OKMULGEE, Oklahoma – The Muscogee (Creek) Nation National Council held an Emergency Session at the Mound Building on April 5.
The Council addressed the following legislation, the interpretation of which is attributed to language in the bills:
NCR 22-007 MCN National Council selecting Holly Dunn to the Board of Directors of MCN DME, LLC. Representative Randall Hicks sponsored the resolution, which was adopted 15-0.
The MCN NC selected Dunn to serve a term until April 5, 2025.
TR 22-067 Authorizing the Principal Chief to execute a Tribal Participation Form in order to participate in the Tribal Distributors Tribal Settlement. Rep. Mark Randolph sponsored the resolution, which was adopted 15-0.
The MCN opioid lawsuit settlement is an estimated $12,205,345 of the $515 million to tribes to be paid over a six-year period.
TR 22-068 Authorizing the Principal Chief to execute a Tribal Participation Form in order to participate in the Johnson & Johnson Settlement. Rep. Randolph sponsored the resolution, which was adopted 15-0.
The MCN opioid lawsuit settlement with Johnson & Johnson is an estimated $3,697,011 of the $150 million to tribes to be paid over a two-year period.
TR 22-069 Authorizing the extension of the Secretary of the Nation and Commerce to continue operation of the OneFire Holding Company, LLC. Rep. Patrick Freeman Jr. sponsored the resolution, which was adopted 15-0.
In accordance with NCA 21-109, operating agreement for OneFire Holding Company, LLC; in absence of a duly seated board, the Secretary of the Nation and Commerce will have all authority of the board for 90 days.
NCA 22-039 Amending Title 22, 2-102, entitled, “Property subject to forfeiture,” requiring owner/custodian reimbursement of costs to the MCN related to the care of animals seized due to allegations of animal cruelty, requirement of a bond and/or civil forfeiture. Representative William Lowe sponsored the legislation, which was adopted 15-0.
Due to McGirt, it is necessary to amend Title 22 so it is analogous to federal and state law 18 U.S.C. 981 – Civil Forfeiture, and title 21 O.S. 1680.4 – Custody of Abused or Neglected Animals –Bond Euthanasia.
This is a result of an animal incident that involved a Cherokee citizen living in a Muscogee Housing home.
This is an example of the “Assimilation law” using the state’s law and local municipalities law where the MCN lacks precedence. View the full document here.
NCA 22-040 Amending MCNCA Title14, Chapter 2, Subchapter 2 of the Criminal Offenses Code of the MCN, authorizing creation of Section 2-206 entitled an Assimilative Crimes Act Incorporating Oklahoma’s criminal code and the criminal codes of those municipalities existing within the Reservation boundaries of the MCN. Rep. Lowe sponsored the legislation, which was postponed until April 12 with a vote of 9-6. Reps. Joyce Deere, Patrick Freeman, Sandra Golden, Joseph Hicks, Anna Marshall and Darrell Proctor voted against the postponement.
This act authorizes the assimilation of Oklahoma’s criminal code and the criminal codes of those municipalities existing within the Reservation and adopting those crimes into the Criminal Offenses Code of the MCN. View the act here.
The assimilation laws will serve as temporary gap filler for the laws that MCN justice systems do not have in place.
The Nation has previously practiced “law assimilation” by replicating the state’s hunting and fishing license for the Nation’s programs and other departments are soon to follow.
NCA 22-041 Amending NCA 21-166 (Approving the comprehensive annual budget for FY 2022 and providing appropriations.) Rep. Lowe sponsored the legislation, which was adopted 14-0-1. Rep. Randolph abstained.
The Nation has funds to give employees a four percent increase to wages, retroactive to Oct. 1, 2021 with the exception of employees who had an increase during the fiscal year. This Act amends NCA 21-166 to fund the increase for employees.
This emergency session can be watched at www.mcnnc.com.