Sept. 2, 2010 - Eastern Band of Cherokee

24 cherokee one feather THURSDAY, SEPTEMBER 2, 2010 

NEWS 

Tabled EBCI 

Ordinances 

PROVIDED By TOP OFFICE 

Tabled Ordinance No. 400 (2010) 

Submitted by Finance Office and the 

Office of the Attorney General 

WHEREAS, the Cherokee Tribal Council 

has established a gaming revenue allocation 

plan that provides for per capita distribution 

of distributable net revenue, as well 

as funding for Tribal government operations, 

enterprises, or programs; and 

WHEREAS, adjustments to some of the 

Tribal government funds are needed to 

fund programs and provided for needs of 

Tribal members effective at the beginning 

of FY2010; and 

WHEREAS, additional technical amendments 

are included to facilitate the administration 

of funds created in the Tribe’s 

revenue allocation plan; and 

WHEREAS, Cherokee Code Chapter 16C 

(the revenue allocation plan) is restated in 

its entirety to facilitate review by the Bureau 

of Indian Affairs. 

NOW THEREFORE BE IT ORDAINED 

by the Tribal Council of the Eastern Band 

of Cherokee Indians assembled, at which a 

quorum is present, that Chapter 16C of the 

Cherokee Code is amended and restated as 

follows: 

Note: This 26-page ordinance may be 

viewed in its enrety online at 

hp://www.nc-cherokee.com/theone- 

feather/2010/08/25/tabled-ordinances- 

2/ or at the TOP Office. 


Submitted by Junaluska Leadership 

Council 

HEREAS, in January 2005 the Jualuska 

Leadership Council began asking 

ribal leadership to assist with offering a 

ersonal Management Course to enrolled 

embers who have reached 18 years of 

ge and have met the requirements to reeive 

his/her Minors Trust Fund disburseent; 

and 

HEREAS, Tribal leadership has assisted 

n the development and implementation of 

Financial Educator, and 

HEREAS, the Financial Educator has 

ollaborated with the First Nations Develpment 

Institute to create an online finanial 

management course titled Manage 

our EBCI Money, and 

HEREAS, the Junaluska Leadership 

ouncil and several enrolled members of 

he Eastern Band of Cherokee Indians 

ave successfully completed the course 

nd endorse the requirement for all enolled 

members who have reached 18 

ears of age and have met the requireents 

to receive his/her Minors Trust Fund 

disbursement. 

NOW, THEREFORE BE IT ORDAINED 

by the Eastern Band of Cherokee Indians 

at which a quorum is present, that Eastern 

Band of Cherokee Indians Gaming Ordinance 

Sec. 16C-6. Minors and other legal 

incompetents, under section (a) Trust Fund 

for enrolled minor and incompetent members, 

in addition to receiving their high 

school diploma and reaching 18 years of 

age they must complete the online Manage 

Your EBCI Money course and include 

his/her Certificate of Completion as part of 

the packet to receive his/her minors fund 

disbursement. 

NOW BE IT FINALLY ORDAINED that 

the Eastern Band of Cherokee Indians 

Tribal leadership carry out the intent of 

this ordinance. 


Submitted By Fisheries and Wildlife 

Management Program and the Natural 

Resources Enforcement Office 

WHEREAS, the Fisheries and Wildlife 

Management Program and the Natural Resources 

Enforcement Office are both affected 

by the laws and regulations of 

Chapter 113 of the Cherokee Code pertaining 

to hunting and fishing; and 

WHEREAS, these programs see a need to 

streamline and clarify portions of Chapter 

113 and to include additional regulations 

and fines for better enforcement of the 

laws; and 

WHEREAS, the Fisheries and Wildlife 

Management Program sees the need to increase 

its fishing permit fees in collaboration 

with the new electronic fishing permit 

system; and 

WHEREAS, local vendors who sell the 

fishing permits receive a commission for 

doing so would also benefit from this proposed 

increase in fishing license fee increase. 

NOW, THEREFORE BE IT ORDAINED, 


of Cherokee Indians, at which a quorum is 

present, that Chapter 113 is hereby 

amended and shall read as follows: 

Note: This 20-page ordinance may be 

viewed in its enrety online at 

hp://www.nc-cherokee.com/theone- 

feather/2010/08/26/tabled-ordinances- 

427-431/ or at the TOP Office. 


Submitted By Big Cove Rep. Perry 

Shell, Vice Chairman B. Ensley, and 

Yellowhill Rep. David Wolfe 

WHEREAS, the Tribal Casino Gaming 

Enterprise (TCGE), the Tribal Gaming 

Commission (TGC) and the Tribal Bingo 

Enterprise (TBE) are now required, by ordinance, 

to include their budgets as part of 

the Executive Committee’s proposed 

budget submitted annually to Tribal Council 

for approval; and 

WHEREAS, Cherokee Code Sections 

117-47(c)(d) and (g) should be amended to 

reflect the application of the Balance 

Budget Act to the budgets of TCGE, TGC 

and TBE. 




quorum is present, that Cherokee Code 

Sections 117-47(c)(d) and (g) be amended 

to read as follows: 

Sec. 117-47. Balanced budget act. 

(c) Budgets based on need. Tribal division 

program, commission and enterprise 

budgets shall be based on justified need. 

Increases and decreases in the budgets 

shall be tailored to the needs of individual 

division programs, commissions and enterprises. 

Across-the-board increases are 

prohibited. Increases shall not exceed five 

percent of the total General Fund gaming 

appropriations for the current fiscal year. 

(d) Executive director/chairman reports. 

The executive directors/chairmen of each 

tribal division, commission and enterprise 

shall provide to the Principal Chief, orally 

and in writing, a report consisting of a 

budget-to-actual comparison of revenues 

and expenses within their division, commission 

or enterprise (including for program). 

The report shall be presented every 

six months. For the six-month period ending 

March 31, reports are due on or before 

June 15. For the six-month period ending 

September 30, reports are due on or before 

January 15. Within 30 days of the date on 

which the reports are due, the Principal 

Chief shall present to Tribal Council a 

written summary for each division, commission 

and enterprise. 

(g) Annual budget and report. As provided 

in section 21 of the Tribal Charter, the Executive 

Committee shall present to Tribal 

Council a proposed budget. Additionally, 

the Principal Chief shall present an oral 

summary of the proposal to the members 

of the Tribe and Council in a televised 

Council session within 30 days after submitting 

the proposed budget to Council. 

The proposed budget shall be in the form 

of a detailed outline of the administration’s 

policy and funding priorities, as well as a 

presentation of the Tribe’s economic outlook 

for the coming fiscal year. The proposed 

budget shall estimate spending, 

revenue and borrowing levels, with input 

from Tribal divisions, programs, commissions 

and enterprises with funding broken 

down by budget and/or function categories. 

BE IT FURTHER ORDAINED that all 

other subsections of Cherokee Code Section 

117-47 – Balance Budget Act – shall 

remain in full force and effect and that all 

other ordinances inconsistent with this ordinance 

are rescinded. 

BE IT FINALLY ORDAINED that this ordinance 

shall be effective when ratified by 

the Principal Chief. 



Shell, Vice-Chairman B. Ensley, and 


WHEREAS, the Tribal Casino Gaming 

Enterprise (TCGE was established in the 

public interest to provide an organizational 

business plan directing the Tribe’s Class 

III gaming operations; and 

WHEREAS, the TCGE has the power and 

duty to approve annual operating, capital 

and working capital budgets which fund 

both short and long range goals of the 

Tribe’s gaming operation; and 

WHEREAS, as a Tribal enterprise and instrumentality, 

the TCGE should be subject 

to the same financial accountability as 

Tribal divisions, programs, commissions 

and other enterprises; and 

WHEREAS, Cherokee Code Section 16A- 

5(c)(1) should be amended to require that 

the annual budget of TCGE be included in 

the Executive Committee’s proposed 

budget presented to the Tribal Council annually 

for approval. 




quorum is present, that Cherokee Code 

Section 16A-5(c)(1) be amended to read as 

follows: 

Sec. 16A-5. Powers and duties of Board 

of Advisors. 

(c) Budgetary and Financial Authority. 

The TCGE shall have the power and duty 

to: 

(1) Prepare annual operating, capital, and 

working capital budgets, which fund short 

range and long range goals and objectives 

of a gaming operation and the strategies 

used to accomplish these goals and objectives, 

which are to be included in the Executive 

Committee’s proposed budget 

submitted annually to Tribal Council for 

approval. 

BE IT FINALLY ORDAINED that all 

other sections of Cherokee Code Chapter 

16A – Tribal Casino Gaming Enterprise – 

shall remain in full force and effect and 

that all other ordinances inconsistent with 

this ordinance are rescinded. 

BE IT STILL FURTHER ORDAINED 

that Cherokee Code Sec. 117-47 – Balanced 

Budget Act – be revised to reflect 

the above changes to Cherokee Code Section 

16A-5(c)(1). 

BE IT FINALLY ORDAINED that this ordinance 

shall be effective when ratified by 

the Principal Chief. 



Shell, Vice-Chairman B. Ensley, and 


WHEREAS, the Tribal Bingo Enterprise 

(TBE) was established in the public interest 

to provide an organizational business 

see ORDINANCES page 25

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Sept. 2, 2010 - Eastern Band of Cherokee

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