MVSKOKE RESERVATION – On Monday, March 24, the Business, Finance, and Justice Committee held an in-person meeting. Passed legislation will go on to the next full council meeting, unless otherwise noted.
The committee addressed the following legislation, the interpretation of which is attributed to language in the bills:
NCA 26-035 A law of the Muscogee (Creek) Nation creating a new chapter, entitled “Nondisclosure Agreements” in MCNCA Title 31. The bill was originally introduced at the Thursday, Feb. 19 BFJ committee meeting. It was postponed for the Monday, March 23 BFJ committee meeting with a vote of 4-0. Representative Dode Barnett sponsored the bill, which failed by a vote of 1-3. Representative Will Lowe, Representative Robert Hufft, and Representative Sandra Golden voted no on the bill.
If the bill had passed the committee and been adopted by the full council, it would have prohibited any Tribal officials from signing nondisclosure agreements (NDAs). This includes the Principal Chief, the Second Chief, National Council representatives, board members, and cabinet members. During the discussion on the bill, Rep. Barnett noted that banning elected officials from signing NDAs has been raised by citizens.
“I think the need for this came from a response from the communities, including Sapulpa and Bristow. I did get a chance to meet with some of the Coweta community members. Citizens had concerns with elected officials signing NDAs. We see a lot of the data centers come in and local city councils are signing NDAs and won’t answer for their constituents. That’s what prompted this,” Rep. Barnett said.
NCA 26-045 A law of the Muscogee (Creek) Nation creating a new law by adding MCNCA Title 14, § 4-636 entitled “Unlawful possession of firearms or weapons by a minor.” Rep. Lowe sponsored the bill, which passed 4-0.
If adopted into law by the full council, it will make it unlawful for minors to possess firearms. It will also make it unlawful for a parent or guardian to permit a child to possess a firearm. Those found guilty of breaking this law will be charged with a misdemeanor. During the discussion on the bill, Attorney General Geri Wisner said there is a need for this law because her office is seeing more cases involving juveniles committing violent crimes on the Mvskoke Reservation with firearms.
NCA 26-046 A law of the Muscogee (Creek) Nation approving and authorizing the Principal Chief to execute and file the articles of organization with the Office of the Secretary of the Nation to form “MCN Outdoor, LLC” under the Muscogee (Creek) Nation limited liability company act and approving the operation agreement for “MCN Outdoor, LLC.” Representative James Factor sponsored the bill, which passed 4-0.
If adopted by the full council, the bill will establish a tribal-owned digital billboard company. According to the bill, it will “create a sustainable revenue stream through direct advertising sales, improved lease structures, and the installation of modern digital billboards capable of commanding premium rates.”
During the discussion, Secretary of Commerce Tim Harjo discussed how the company will provide income for the Nation. “It will allow a way to broadcast messages to the community while benefiting the Nation. Not only the Reservation community, but the non Indian community that resides within the Reservation,” Harjo said.
NCA 26-047 A law of the Muscogee (Creek) Nation appropriating funds to MCN Outdoor, LLC. Rep. Factor sponsored the bill, which passed 4-0.
If adopted into law by the full council, $2,786,164 will be used for the limited liability company detailed in NCA 26-046.
NCA 26-048 A law of the Muscogee (Creek) Nation amending Article V Section 1 (a) and (c) of the Constitution of the Muscogee (Creek) Nation. Representative Cody Phillips sponsored the bill, which passed 4-0.
If adopted by the full council, it will extend the terms of the Principal Chief and Second Chief from two to three. This includes consecutive and nonconsecutive terms. If adopted, it will require a ⅔ vote of the full council. If it receives the required ⅔ vote of the full council, it will appear as a ballot question in an election where it will require a ⅔ vote from voters. A bill expanding the term limits to three terms, NCA 26-037, was previously voted on at the Saturday, Feb. 28 Regular Session. It failed to become adopted into law 9-6.
NCA 26-051 A law of the Muscogee (Creek) Nation amending the Constitution of the Muscogee (Creek) Nation to add a Section 2 to Article IX by establishing a Constitutional Convention. Rep. Barnett sponsored the bill, which failed 1-3. Rep. Hufft, Rep. Golden, and Rep. Lowe voted no on the bill.
If the bill had passed to the full council, it would have proposed an Article IX calling for a constitutional convention. It would have required a ⅔ vote from the full council. If it had received the required ⅔ vote from the full council, it would have then appeared as a ballot question during an election, where it would have required a ⅔ vote from voters.
During the discussion, Rep. Golden remarked that a constitutional convention is needed. There were questions from the MCN Citizenship office regarding general citizenship. Rep. Golden did not elaborate on what the questions specifically pertained to.
NCA 26-052 A law of the Muscogee (Creek) Nation amending NCA 13-200 (A law of the Muscogee (Creek) Nation approving and authorizing the Principal Chief to execute and file the articles of organization with the office of the Secretary of the Nation to form “OneFire Holding Company, LLC” under the Muscogee (Creek) Nation limited liability Company Act and approving the operating agreement for “Onefire Holding Company LLC”) as amended by NCA 14-080 and NCA 14-178 and NCA 18-121, NCA 20-007, NCA 21-109, and NCA 23-095. Rep. Lowe sponsored the bill, which passed 4-0.
If adopted into law by the full council, the bill will add a section five titled “Exemptions/Non-Applicability.” Section five states that OneFire is exempt from the provisions of Title 37, § 3-101 and § 3-102 of the Muscogee (Creek) Nation Code. It will add a fifth member to the OneFire board, which will be the MCN Commerce Secretary.
NCA 26-053 A law of the Muscogee (Creek) Nation appropriating funds for legal fees to OneFire Holding Company, LLC. Rep. Lowe sponsored the bill, which passed 4-0.
If adopted into law by the full council, $350,000 will be used to support legal counsel relating to “the protection of the Muscogee (Creek) Nation’s reservation in taxation matters connected to the River Walk Crossing Property, OneFire Holding, and its subsidiaries.”
Referred Legislation:
NCA 26-034 A law of the Muscogee (Creek) Nation appropriating funds to the Nation’s Environmental Services Department for the purchase of equipment. Rep. Barnett sponsored the bill, which was approved for funding with a vote of 4-0. It was cosponsored by Speaker Randall Hicks. The funding source is General Tax & License.
If adopted into law by the full council, $300,000 will be used to purchase equipment and assets from Rodebush Septic Service for the Septic Service Program.
NCA 26-044 A law of the Muscogee (Creek) Nation appropriating funds to create the Environmental Services – Septic Services Program. Rep. Barnett sponsored the bill, which was approved for funding with a vote of 4-0. The funding source is General Tax & License.
If adopted into law by the full council, $128,610 will be used by the Septic Services Program to provide services during the MCN Festival and for Ceremonial Grounds, churches, community cleanups, and funeral needs.
To view the full agenda, visit: mcnnc.com.
