Cheyenne-Arapaho Tribes of Oklahoma [Law and Order Code]
Last amended: 1988
ORDINANCE NO: 6147001 - AN ORDINANCE ESTABLISHING ORDINANCE PREPARATION, INTRODUCTION AND ADOPTION REGULATIONS
JANUARY 29, 1988
BE IT ORDAINED BY THE BUSINESS COMMITTEE OF THE CHEYENNE-ARAPAHO TRIBES OF OKLAHOMA THAT THIS ORDINANCE ESTABLISHES THE ORDINANCE PREPARATION, REVIEW, POSTING, AND ADOPTION REGULATIONS OF THE GOVERNMENT OF THE CHEYENNE-ARAPAHO TRIBES OF OKLAHOMA
SECTION 1: TITLE
This Ordinance shall be cited as the "Cheyenne-Arapaho Tribal Ordinance Regulations"
SECTION 2: FINDINGS
The Cheyenne-Arapaho Business Committee finds as follows:
(a) The Cheyenne-Arapaho Tribes of Oklahoma has the inherent sovereign power to form its government, administer its own land, and regulate the use of land within the Cheyenne-Arapaho Indian Reservation;
(b) The Cheyenne-Arapaho Tribes of Oklahoma is a federally recognized Tribe with a Constitution and By-Laws approved by the Secretary of the Interior;
(c) The Cheyenne-Arapaho Business Committee is the duly elected representative body of the Cheyenne-Arapaho Tribes of Oklahoma empowered to act in the responsibilities outlined in Article IV, Section 2 through 5
(d) The Cheyenne-Arapaho Business Committee deems it essential to the general orderly management and control of the Ordinances of the Cheyenne-Arapaho Tribal Government to adopt and implement these Ordinance regulations.
SECTION 3: PURPOSE
The purpose of this Ordinance is to regulate the preparation, review, adoption and posting of Ordinances.
SECTION 4: DEFINITIONS
ADOPTION: For the purpose of this Ordinance, this means approval by a majority vote of the Business Committee as provided in Section 7 of this Ordinance and on any future Ordinance
ORDAINED: To Decree; order; establish; enact
ORDINANCE: A direction or command of an authoritative nature. In the United States - A governmental municipal statute or regulation. As used in this document A tribal decree or law.
SEVERABILITY: That which can be severed or divided
TRIBAL HEARINGS: Shall be defined in each Ordinance as some Ordinances may be specific only to a certain location.
SECTION 5: PREPARATION REQUIREMENT
Format: Every ordinance shall be introduced in written or printed form as follows:
(a) Sections 1 through 4 and 8 except that Section 2(d) shall be particular to each separate Ordinance.
(b) Utilize 8 1/2 x 14 sheets (Bond)
(c) Title of Ordinance must be at the heading in ALL CAPS.
(d) The enacting clause of all ordinances shall be: BE IT ORDAINED BY THE BUSINESS COMMITTEE OF THE CHEYENNE-ARAPAHO TRIBES OF OKLAHOMA
SECTION 6: PROCEDURE FOR PASSING ORDINANCES
Except for emergency ordinances, ordinances organizing into codes, and existing ordinances, the following procedure for enactment of ordinances shall be followed:
(a) The ordinance shall be introduced at either a regular or special meeting of the Business Committee by any Business Committee member or members.
(b) The ordinance shall be read in full, and copies of the ordinance shall be made available to the Business Committee and to tribal members at or before the meeting at which the ordinance is introduced.
(c) After the first reading of the ordinance, in accordance with (b) above, it shall be approved with or without amendment, rejected, or tabled by vote of the Business Committee.
(d) If the ordinance is approved on the first reading, it shall promptly be posted in accordance with Section 13 (The Business Committee shall hold a tribal hearing on the ordinance not earlier than four (4) days nor later than thirty (30) days after posting, and notice of the tribal hearing, specifying the day, hour, and place of the same, shall be included in the posting.) PUBLIC HEARINGS FOR THIS ORDINANCE SHALL BE A MEETING IN EACH COMMUNITY BY EACH BUSINESS COMMITTEE MEMBER
(e) If the ordinance is tabled, it shall be reconsidered at subsequent meetings until it is approved with or without amendment, or rejected, by vote of the Business Committee.
(f) If the Ordinance is rejected, the reasons for rejection shall be so noted in the minutes and any reconsideration shall not be presented and reconsidered for six (6) months or for a period of time so designated by the Business Committee.
(g) An ordinance shall be posted by title only, stating that complete copies of the ordinance are available at the offices of the Business Manager, and if the ordinance was amended subsequent to its last previous posting, the posting shall state that it has been amended and shall contain a summary of the subject matter of all amendments. This paragraph shall be applicable and contained in the amendment when pertinent. "Substantive change not made Amendments to ordinances in which the change of language does not change substance will become effective within five (5) days after adoption and will require only the posting of such changes at the four (4) posting locations as specified in SECTION 13, Paragraph c It is sometimes feared that mere changes in terminology and style will result in changes in substance or impair the precedent value of earlier decisions and other interpretations. This fear might have some weight if this were the usual kind of amendatory regulation when it can be inferred that a change of language is intended to change substance. On Amendments, any such lack of concurrence by the unanimous vote of the Business Committee will require that the amended portion be processed in accordance with the previous SECTIONS 6, 7, 8, and 13.
(h) All ordinances shall take effect five (5) calendar days after posting following final passage, except as otherwise provided in the Constitution and By-laws, or as specified in the ordinance itself
(i) Savings Clause: This Ordinance shall become effective upon adoption but shall be published in the Tribal newsletter.
SECTION 7: VOTING ON ORDINANCES BY THE BUSINESS COMMITTEE
Each and every ordinance shall be adopted at a regular or special meeting of the Business Committee. An affirmative vote of a majority of five members of the Business Committee shall constitute approval.
SECTION 8: SEVERABILITY
If any part of this Ordinance is held invalid, the remainder of the Ordinance or its application to other situations or persons shall not be affected.
SECTION 9: EMERGENCY ORDINANCES
(a) Emergency ordinances for the preservation of public health, welfare, peace, safety, or property shall be approved by a majority vote of the Business Committee present at any meeting at which the emergency ordinance is introduced The facts showing such urgency and need shall be specifically stated in the ordinance itself. No ordinance making a grant of any special privilege shall ever be passed as an emergency ordinance. An emergency ordinance shall not be in effect longer than sixty (60) days after passage, and shall not again be passed as an emergency ordinance. An emergency ordinance shall be posted arid published in full and shall not take effect for five days after posting
(b) The Business Committee shall, where appropriate, organize ordinances into codes and maintain such codes in current form. The Business Committee shall periodically review the codes and ordinances and examine them for current need.
SECTION 10: TECHNICAL CODES
Standard technical codes, including amendments and revisions, promulgated by the Federal Government, or by any state, or by another Indian Tribe or by recognized trade or professional organizations or previously adopted by the Cheyenne-Arapaho Tribes, may be adopted, in whole or in part, by reference in an adopting ordinance without reading or posting such codes in full Such adopting ordinance shall also be deemed to adopt by reference, in whole or in part, any other codes incorporated in the adopted code. The enactment of ordinances adopting any such code or codes shall be as provided in section 6 of this Ordinance, and the posting thereof shall state that copies of the code or codes proposed to be adopted are available for inspection at the office of Administration. Any penalty clause in said code or codes may be adopted only if set forth in full in the adopting ordinance.
SECTION 11: AMENDMENT OR REPEAL
No ordinance or section or subsection of an ordinance shall be amended, superseded, or repealed except by an ordinance regularly adopted, provided that, repeal may be by reference to the title of the ordinance or any part thereof.
SECTION 12: AUTHENTICATION OF ORDINANCE
An ordinance as finally enacted shall be authenticated by the signature of the Chairperson of the Business Committee or other person authorized by the Business Committee The Tribal Gold Seal, at least 1 3/4" in diameter, shall be properly affixed to the Adoption Certification sheet at least 6 spaces below the signature of the Business Committee Secretary A true copy of every such authenticated ordinance shall be numbered and recorded in the official records of the Tribe. Attached to each ordinance and made a part thereof, shall be a certification by the Chairperson of the Tribe or other person authorized by the Business Committee, that the same has been posted.
SECTION 13: POSTING PROCEDURE
The following shall be the procedure of the Business Committee in posting any notice, ordinance, or other document as required:
(a) The Business Committee shall designate by ordinance no fewer than four (4) public places within the reservation.
(b) Posting shall take place as soon as practicable.
(c) Posting Locations (4):
1. Tribal Administration Center, Concho, OK
2. Clinton Indian Health Hospital, Clinton, OK
3. Tribal Multipurpose Center, Watonga, OK
4. Bureau of Indian Affairs, Concho, OK
(d) In addition, the Ordinance shall be published in the Tribal Newsletter.
SECTION 14: NUMBERING OF ORDINANCES
All ordinances previously adopted will not require readoption; however, any numbers assigned shall be renumbered in accordance with the numbering process herewith specified through a Business Committee resolution. All ordinances adopted beginning with this Ordinance must be numbered as follows:
(a) The number shall be recorded, assigned and maintained by the Business Manager's office or office designated by the Business Manager.
(b) Ordinance number shall be assigned the Julian date as follows upon adoption:
6 for 1986
2. Day of Year
134 for May 14
3. Consecutive Number beginning with: 001
4. Example: May 14, 1986 to read: 6134001
INTRODUCED, READ, AND PASSED, THIS 29th DAY OF January , 1988.
JUANITA L. LEARNED, CHAIRPERSON
26TH BUSINESS COMMITTEE
CERTIFICATION OF POSTING
THIS IS TO CERTIFY THAT THE ORDINANCE TITLED "CHEYENNE-ARAPAHO TRIBAL ORDINANCE REGULATIONS" HAS BEEN POSTED IN ACCORDANCE WITH SECTION 12.
JUANITA L. LEARNED
CHAIRPERSON, 26TH BUSINESS COMMITTEE OF THE CHEYENNE-ARAPAHO TRIBES OF OKLAHOMA
Previous copies of this ordinance are dated May 27, 1986 and are included in the physical copy of this tribal code. To access previous copies, please contact the National Indian Law Library.