation, Inc. with the exception of
the Chartered Muscogee (Creek) Indian Communities shall be required to
resign such membership prior to employment.
160
Title 37, § 3–202
EMPLOYEES
B. Resignation under subsection A of this section may be conditional upon
employment, and may be effective upon the initial date of employment.
C. Any person who holds office as a member of a Chartered Muscogee
(Creek) Indian Community Board shall recuse themselves from any vote in the
event that a conflict of interest occurs in regard to their position of employment
with the Muscogee (Creek) Nation.
[NCA 81–60, §§ 102, 103, approved June 8, 1981; amended by NCA 05–006, § 4,
approved Feb. 9, 2005.]
Library References
Indians O210, 222, 224.
Judges O10.
Westlaw Topic Nos. 209, 227.
C.J.S. Indians §§ 32 to 35, 57 to 59, 62, 66 to
72, 180.
C.J.S. Judges §§ 52 to 54, 68 to 69.
§ 3–103. Exemption
This subchapter shall not apply to the Executive Director of the Muscogee
(Creek) Nation in his or her membership on the Board of Directors of Creek
Nation Foundation, Inc.
[NCA 81–60, § 104, approved June 8, 1981.]
SUBCHAPTER 2.
INDIAN PREFERENCE
Section
3–201. Title.
3–202. Applicability.
3–203. Preference.
3–204. Definition.
3–205. Muscogee (Creek) preference.
3–206. Employment prior to February 28, 1981.
3–207. Penalties.
Cross References
Buy Creek Act, procurement, see Title 32, § 1–101 et seq.
Local Hire Act, procurement, see Title 32, § 2–101 et seq.
Prosecutor, Assistant Prosecutor and Indigent Defense Attorney, preferences in selection, see Title
14, § 1–206.
§ 3–201. Title
This subchapter shall be known as the Indian Preference Law.
[NCA 81–40, § 101, approved March 2, 1981.]
Library References
Indians O213, 222, 224.
Westlaw Topic No. 209.
C.J.S. Indians §§ 32 to 35, 59 to 62, 67, 180.
§ 3–202. Applicability
A. This subchapter shall be binding upon every executive legislative, judicial
and independent agency of the Muscogee (Creek) Nation, unless prohibited by
161
Title 37, § 3–202
TRIBAL GOVERNMENT
federal law. The Principal Chief is required to regularly report federal laws
limiting the ability of the Nation to employ Indian people to the National
Council.
B. This subchapter shall be effective concerning all hiring, promotion and
transfer of employment of the Muscogee (Creek) Nation.
[NCA 81–40, §§ 102, 105, approved March 2, 1981.]
Library References
Indians O213, 222, 224.
Westlaw Topic No. 209.
C.J.S. Indians §§ 32 to 35, 59 to 62, 67, 180.
§ 3–203. Preference
The Muscogee (Creek) Nation shall prefer to employ Indians (as defined by
Title 37, § 3–204) in all positions where:
A. An Indian applicant is equally or more qualified than a non-Indian
applicant, or
B. An Indian applicant is capable of being trained on the job to perform the
required job duties within a sixty (60) day period, or
C. A position description requires that the employee speak and/or understand the Mvskoke (Muscogee) or Yuchi language, to be familiar with the
culture or government of the Muscogee (Creek) people, or other qualifications
which can be met only by the employment of qualified Indian people, or
D. Unless the prior and express consent of the National Council and
Principal Chief is obtained by law, in the following specified positions:
1. Executive Director
2. Director
3. Manager
[NCA 81–40, § 103, approved March 2, 1981.]
Library References
Indians O213, 222, 224.
Westlaw Topic No. 209.
C.J.S. Indians §§ 32 to 35, 59 to 62, 67, 180.
§ 3–204. Definition
The word ‘‘Indian,’’ as used in this subchapter, shall mean:
A. An enrolled Muscogee (Creek) Indian.
B. An enrolled member or citizen of any federally recognized Indian tribe,
nation, band pueblo, rancheria or Alaskan Native Village, whose enrollment
certifies them to be one-quarter (1/4th) or more Indian by blood, unless such a
person is an unenrolled Muscogee (Creek) Indian.
[NCA 81–40, § 104, approved March 2, 1981.]
§ 3–205. Muscogee (Creek) preference
In all personnel decisions involving hiring, promotion, and/or reduction in
force, a preference shall be required for the employment of enrolled Muscogee
162
Title 37, § 3–301
EMPLOYEES
(Creek) Indians by blood whenever such persons are equally qualified with
other applicants or personnel.
[NCA 81–40, § 104, approved March 2, 1981; amended by NCA 81–72, § 101, approved
June 27, 1981.]
Library References
Indians O213, 222, 224.
Westlaw Topic No. 209.
C.J.S. Indians §§ 32 to 35, 59 to 62, 67, 180.
§ 3–206. Employment prior to February 28, 1981
This subchapter shall not require the discharge of any person or persons who
were employed by the Muscogee (Creek) Nation prior to February 28, 1981.
[NCA 81–40, § 106, approved March 2, 1981.]
Library References
Indians O213, 222, 224.
Westlaw Topic No. 209.
C.J.S. Indians §§ 32 to 35, 59 to 62, 67, 180.
§ 3–207. Penalties
Any hiring, promotion, transfer, salary increase or wage adjustment granted
by the Muscogee (Creek) Nation which is contrary to the terms of this subchapter shall be construed as a separate violation for each such action granted.
Each separate violation of this subchapter shall require immediate dismissal of
the unqualified employee, and shall subject all approving administrative personnel to a maximum penalty of two hundred dollars ($200.00) as determined
by the Courts of the Muscogee (Creek) Nation.
[NCA 81–40, § 108, approved March 2, 1981.]
Library References
Indians O213, 222, 224.
Westlaw Topic No. 209.
C.J.S. Indians §§ 32 to 35, 59 to 62, 67, 180.
SUBCHAPTER 3. DISCLOSURE OF NAMES,
GRADES AND COMPENSATION
Section
3–301. Information to be provided.
§ 3–301. Information to be provided
Within ten (10) days of February 25, 1989 and on July 31 each year thereafter
the Principal Chief shall submit to the National Council the following information:
A. A list of all Tribal positions and the names, grades and step levels of
persons in those positions. Such list shall be published in the Muscogee Nation
News.
163
Title 37, § 3–301
TRIBAL GOVERNMENT
B. A list of all Tribal positions and the compensation being paid for those
positions. This shall include salaries, wages, stipends or any other compensation that is paid to any person under the jurisdiction of the Muscogee (Creek)
Nation.
[NCA 89–07, § 102, veto overridden Feb. 25, 1989.]
Library References
Indians O210, 216.
Westlaw Topic No. 209.
C.J.S. Indians §§ 57 to 59, 66 to 72.
SUBCHAPTER 4.
EMPLOYEES VIOLATING LAW
Section
3–401. Violation of Constitution or law.
§ 3–401. Violation of Constitution or law
Any Creek Nation employee who violates the Creek Nation Constitution or
any Creek Nation Tribal law is subject to termination from Creek Nation
employment.
[NCA 88–73, § 102, veto overridden Jan. 28, 1989.]
Library References
Indians O214, 224.
Westlaw Topic No. 209.
C.J.S. Indians § 59.
SUBCHAPTER 5.
EMPLOYEE PROTECTION
Section
3–501. Definitions.
3–502. Other employee rights.
3–503. Prohibited acts.
3–504. Bad faith on part of employee.
3–505. Employee at will doctrine not impliedly abolished.
3–506. Notification of employees.
3–507. Procedures for filing application for review of adverse employment action.
3–508. Investigation and conference procedures.
3–509. Request for hearing.
3–510. Formal adjudicatory proceedings.
3–511. Appeal of adjudicatory proceedings.
3–512. Employee Protection Commission.
3–513. Powers and duties of Commission.
Historical and Statutory Notes
NCA 95–07, § 101, provides:
‘‘Findings:
‘‘The National Council Finds That:
‘‘A. The Muscogee (Creek) National Council
finds that it is in the interest of the citizens of
the Muscogee (Creek) Nation (hereinafter ‘‘Nation’’) that illegal, unethical, dishonest, or improper conduct by any branch, agency, or department of the Nation; or by any person
within such branch, agency, or department; or
by any person hired to perform services for
164
EMPLOYEES VIOLATING LAW
any such branch, agency, or department, be
prevented.
‘‘B. The Muscogee (Creek) National Council
finds that the efficiency and effectiveness of
operation of the Nation, its branches, agencies,
and departments, is maximized by the elimination therein of all such illegal, unethical, dishonest, or improper conduct.
‘‘C. The Muscogee (Creek) National Council
believes that one primary interest of any government or governmental branch, agency, or department should be that it have credibility and
Title 37, § 3–501
good standing both with its own citizens and
those who are citizens and officials of other
governments; and that such credibility and
good standing are materially advanced when
steps are taken to eliminate illegal, unethical,
dishonest, or improper conduct.
‘‘D. That an important component of the
elimination of illegal, unethical, dishonest, or
improper conduct within government is the
ability of government personnel to report such
conduct to the proper channels without fear of
retaliation or reprisal.’’
§ 3–501. Definitions
A. ‘‘Adverse employment action’’ shall be interpreted to include discharge
or termination, whether actual or constructive; suspension, whether with or
without pay; transfer; demotion; denial or reduction in wages or benefits;
interference with the exercise of any right provided by this subchapter or any
other statute of the Muscogee (Creek) Nation; or any act which otherwise
adversely impacts an Employee’s compensation, terms, conditions, or privileges
of employment. This shall also be interpreted to include threats of such
actions, and offers of bribes to do or not do particular actions. It shall also
refer to omissions, where the natural and probable result of such omission is an
adverse impact upon the employee’s compensation, terms, conditions, or privileges of employment.
B. ‘‘Direct cause’’ of an act or omission shall be interpreted to mean that
the act or omission would not have occurred but for the cause in question.
C. ‘‘Employee’’ shall be interpreted to include, without limitation, all officers (with the exception of elected officials)and employees of the Muscogee
(Creek) Nation; all managers and employees of chartered communities, Muscogee (Creek) Nation bingo halls and smoke shops; and officers and employees of
all Muscogee (Creek) Nation governmental agencies, branches, boards, committees, entities or related subdivisions, including the Creek Nation Foundation
and employees of the Creek Nation Housing Authority, and thereof, whether
now in existence or to exist in the future. The Creek Nation Housing Authority
Office of Personnel shall implement this subchapter under the direction of the
Creek Nation Personnel Office.
D.
‘‘Illegal motive’’ shall be interpreted to include the following:
1. An intention to retaliate or take reprisal against an employee for providing information or inducing another to provide information to the office of the
Attorney General of the Muscogee (Creek) Nation, regarding any possible
illegal, unethical, dishonest, or improper conduct by any other employee;
2. An intention to retaliate or take reprisal against an employee for providing information or inducing another to provide information to the office of the
Attorney General of the Muscogee (Creek) Nation, regarding any adverse
actions which have been taken in reprisal or retaliation for any action protected
under this subchapter; or
165
Title 37, § 3–501
TRIBAL GOVERNMENT
3. An intention to interfere with an employee’s exercise of any other right
granted by this subchapter, or by any other statute of the Muscogee (Creek)
Nation, whether present or future.
[NCA 95–07, § 102, eff. Feb. 13, 1995 (unsigned); amended by NCA 95–92, § 102, eff.
Sept. 10, 1995 (unsigned); NCA 95–93, § 102, eff. Sept. 10, 1995 (unsigned).]
Library References
Indians O224.
Westlaw Topic No. 209.
§ 3–502. Other employee rights
In addition to the employee rights provided by Title 37, § 3–501, employees
shall have the following rights pursuant to this subchapter:
A. The right to call any illegal, unethical, dishonest, or improper acts of
another employee to the attention of a supervisor;
B. The right to call any dangerous working condition to the attention of a
supervisor, or to request an inspection of a dangerous working condition:
provided, that this subsection shall not be construed to require such an
inspection to be automatically granted upon request;
C. Making statements or testifying, or agreeing to do so voluntarily or in
response to a subpoena, in any informal or formal adjudicatory proceeding,
informal conference proceeding, rulemaking proceeding, investigation or inspection by a governmental agency or body of the Muscogee (Creek) Nation, or
judicial proceeding; or
D. Exercising rights granted under this subchapter on behalf of another
employee.
[NCA 95–07, § 103, eff. Feb. 13, 1995 (unsigned).]
Library References
Indians O224.
Westlaw Topic No. 209.
§ 3–503. Prohibited acts
It shall be unlawful, and redressable as hereafter provided in this subchapter,
for any employee to take any adverse employment action with regard to
another employee, the direct cause of which is an illegal motive on the part of
the actor.
[NCA 95–07, § 104, eff. Feb. 13, 1995 (unsigned).]
Library References
Indians O224.
Westlaw Topic No. 209.
§ 3–504. Bad faith on part of employee
Nothing in this subchapter shall be construed to protect any action taken
involving deliberate falsehoods on the part of an employee.
[NCA 95–07, § 105, eff. Feb. 13, 1995 (unsigned).]
166
Title 37, § 3–507
EMPLOYEES VIOLATING LAW
Library References
Indians O224.
Westlaw Topic No. 209.
§ 3–505. Employee at will doctrine not impliedly abolished
Nothing in this subchapter shall be construed to abolish the ‘‘employment at
will doctrine’’ for employees affected thereunder, except as specifically provided by this subchapter.
[NCA 95–07, § 106, eff. Feb. 13, 1995 (unsigned).]
Library References
Indians O224.
Westlaw Topic No. 209.
§ 3–506. Notification of employees
Within thirty (30) days of the effective date of this subchapter, the Muscogee
(Creek) Nation Employee Protection Commission shall furnish copies of this
subchapter to all employers, supervisors, departments, agencies, and divisions
which are subject to this subchapter. Said employers, supervisors, departments, agencies, and divisions shall immediately notify all employees under
their authority of the passage and general nature of this subchapter, and shall
make available a copy thereof for review by each employee. In addition, all
new employees shall receive, at the time of hiring, a copy of this subchapter.
[NCA 95–07, § 107, eff. Feb. 13, 1995 (unsigned).]
Library References
Indians O224.
Westlaw Topic No. 209.
§ 3–507. Procedures for filing application for review of adverse employment action
A. Who may file. Any employee, or any authorized representative of
employees, who believes that he/she has been the subject of any action prohibited by Title 37, § 3–503 may file an application for review of the complained-of
act or omission. For purposes of these regulations, an application for review
means the presentation of a written report of discrimination stating the reasons
why the person believes he/she has been discriminated against and the facts
surrounding the alleged discrimination.
B. Where to file. The employee or representative may file the application
for review at the Office of Personnel, which shall maintain a log of all filings.
C. Time for filing. The employee or representative shall file an application
for review within thirty (30) days after the alleged discrimination occurs. An
application is considered filed:
1. On the date delivered if delivered in person to the Office of Personnel, or
2. On the date mailed to the Office of Personnel.
D. Running of the time of filing. The time for filing begins when the
employee knows or has reason to know of the alleged discriminatory activity.
[NCA 95–07, § 108, eff. Feb. 13, 1995 (unsigned).]
167
Title 37, § 3–507
TRIBAL GOVERNMENT
Library References
Indians O224, 430.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.
§ 3–508. Investigation and conference procedures
A. Within seven (7) days after receipt of any application for review, the
Office of Personnel shall mail a copy of the application for review to the person
alleged to have caused the discrimination, shall file the application for review
with the Muscogee (Creek) Nation Tribal Court, and shall notify the employee
and the alleged discriminating person that the Office will investigate the
complaint. The alleged discriminating person may file a response to the
application for review within ten (10) days after he/she receives the copy of the
application for review. The response shall specifically admit, deny or explain
each of the facts alleged in the application unless the alleged discriminating
person is without knowledge in which case he/she shall so state.
B. The Office of Personnel shall initiate an investigation of the alleged
discrimination within thirty (30) days after receipt of the application for review.
The Office shall complete the investigation within sixty (60) days of the date of
the application for review. If circumstances surrounding the investigation
prevent completion within the 60-day period, the Office shall notify the person
who filed the application for review and the alleged discriminating person of
the delay, the reason for the delay, and the expected completion date for the
investigation.
C. Within seven (7) days after completion of the investigation the Office
shall invite the parties to an informal conference to discuss the findings and
preliminary conclusions of the investigation. The purpose of the informal
conference is to attempt to conciliate or resolve the matter. If a complaint is
resolved at an informal conference, the terms of the agreement will be recorded
in a written document that will be signed by the alleged discriminating person,
the employee, and the representative of the Office. If the Office concludes on
the basis of a subsequent investigation that any party to the agreement has
failed in any material respect to comply with the terms of any agreement
reached during an informal conference, the Office shall take appropriate action
to obtain compliance with the agreement.
D. Following the investigation and any informal conference held, the Office
shall complete a written report of investigation which shall include a summary
of the results of the conference. Copies of this report shall be available to the
parties in the case.
[NCA 95–07, § 109, eff. Feb. 13, 1995 (unsigned).]
Library References
Indians O224, 411, 430.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.
§ 3–509. Request for hearing
A. If the Office determines that a violation of this subchapter has occurred
and was not resolved at an informal conference, the Personnel Director shall
168
EMPLOYEES VIOLATING LAW
Title 37, § 3–510
request a hearing on the employee’s behalf before the MCN Employment
Security Commission within ten (10) days of the scheduled informal conference. The parties shall be notified of the determination. If the Personnel
Director declines to request a hearing, the employee shall be notified within ten
(10) days of the scheduled informal conference and informed of his right to
request a hearing on his own behalf.
B. The employee may request a hearing with the MCN Employment Security Commission after sixty (60) days have elapsed from the filing of his/her
application.
[NCA 95–07, § 110, eff. Feb. 13, 1995 (unsigned).]
Library References
Indians O224, 418.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.
§ 3–510. Formal adjudicatory proceedings
A. Formal adjudication of a complaint filed under this subchapter shall be
conducted in the District Court Room of the Muscogee (Creek) Nation by the
Employment Security Commission.
B. A hearing shall be held as promptly as possible consistent with opportunity for discovery provided for under the MCN Rules of Civil Procedure.
C. 1. Upon a finding of a violation under Title 37, § 3–503, the MCN
Employment Security Commission shall order the appropriate affirmative relief
including, but not limited to, the rehiring or reinstatement of the employee or
representative of employees to his/her former position with compensation. At
the request of the employee a sum equal to the aggregate amount of all costs
and expenses including attorneys’ fees which have been reasonably incurred by
the employee for, or in connection with, the institution and prosecution of the
proceedings shall be assessed against the person committing the violation.
Additionally, any person found by the Muscogee (Creek) Nation Employment
Security Commission to have violated the provisions of this subchapter, shall
forfeit his/her position and be ineligible for appointment to or employment in a
position covered by this subchapter for a period not to exceed five (5) years.
2. Upon a finding that there has been no violation under Title 37, § 3–503,
the MCN Employment Commission shall order that a sum equal to the aggregate amount of all costs and expenses including attorneys’ fees which have been
reasonably incurred by the employee charged with having committed the
violation, for or in connection with, the defense of such charges, shall be
assessed against the person filing the complaint. All time spent in the defense
by the person charged with the violation, but not found to be in violation of this
subchapter, shall be reinstated to the employee.
D. Any person filing an application for review under this subchapter shall
do so on his/her own personal time, either on annual leave or leave without
pay; nor can the employee utilize his/her office equipment or staff to assist in
any part of the preparation for filing an application for review. If the Court
rules in favor of the employee filing the application, he/she shall be reinstated
169
Title 37, § 3–510
TRIBAL GOVERNMENT
their time which was required for the filing and preparation of the application
for review.
[NCA 95–07, § 111, eff. Feb. 13, 1995 (unsigned); amended by NCA 95–93, §§ 103, 104,
eff. Sept. 10, 1995 (unsigned).]
Library References
Indians O224, 418, 422.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.
§ 3–511. Appeal of adjudicatory proceedings
The decision of the Commission may be appealed by any party by the filing of
a verified petition in a District Court of the Muscogee (Creek) Nation.
[NCA 95–07, § 112, eff. Feb. 13, 1995 (unsigned).]
Library References
Indians O224, 433, 434.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.
§ 3–512. Employee Protection Commission
There is hereby created an agency of the Muscogee (Creek) Nation, which
shall be called the Muscogee (Creek) Nation Employee Protection Commission
(hereinafter ‘‘Commission’’). There shall be three (3) positions for members of
the Commission. One (1) member shall be the Principal Chief’s designee; one
(1) member shall be a designee of the Supreme Court, selected by the Justices
of that Court; the Speaker of the National Council’s designee.
[NCA 95–07, § 113, eff. Feb. 13, 1995 (unsigned).]
Library References
Indians O224.
Westlaw Topic No. 209.
§ 3–513. Powers and duties of Commission
The Commission shall have the following powers and duties:
A. To receive, review, investigate, and act upon complaints by employees of
adverse employment actions which are alleged to violate Title 37, § 3–503;
B. To hold informal meetings in order to resolve the matter by means of a
conciliation agreement, and to take actions necessary to enforce the same;
C. To hold formal hearings when necessary under the provisions of this
subchapter, for the adjudication of claims of violations of this subchapter;
D. To enter orders for appropriate relief, or to deny relief, when justified by
the law and evidence;
E. To take actions, including but not limited to filing suit in the District
Court of the Muscogee (Creek) Nation, to enforce its own orders and adjudications; and
170
EMPLOYEES VIOLATING LAW
Title 37, § 3–602
F. To formulate and adopt rules and regulations, and to take any other
action, not inconsistent with this subchapter or any statute of the Muscogee
(Creek) Nation, which is necessary and proper in aiding the Commission in
carrying out its duties and exercising its powers conferred herein.
G. To hire a recording secretary whose compensation shall be forty-five
dollars ($45) a meeting. The Secretary shall not be an employee of the
Muscogee (Creek) Nation. The Secretary shall provide the equipment necessary for the recording/transcribing of minutes of the Commission meetings.
[NCA 95–07, § 114, eff. Feb. 13, 1995 (unsigned); amended by NCA 95–131, § 102,
approved Oct. 31, 1995.]
Cross References
Budget, Employee Protection Commission, Recording Secretary compensation, see Title 37,
§ 2–111.
Library References
Indians O224, 418, 422.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.
SUBCHAPTER 6.
POLITICALLY DISCHARGED EMPLOYEES
Section
3–601. Right of action.
3–602. Court hearing; reinstatement.
§ 3–601. Right of action
Any employee who is discharged or removed from office for the following
reasons:
A. Refusal to contribute any money or thing of value to a political candidate,
whether directly or indirectly, or
B. Refusal to be active or participate in any political contest or any election
in the Muscogee (Creek) Nation, or
C. Refusal to use Muscogee (Creek) Nation equipment or supplies in support of a candidate in any political contest or election
Shall be entitled to bring a suit in the District Court of the Muscogee (Creek)
Nation for reinstatement.
[NCA 91–78, § 101, veto overridden Oct. 19, 1991.]
Library References
Indians O213, 224, 507, 533.
Westlaw Topic No. 209.
C.J.S. Indians §§ 59 to 61, 151 to 179.
§ 3–602. Court hearing; reinstatement
The District Court shall hear a discharged employee’s complaint and if the
court finds the discharged employee was discharged for refusing to contribute
171
Title 37, § 3–602
TRIBAL GOVERNMENT
to or participate in a political campaign for any candidate for public office, the
court shall order the discharged employee reinstated to his former position of
employment.
[NCA 91–78, § 102, veto overridden Oct. 19, 1991.]
Library References
Indians O213, 224, 518, 533.
Westlaw Topic No. 209.
C.J.S. Indians §§ 59 to 61, 151 to 179.
SUBCHAPTER 7.
DRUG TESTING POLICY
Section
3–701. Drug policy defined.
3–702. Definitions.
3–703. Notice of drug convictions.
3–704. Drug testing of Muscogee (Creek) Nation employees.
3–705. Reasonable individualized suspicion.
3–706. Notification of employee.
3–707. Testing procedure.
3–708. No protection from law enforcement agencies.
3–709. Method of analysis.
3–710. Sample collected for employee to challenge test results.
3–711. Grievances.
3–712. Attempting to supply ‘‘clean’’ urine sample or tampering with urine sample.
3–713. Refusal to submit to drug testing.
3–714. Privacy of drug testing results.
3–715. Use by Nation of drug testing results.
3–716. Searches.
3–717. Administrative procedures.
Cross References
Drug offenses, see Title 14, § 2–701 et seq.
§ 3–701. Drug policy defined
It is the policy of the Muscogee (Creek) Nation that the consumption of illegal
drugs and the abuse of legal drugs while in the work place and intoxication by
illegal drugs and the abuse of legal drugs when at work represent a violation of
the law and may also represent a threat to personal and public safety and
property. Abuse and use of such substances can grossly diminish the productivity and reliability of employees thereby violating a public trust placed in
public employees. Therefore, such behavior shall not be tolerated and the
Muscogee (Creek) Nation will administer a program to educate employees
about the hazards of drug usage and to eliminate drug usage amount by
employees.
[NCA 93–42, § 101, approved July 12, 1993.]
Library References
Indians O224.
Westlaw Topic No. 209.
172
EMPLOYEES—DRUG TESTING POLICY
Title 37, § 3–705
§ 3–702. Definitions
A. Illegal drugs or intoxicating substances are those classified or scheduled
drugs for which a criminal penalty can be incurred for use, sale or distribution.
Ingesting legal substances as inhalants, propellants, or volatile substances, for
their intoxicating effects is included.
B. Legal drugs can include alcohol plus prescription medication which has
not been prescribed for the employee, or has not been prescribed for the
amount obtained by the employee, or is not being used at the dosage prescribed
for the employee and has an intoxicating and/or potentially addicting effect.
[NCA 93–42, § 101, approved July 12, 1993.]
§ 3–703. Notice of drug convictions
It shall be required as a condition of employment that an employee will notify
their Department Head in writing of any criminal drug statute conviction, no
later than five (5) days after such conviction.
[NCA 93–42, § 101, approved July 12, 1993.]
Library References
Indians O224.
Westlaw Topic No. 209.
§ 3–704. Drug testing of Muscogee (Creek) Nation employees
Drug tests by urinalysis test for the purpose of detecting the use of illegal
classified or scheduled drugs and the abuse of legal drugs by any classified,
appointed, temporary or law enforcement employee is deemed as reasonable
and within policy when there is reasonable individualized suspicion of drug
use.
[NCA 93–42, § 102, approved July 12, 1993.]
Library References
Indians O224.
Westlaw Topic No. 209.
§ 3–705. Reasonable individualized suspicion
Drug tests may be administered to Muscogee (Creek) Nation employees by
urinalysis test and results used as a basis for disciplinary action when there is
reasonable individualized suspicion of intoxication by legal or illegal drugs
based on:
A. Odors or other direct physical signs of legal or illegal drug use immediately perceivable by the senses, or
B. Physical presence of legal or illegal intoxicating substances or containers
or paraphernalia commonly associated with the use of such substances, or
C.
Direct witnessing of the consumption of intoxicating substances, or
D. Marked changes in an employee’s behavior such as extreme excitability,
strong and inappropriate feelings of euphoria, or uncontrollable drowsiness or
inattention, or
173
Title 37, § 3–705
TRIBAL GOVERNMENT
E. Suspicion that such drug use has occurred or is ongoing. Testing for
drug use based on suspicion yet not based on direct and immediate physical or
behavioral evidence, must only be conducted when there is sufficient confidence in the information leading to such suspicion.
[NCA 93–42, § 102, approved July 12, 1993.]
Library References
Indians O224.
Westlaw Topic No. 209.
§ 3–706. Notification of employee
Any Muscogee (Creek) Nation employee must be informed of the possibility
that they could undergo drug tests by urinalysis test for illegal classified or
scheduled drugs and legal drugs before any such urinalysis test may actually be
conducted. See Exhibit A, attached hereto.
Exhibit A.
Sample Letter
NOTICE TO EMPLOYEE SUBJECT TO [REASONABLE SUSPICION]
TESTING FOR ILLEGAL DRUGS
[Date]
Subject: Notice of Reasonable Suspicion Testing for Illegal Drugs From:
[Supervisor/Management Official]
To: [Employee]
It has been determined by [agency/special district] officials that sufficient
grounds exist to authorize collection of a urine specimen from you on the basis
of reasonable suspicion. Collection procedures under reasonable suspicion
testing will require you to provide a specimen under direct observation.
[NOTE: The supervisor/management official MUST provide a separate statement describing all relevant circumstances which formed the basis for the
decision to conduct reasonable suspicion drug testing.]
Drug testing for the [agency/special district] is performed through urinalysis
by [an independently contract laboratory certified by the Department of Defense]. The testing methodology reflects the scientific and technical procedures
necessary to assure the results are highly reliable and accurate. These procedures will include an initial screen of the urine sample and if the results are
positive, the test will be confirmed by another method. You will be given an
opportunity to list all prescription and over-the-counter drugs that could affect
the outcome of the drug test and which may be identified through the confirmation process.
To assure that the sample collected from you is not confused with any other
sample, strict procedures will be used when collecting, transferring, and testing
the specimen. The total of these procedures is known as the chain of custody.
The test results from your sample will be handled with maximum respect for
individual confidentiality consistent with safety and security.
174
EMPLOYEES—DRUG TESTING POLICY
Title 37, § 3–707
If it has been determined that you are using illegal drugs, you will be subject
to disciplinary measures, including termination.
Refusal to submit to testing or failure to cooperate with the collection
procedures will be grounds for disciplinary action.
If you have other questions, please contact [appropriate individual].
[NCA 93–42, § 103 and Exhibit A, approved July 12, 1993.]
Library References
Indians O224.
Westlaw Topic No. 209.
§ 3–707. Testing procedure
A. When urinalysis or blood test is to be conducted for reasonable individualized suspicion, the supervisor in charge will advise the employee that the
employee is suspected of being under the influence of intoxicants. The supervisor will advise the employee that if such intoxication is confirmed, that the
employee may be dismissed. The supervisor shall notify their higher level
supervisor that an employee is being asked to submit to a drug test.
B. If the employee is ambulatory, the employee’s supervisor will transport
the employee to the Medical Division where a urinalysis test will be conducted.
The exempt supervisor will witness the consent form and supply a written
statement outlining the reasons for requesting the drug tests.
C. 1. If the urinalysis test results are determined to be positive and if the
employee is a current participant in the Employee Assistance Program (EAP)
for substance abuse, the employee may be suspended, demoted, or terminated
following a pre-action or pre-termination hearing.
2. If the employee is not a participant of the EAP and work rules were
violated in conjunction with a positive drug test, the employee shall be subject
to dismissal following a pre-termination hearing.
3. If the employee is not a participant of the EAP and had a positive drug
test, but did not break other work rules, the appointing authority may suspend,
demote, or dismiss the employee following a pre-action of pre-termination
hearing.
4. Additional factors that shall be considered when determining the disciplinary action shall be the responsibilities of the position, the dangers which the
drug use or intoxication presented, and the past work history of the employee.
5. Continued employment shall be contingent upon the employee agreeing
in writing to undergo periodic drug testing for two (2) years and satisfactorily
participating in the Employee Assistance Program.
D. If substances were detected in the urinalysis test which were allegedly
prescribed for the employee, the employee has twenty-four (24) hours after
learning of the results of the urinalysis test to produce a valid prescription.
Employees who cannot produce a valid prescription will be subject to disciplinary action. The decision to suspend, demote, or dismiss will be based on
criteria set out in the above policy sections.
175
Title 37, § 3–707
TRIBAL GOVERNMENT
E. The exempt supervisor shall be responsible to make a reasonable effort to
insure the employee is safely transported to their place of residence after testing
for drug use has been completed.
F. If an employee is not conscious, the situation will be considered a
medical emergency. The physician will take whatever actions are deemed
necessary, within the scope of professional judgment, to adequately respond to
the emergency.
[NCA 93–42, § 104, approved July 12, 1993.]
Library References
Indians O224.
Westlaw Topic No. 209.
§ 3–708. No protection from law enforcement agencies
No section of this policy is to be interpreted as protecting Muscogee (Creek)
Nation employees from law enforcement agencies or agents wishing to apprehend or investigate Muscogee (Creek) Nation employees for the use, sale, or
distribution of an illegal controlled or scheduled substance as a part of a bona
fide criminal investigation.
[NCA 93–42, § 105, approved July 12, 1993.]
Library References
Indians O224.
Westlaw Topic No. 209.
§ 3–709. Method of analysis
Evidence of drug use will only be considered as valid when both presumptive
and confirmatory analysis methods are used.
[NCA 93–42, § 106, approved July 12, 1993.]
Library References
Indians O224.
Westlaw Topic No. 209.
§ 3–710. Sample collected for employee to challenge test results
Employees wishing to receive urine or blood tests which could be used to
challenge the results of drug test urinalysis must:
A.
Do so at their own expense;
B.
Allow the physician to draw or witness the sample;
C. Have the sample drawn or witnessed within one (1) hour from the time
at which the urine or blood was collected;
D. Arrange for a reputable laboratory of their choosing to collect the sample
directly from the office of the physician for analysis.
[NCA 93–42, § 107, approved July 12, 1993.]
176
EMPLOYEES—DRUG TESTING POLICY
Title 37, § 3–714
Library References
Indians O224.
Westlaw Topic No. 209.
§ 3–711. Grievances
Grievances arising from implementation of this drug testing policy will be
handled through the Muscogee (Creek) Nation Policies and Procedures grievance procedure.
[NCA 93–42, § 107, approved July 12, 1993.]
Library References
Indians O224.
Westlaw Topic No. 209.
§ 3–712. Attempting to supply ‘‘clean’’ urine sample or tampering with
urine sample
Employees found supplying or attempting to supply a ‘‘clean’’ urine sample,
not their own, by whatever means, shall be subject to dismissal. Employees
tampering with their urine sample through the introduction of chemical substances shall be subject to dismissal.
[NCA 93–42, § 108, approved July 12, 1993.]
Library References
Indians O224.
Westlaw Topic No. 209.
§ 3–713. Refusal to submit to drug testing
If reasonable individualized suspicion exists, an employee’s refusal to sign the
consent form, or to submit to drug testing when requested, shall be subject to
disciplinary action that may include dismissal.
[NCA 93–42, § 109, approved July 12, 1993.]
Library References
Indians O224.
Westlaw Topic No. 209.
§ 3–714. Privacy of drug testing results
Employees required to submit to a drug test urinalysis or test shall be
afforded a certain degree of privacy. Only the physician, the departmental
appointing authority, and the Personnel Director or designee are to be made
aware of the results. Urinalysis or blood test results will not be placed in the
employee’s personnel file. The results will be stored at the medical division
and will be purged under authority of the physician every ten (10) years.
[NCA 93–42, § 109, approved July 12, 1993.]
Library References
Indians O224.
Westlaw Topic No. 209.
177
Title 37, § 3–715
TRIBAL GOVERNMENT
§ 3–715. Use by Nation of drug testing results
Drug screen urinalysis or blood test results may be used by the Muscogee
(Creek) Nation for evidential purposes, to support cause for the discharge,
demotion, or suspension of employees; or to demonstrate that a Muscogee
(Creek) Nation employee was acting in a responsible manner when the action
of the employee has been made the subject of litigation.
[NCA 93–42, § 109, approved July 12, 1993.]
Library References
Indians O224.
Westlaw Topic No. 209.
§ 3–716. Searches
Equipment and supplies owned by the Muscogee (Creek) Nation and used by
employees may be searched for drugs upon reasonable individualized suspicion
that drugs will be found in particular equipment or supplies. The personal
effects of employees may only be searched as a part of a bona fide criminal
investigation which could lead to the arrest of the employee.
[NCA 93–42, § 109, approved July 12, 1993.]
Library References
Indians O224.
Searches and Seizures O25, 40.
Westlaw Topic Nos. 209, 349.
C.J.S. Searches and Seizures §§ 17, 20 to 24,
27, 29 to 30, 34 to 41, 43, 45 to 50, 56, 58
to 67, 69, 79, 81 to 82, 84 to 85, 130.
§ 3–717. Administrative procedures
Department heads are responsible for establishing and communicating their
administrative procedures that clearly state probable departmental actions
where drug use has been confirmed.
[NCA 93–42, § 109, approved July 12, 1993.]
SUBCHAPTER 8.
DRUG-FREE WORKPLACE
Section
3–801. Definitions.
3–802. Policy.
3–803. Procedures.
3–804. Suspensions and disciplinary actions.
3–805. External sanctions.
3–806. Counseling and rehabilitation sources; Employee Assistance Program.
3–807. Health risks.
3–808. Investigations.
3–809. Off-the-job drug use.
3–810. Prescribed medical treatment.
3–811. Alcohol use.
3–812. Drug testing.
Historical and Statutory Notes
NCA 93–107, §§ 101, 102, provide:
‘‘§ 101.
178
Findings:
EMPLOYEES—DRUG TESTING POLICY
‘‘The National Council finds that:
‘‘The drug free work place act of 1988, 34
CFR, Part 85, subpart F, requires certification
regarding a drug-free work place. The regulations published January 31, 1989, Federal Register, requires certification by grantee, prior to
award, that they will maintain a drug free work
place.
‘‘§ 102. Purpose and Scope:
‘‘A. The Muscogee (Creek) Nation is committed to providing a safe and healthy work environment for its members and reliable services
to the impact on the tribe and have the potential
Title 37, § 3–802
to affect an individuals ability to perform work
in an efficient and productive manner. A basic
objective of the tribe is to maintain a work
environment free from the effects of drugs or
alcohol abuse or misuse.
‘‘B. The Drug-Free Workplace Act passed by
Congress in 1988 [see 41 U.S.C.A. § 701 et seq.]
requires federal contractors and grantees to certify to the contracting or granting agency that
they will provide a drug-free workplace. This
policy is adopted in order to comply with this
statutory directive.’’
Cross References
Budget, drug-free workplace, see Title 37, § 2–108.
Drug offenses, see Title 14, § 2–701 et seq.
§ 3–801. Definitions
A. Controlled substance—Cocaine, marijuana, opiates, amphetamines and
any other substance designated a ‘‘controlled substance’’ in schedules I through
V of Section 202 of the Controlled Substances Act (231 U.S.C. § 812). Except
peyote—when used by Native American church members of one-quarter (1/4)
blood or more off the job for ceremonial purpose where peyote is a sacrament
or aid to worship.
B. Conviction—A finding of guilt (including judicial acceptance of a plea of
nolo contenders) or imposition of a sentence, or both, by a judicial body
determining violations of federal or non-federal criminal drug statutes.
C. Criminal drug statute—A federal or non-federal criminal statute involving the manufacture, distribution, dispensation, use or possession of any controlled substance.
D. Employee—Shall include all administrative and professional staff, classified, staff, student trainees, management personnel of the Muscogee (Creek)
Nation and any independent agency, or division of the Nation.
E. Illegal drug—Drugs which are illegal under federal, state, or local laws
include, but are not limited to marijuana, heroin, hashish, cocaine, hallucinogens, and depressants and stimulants not prescribed for current personal
treatment by an accredited physician.
F. Project director—The individual having administrative supervision over a
project resulting from a federal grant or contract.
G. Workplace—Muscogee (Creek) Nation owned or controlled property or
the site for performance of work.
[NCA 93–107, §§ 103, 111, approved July 12, 1993.]
Library References
Indians O224.
Westlaw Topic No. 209.
§ 3–802. Policy
In support of this anti-drug abuse legislation, it is the policy of Muscogee
(Creek) Nation to establish and maintain appropriate compliance by:
179
Title 37, § 3–802
TRIBAL GOVERNMENT
A. Publishing and distributing to all employees a written statement regarding this controlled substance prohibition in the workplace, with descriptions of
disciplinary actions which may be taken against employees for violation of such
prohibition. See Appendix A, following Title 37, § 3–812.
B.
Establishing a drug-free awareness program.
C. Notifying the contracting or granting agency within ten (10) days of
receiving notice of an employee’s criminal drug statute conviction for a violation occurring in the workplace.
D. Imposing appropriate administrative disciplinary action on, or requiring
the satisfactory participation in a drug abuse assistance or rehabilitation
program by, any employee who is so convicted or who has otherwise violated
this policy.
E. Making a good-faith continuous effort to maintain a drug-free workplace
through the implementation of the requirements set forth in the Drug-Free
Workplace Act.1
F. Prohibiting the use, possession, manufacture, distribution or dispensation
of any illegal drug, narcotic, or controlled substance while on the job or Tribal
property.
[NCA 93–107, § 104, approved July 12, 1993.]
1 41 U.S.C.A. § 701 et seq.
Library References
Indians O224.
Westlaw Topic No. 209.
§ 3–803. Procedures
A. A copy of the written statement in Appendix A (following Title 37,
§ 3–812), regarding the controlled substance prohibition in the workplace, shall
be disseminated to all current employees, posted in the workplace of each
department of the Nation and given to each new employee.
B. The project director will have the responsibility of explaining this policy
to employees working on a federal contract/grant.
C. An employee shall notify the project director or, in the absence of a
project director, his/her immediate supervisor or other supervisory administrator, of any criminal drug statute conviction for a violation occurring in the
workplace no later than five (5) days after such conviction.
D. The project director shall notify the Department of Grants and Contracts
Administration (GCA) of an employee’s criminal drug statute conviction for a
violation occurring in the workplace. The GCA shall notify the federal contracting or granting agency of such conviction within ten (10) days of the notice
under subsection C of this section or otherwise receiving actual notice of such
conviction. The project director’s notification shall be made in a timely
manner so that GCA may comply with the time requirement set forth herein.
[NCA 93–107, § 105, approved July 12, 1993.]
180
EMPLOYEES—DRUG TESTING POLICY
Title 37, § 3–805
Library References
Indians O224.
Westlaw Topic No. 209.
§ 3–804. Suspensions and disciplinary actions
A. An employee found at any time to have violated the drug-free workplace
policy may be disciplined by Muscogee (Creek) Nation even when the violation
has not resulted in a criminal conviction. Employees may also be temporarily
suspended if such is deemed necessary to protect the best interest and safety of
the Tribe, its components and participants. Further, employees alleged to have
violated this prohibition shall be subject to disciplinary action including, but
not limited to, expulsion, termination of employment, referral for prosecution,
and/or completion, at the individual’s expense, of an appropriate rehabilitation
program. As an alternative to disciplinary action, the Muscogee (Creek) Nation
may require satisfactory participation in a drug abuse assistance or rehabilitation program as a condition to continued employment. The drug abuse
assistance/rehabilitation program shall be one that has been previously approved for such purposes by a federal, state or local health, law enforcement or
other appropriate agency.
B. In determining whether a violation of the drug-free workplace policy has
occurred and the disciplinary action to be imposed as a result of such violation,
relevant provisions of the Employee Handbook shall be followed insofar as
employees are concerned, and the relevant Policy and Procedures Letter(s)
shall be followed insofar as staff employees are concerned.
C. One of the actions set forth in subsection A of this section (i.e., discipline
or satisfactory participation in a drug abuse assistance/rehabilitation program)
shall be taken within thirty (30) days of receiving notice from an employee of a
conviction as provided for in subsection C of Title 37, § 3–803.
D. Failure of an employee to report his/her criminal drug statute conviction
for a violation in the workplace within five (5) days of the conviction is grounds
for dismissal of that employee.
E. For staff employees, appropriate and established leave policies will be
followed or the purposes of such treatment and rehabilitation.
F. Where necessary because of conviction and incarceration, decisions
relative to suspension or dismissal or the granting of leave for treatment will be
determined individually.
[NCA 93–107, § 106, approved July 12, 1993.]
Library References
Indians O224.
Westlaw Topic No. 209.
§ 3–805. External sanctions
Federal law provide for a variety of legal sanctions for the unlawful possession and distribution of illicit drugs. These sanctions include, but are not
limited to incarceration and monetary fines.
[NCA 93–107, § 107, approved July 12, 1993.]
181
Title 37, § 3–805
TRIBAL GOVERNMENT
Library References
Indians O224.
Westlaw Topic No. 209.
§ 3–806. Counseling and rehabilitation sources; Employee Assistance Program
A. The Muscogee (Creek) Nation Employee Assistance Program operated by
the Personnel Services Office may be contacted for preliminary counsel and
advice regarding chemical dependency problems and referral to approved
chemical dependence treatment agencies.
B. There are several programs in the community or nearby that provide
rehabilitation and counseling assistance to drug victims. Employees may
obtain a listing of these programs from the Personnel Services Office. Seeking
help from, being referred to or from these services is confidential, and will not,
along, result in disciplinary action. In addition, the following toll-free, hotline
numbers may be of use to someone needing help or advice:
National Institution on Drug Abuse
National Drug Abuse Hotline
1–800–662–HELP
1–800–241–9746
[NCA 93–107, § 108, approved July 12, 1993.]
Library References
Indians O224.
Westlaw Topic No. 209.
§ 3–807. Health risks
Drug use represent serious threats to health and the quality of life. More
than twenty-five thousand (25,000) people die each year from drug-related
accidents or health problems. With most drugs it is probable that users will
develop psychological and physical dependence. The general categories of
drugs and their effects are as follows:
A. Amphetamines/stimulants—(speed, uppers, crank, caffeine, etc.) speed
up the nervous system which can cause increased hearth and breathing rates,
higher blood pressure, decreased appetite, headaches, blurred vision, dizziness,
sleepiness, anxiety, hallucinations, paranoia, depression, convulsions and death
due to a stroke or heart failure.
B. Anabolic steroids—seriously affect the liver, cardiovascular, and reproductive systems. Can cause sterility in males and females, as well as impotency
in males.
C. Barbiturates/depressants—(downers, quaaludes, valium, etc.) slow down
the central nervous system which can cause decreased heart and breathing
rates, lower blood pressure, slowed reactions, confusion, distortion of reality,
convulsion, respiratory depression, coma, and death. Depressants combined
with alcohol can be lethal.
D. Cannabis—(marijuana, hashish, hash, etc.) impairs short-term memory,
comprehension, concentration, coordination, and motivation. May also cause
182
EMPLOYEES—DRUG TESTING POLICY
Title 37, § 3–810
paranoia and psychosis. Marijuana smoke contains more cancer-causing
agents than tobacco smoke.
E. Cocaine/crack—stimulates the central nervous system and is extremely
addictive, both psychologically and physically. Effects include dilated pupils,
increased heart rate, elevated blood pressure, insomnia, loss of appetite, hallucinations, paranoia, seizures, and death due to cardiac arrest or respiratory
failure.
F. Hallucinogens—(PCP, angel dust, LSD, etc.) interrupt the functions of
the part of the brain which controls the intellect and instincts. May result in
self-inflicted injuries, impaired coordination, dulled senses, incoherent speech,
depression, anxiety, violent behavior, paranoia, hallucinations, increased heart
rate and blood pressure, convulsions, coma, and heart and lung failure.
G. Narcotics—(smack, horse, demerol, percodan, etc.) initially produces
feelings of euphoria often followed by drowsiness, nausea, and vomiting. An
overdose may result in convulsions, coma, and death.
[NCA 93–107, § 109, approved July 12, 1993.]
Library References
Indians O224.
Westlaw Topic No. 209.
§ 3–808. Investigations
All investigations of drug and alcohol abuse or misuse shall be under the
direction of the Personnel Officer. Methods of investigations into suspected
violations of this act may include but not limited to urinalysis drug testing to
detect the presence of drugs or alcohol, and inspections or searches. All
employees shall abide by the terms of this act as a condition of employment and
cooperate fully in investigations of suspected violations of this policy.
[NCA 93–107, § 110, approved July 12, 1993.]
Library References
Indians O224.
Westlaw Topic No. 209.
§ 3–809. Off-the-job drug use
Unlawful involvement with drugs or narcotics while on the job or off is not
acceptable because it can affect the job performance as well as the sensitivity of
our Tribal citizens. The use, possession, manufacture, distribution or dispensation, of illegal drugs, narcotics or controlled substances while on the job or off
is considered a violation of this act and is grounds for disciplinary action up to
and including discharge. Tribal employees will not be permitted to report to
work or perform their duties after having ingested illegal drugs and while
under the influence thereof.
[NCA 93–107, § 111, approved July 12, 1993.]
§ 3–810. Prescribed medical treatment
The use of controlled medication or over-the-counter drugs as part of a
prescribed medical treatment program is naturally not grounds for corrective
183
Title 37, § 3–810
TRIBAL GOVERNMENT
action, but it may be important for supervision to know such is occurring on
order to determine job assignments. Any member undergoing prescribed
medical treatment with a controlled medication that could impair his/her
physical, mental operational faculties shall immediately report this treatment to
his/her supervisor.
[NCA 93–107, § 111, approved July 12, 1993.]
Library References
Indians O224.
Westlaw Topic No. 209.
§ 3–811. Alcohol use
The use of alcohol on the job or Tribal premises is prohibited, and use of
alcohol off the job that adversely affects a member’s job performance is not
acceptable.
[NCA 93–107, § 111, approved July 12, 1993.]
Library References
Indians O224.
Westlaw Topic No. 209.
§ 3–812. Drug testing
A. An employee shall be requested to submit to a urinalysis drug/alcohol
screening test only when there is reasonable individualized suspicion to believe
that employee is intoxicated by drugs or alcohol. These tests will be initiated
by the Personnel Officer within the Executive Branch as deemed necessary on
an individual basis. Additionally drug/alcohol test may be requested following
certain serious accidents as determined by the responsible divisional director or
manager. Refusal to participate in a drug/alcohol test where there is reasonable individualized suspicion or after an accident causing personal injury or
property damage or a positive analytical test result indicating illegal drug use
will result in disciplinary action up to and including discharge.
B. The personnel services administration is hereby charged with the responsibility of negotiating with a reputable firm to provide these type of on site
drug/alcohol urinalysis tests.
[NCA 93–107, §§ 112, 113, approved July 12, 1993.]
Library References
Indians O224.
Searches and Seizures O31, 40.
Westlaw Topic Nos. 209, 349.
C.J.S. Searches and Seizures §§ 3, 21, 51 to
56, 58 to 67, 69, 130.
APPENDIX A
MUSCOGEE (CREEK) NATION
Management Policy & Procedures Letter
MEMORANDUM
TO:
All Employees of the Muscogee Nation
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EMPLOYEES—DRUG TESTING POLICY
Title 37, Ch. 3
Subch. 8, App. A
National Council/Judicial Branch/Independent Agencies
Boards and Commissions
Personnel Services
Contracts and Grants Administration
FROM:
Executive Director
SUBJECT: Drug–Free Work Place Policy Statement
POLICY STATEMENT
In accordance with the Drug-Free Work Place Act of 1988, Muscogee (Creek)
Nation hereby notifies all employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in
the workplace. Any employee found to have violated this prohibition may be
subject to disciplinary action up to and including dismissal or be required to
satisfactorily participate in a drug abuse assistance or rehabilitation program as
a condition of continued employment. The drug abuse assistance/rehabilitation
program shall be one that has been previously approved for such purposes by a
federal state or local health, law enforcement or other appropriate agency. The
imposition of such disciplinary action or requirement to satisfactorily participate in a drug abuse assistance/rehabilitation program is premised solely upon
a violation of this prohibition and does not require a criminal conviction.
As a condition of employment at Muscogee (Creek) Nation all employees will:
1.
Comply with the terms of this statement; and
2. Notify the Muscogee (Creek) Nation in writing (through their immediate
supervisor, other supervisory administrator or project director) of any criminal
drug statute conviction for a violation occurring in the workplace no later than
five (5) days after such conviction.
Such conviction may, of course, result in the employee being disciplined or
required to satisfactorily participate in a drug abuse assistance/rehabilitation
program as specified above. Failure of an employee to report his/her conviction, as required herein, constitutes grounds for dismissal.
As a further requirement of the Drug-Free Work Place Act, the Muscogee
(Creek) Nation has established a drug-free awareness program for the purpose
of informing employees about the dangers of drug abuse in the workplace, the
Mu
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