TTLE 0 - LEGAL CHAPTER - OFFCE OF NDEPENDENT COUNSEL Legslatve Hstory: Ordnance No. 0-9, "Ordnance Defnng the Powers, Dutes, and Authorty of the Offce of ndependent Counsel, " was ordaned and the Naton's charman's prevous veto was overrdden by Resoluton No. 0-9 on September 19, 199. (Resoluton No. 0-9 (overrdng veto) passed by a two-thrds majorty but was not sgned by the Charman ofthe Naton.)
ORDNANCE DEFNNG THE PCMERS, DUTES, AND AUTHORTY ORDNANCE NO. 0-9!) JO 1 1 1 WHEREAS, the Legslatve Councl has by Resoluton No. 19-9 establshed the Offce of ndependent Counsel; and WHEREAS, the scope of prosecutoral jursdcton must be adequate to assure full nvestgatve and prosecutoral authorty wth respect to any matter whch the Legslatve Councl may refer to the Offce of ndependent Counsel; and WHEREAS, the prosecutoral jursdcton of ndependent counsel shall nclude authorty to nvestgate and prosecute all crmes that may be ref erred to the Off ce of ndependent Counsel by the Legslatve Councl for nvestgaton or prosecuton n accordance "' th the provsons of ths ordnance, ncludng perjury, obstructon of justce, ntmdaton of wtnesses, abuse of offce and such other crmes contaned n the laws or ordnances of the 1 Tohono O'Odha.J Naton. 1 Na, THEREFORE, BE T ORDANED by the Tohono O'Odham Legslatve 1 Councl that: 1 1!) 0 1!J\ : : A. The authorty and dutes of the ndependent Counsel, notwthstandng any other provson of la"', shall nclude: ( 1) power to exercse all nvestgatve and prosecutoral functons; (} () authorty to partcpate n court proceedngs and engage ltgaton, ncludng cvl and crmnal matters; unless otherwse drected by the Legslatve Councl authorty to appeal any decson of a court n any case or proceedng n whch such ndependent Counsel partcpates n an offcal capacty; () paver to revew all documentary evdence av~lable fro any source; () () authorty to contest the asserton of any' testmona.+ prvlege; authorty to make appl~ato~ to any appr~pratej court far a grant of.ljujlun:-ty.t;o any wtness, consstent wth applcable statutory/ requrements, or for warrants, subpoenas or other 1 court orders; 1 l
DEFNNG THE PCMERS, DUTES, ARD AUTHORTY Page Two ()!) 1 1 1 1 1 1 1 19 0 1 1 () power to ntate and conduct: prosecutons n a court of competent jursdcton, ssung and sgnng complants, and handlng of all aspects ot any case, n the name ot the Tohono O'Odham Naton: () authorty to report to, and to consult and cooperate wth the prosecutng attorney of the Tohono O'Odham Naton and the prosecutng attorneys o:f other jursdctons, ncludng the Unted States Attorney, concernng any possble volatons ot law whch may be revealed by the nvestgaton ltf th respect to whch ndependent Counsel s apponted, ncludng volatons of law whch may not drectly relate to the purpose of the nvestgaton. B. Payment ot Costs tor Offce All costs relatng to the establshment and operaton of the ottce ot ndependent counsel shall be pad from tunds approprated by the Legslatve Councl and pursuant to a budget: tor the Offce of ndependent Counsel adopted by the Legslatve Councl at the tme t certfes to the Chef Judge, or Senor Judge, ot the Tohono O'Odham Courts that t has reason to beleve a law of the Naton has been volated and that an ndependent Counsel should be apponted n accordance wth the provsons of paragraph E. c. Addtonal Stat! The ndependent: Counsel may appont, fx the compensaton and assgn the dutes of such other employees as such ndependent Counsel consders necessary, ncludng nvestgators, attorneys or consultants, subject to any lmtatons set n the Specal Counsel contract and n the budget of the Ottce of ndependent Counsel. D. ndependence of Ottce The offce of ndependent Counsel and the person(s) apponted by hm shall be separate and ndependent ot any other smlar prosecuton agency. E. Apoont1ent. OUaltcatons of and Contractng for ndependent Counsel ( 1 ~Whenever the Legsl.atve Councl has reason to beleve that any present or former elected or apponted publc offcal or judge of the Naton has volated any law of the Naton whle purportng to perform the dutes of offce, t shall so..certfy the matter n wrtng, ncludng the bass therefore and the nature of the aeged offense, to the cne Judge of the Tohono O'Odham courts (unless the Chef Judge s the object ot the accusaton, or s nvolved n the matters from whch the
DEFNNG THE PCWERS, DUTES, AND MJTHORTY Page Three () g 1 1 1 1 1G 1 rn\ 01! 1 f! ( l 1 n\ :m :1 :d accusaton arses, n whch case the cert.fcaton shall be to the Judge of the Tohono O'Odham Courts wth the most senorty other than the Chef Judge). Upon recept of such certfcaton, the Chef Judge (or the Senor Judge,.f applcable) shall desgnate a Specal. Commttee consstng of one Assocate Judge of the Tohono O'OdhaJJt Courts, one member of the Legslatve Councl and the head of one of the executve departments of the Naton, none of whom shall have any connecton wth or nvolvement n the matters from whch the accusaton arses, whch Commttee shall select and appont: an ndependent: Counsel under the provsons of ths Ordnance. () The ndependent Counsel shall be an attorney or frm knowledgeable of ndan law who has demonstrated experence to conduct nvestgatons and prosecutons n a prompt, responsble and cost-effectve manner. () Upon ts selecton of the ndependent Prosecutor, the Commttee shall negotate a Specal Counsel contract wth the attorney or frm selected, whch contract shall set out n detal the scope of the ndependent Prosecutor's jursdcton and budget. The contract negotated between the Specal Collllllttee and the ndependent Counsel shall be executed on behalf of the Naton by the members of the Specal Commttee, or any two of them, and shall be submtted to the Bureau of ndan Affars for approval. No other approval by the Naton shall be requred to make the contract a vald, bndng contract wth the Naton. ( ) The Specal Counsel Contract shall be subject to and shall ncorporate by reference all of the terms and provsons o.f ths ordnance and of the budget establshed for the Offce of ndependent Counsel by the Legslatve Councl, and the ndependent Counsel shall be bound thereby n the executon of hs dutes. F. Custody of Records Upon the termnaton of the offce of ndependent: Counsel, all records and documents whch have been receved and created shall be transferred to and become a record of the Tohono O'Odham Courts. G. Legslatve oversght ( 1) The approprate commttee of the Legslatve Councl shall have the legslatve oversght over the Offce of ndependent Counsel. ( ) The ndependent Counsel shall submt to the Legslatve Concl such statements or reports on the actvtes of the Offce of ndeoendent Counsel as may be provded for n hs Specal Counsel contract.
DEFNNG THE PCWERS, DUTES, AND AUTHORTY Page Four () H. Removal of an ndependent Counsel (j 9 1 1 1 1 1 1 1 rn 0 An ndependent Counsel apponted pursuant hereto may be removed from offce only by acton of the Legslatve Councl. upon the recol1jj1jendaton of the approprate commttee of the Legslatve Councl havng legslatve oversght over the Offce of ndependent Counsel and a fndng of good cause, physcal dsabl.ty, mental ncapacty or any other condton that substantally mpars the performance of dutes.. Termnaton of Ottce The Offce of ndependent Counsel shall termnate when the llv'est;gaton of a1.l. attars wthn the prosecutoral jursdcton of such ndependent Counsel, and any resultng prosecutons, have been completed or substantally completed, at whch tme the ndependent Counsel shall fle a fnal. report wth the Legslatve councl. The foregong Ordnance was passed by the Tohono O'odham Councl on the ~ day of August, J..1l. at a meetng at whch a quorum was present wth a vote of.0 for;.0 aganst;.q not votng: and Q_ absent, pursuant to the powers vested n the Councl by Sectons 1 Cc Jf 1 and 1 fdl of Artcle V of the Consttuton of the Tohono O'odham Naton, adopted by the Tohono O'odham Naton on January 1, 19, and approved by the Actng Deputy Assstant Secretary -ndan Affars (Operatons) on March, 19, pursuant to Secton 1 of the Act of June 1, 19 ( Stat. 9). 1 ATTEST: Teresa H. Cha:>yguh~, / <J:{slatve c:.da:. (/ ~ /. ~. / -~ _ day of J.?-~-'v,,/ Secretary 19 c! t. Sad Ordnance was submtted tor approval to =:e _Jlffce of the!j Cha:'?lJ.~.'.-the Tohono O'odham Naton O_.Lthe / t.;_1.- aw of,/, ~-"', 19 <?'-1, at b: ct:"' o'clock, -1::_.M., : p':rs~ant' t:o the provsons or Secton of Artcle V of the 1 Consttuton and wll become effectve upon hs approval or upon :ll hs falure to ether approve or dsapprove t wthn hours of submttal. :1
DEFNNG THE PCWERS, DUTES, AND AUTHORTY Page Fve () 9 [ ] APPROVED ) [ ~\] DSAPPROVED ) TOHONO O'ODHAH LEGSLATVE COUNCL Edward D. Manuel, Legslatve Charman on the _L '_ day or,~d at a ~, :;1.: -o'clock, _,t_:.._.lf. AllGk<(e~. ~ TOHONO O'ODHAH NATON / ;fp[ Returned to the Legslatve Secretary on the -~~~~ day of 1 J 1 1 1 1 1G 1 1 19 0 1 t,k / j f?c ) //_';? 0 kt?y;?>t-t?(-., 19~, at ----"-" -"=.::...;;;;'--- o'clock, p_,jf. // ').,. /,.' _, /.. /lt./f.lf rft.,.,..,,,.,.:,,_a"~ Teresa H. choyguha,"../ Legslatve Secretary JO :ll J
RESULCJTON OF THE TORONO O'ODRAH LEGSLn.J.'VE COUNCL (overrde Veto of Ordnance No. 0-9 w0efnng the Powers, Dutes, and Authorty of the Offce of ndependent Counselw) J 9 1 1 J 1 1 1 1 19 0 1.,- _, R 9 JO 1 :t RES. NO. 0-9 WREREJl.S, the Tohono O'Odham Legslatve Cormcl dd by Ord.nance Ro. 0-9 defne the Powers, Dutes, and Authorty of the Offce of ndependent counsel; and WHEREAS, upon presentaton of Ordnance No. 0-9 to the Charman of the Tohono O'Odham Naton he dd dsapprove thereof and returnng t to the Councl wth hs objectons n accordance wth the provsons of Artcle V, Secton of the Consttuton of the Tohono O'Odham Naton; and WHEREAS, the Tohono O'Odham Legslatve Councl has revewed the Charman's objectons and after consderaton agan voted to pass Ordnance No. 0-9. NOW, THEREFORE, BE T RESOLVED that the Tohono O'Odham Legslatve Councl does hereby overrde the Charman's veto of Ordnance No. 0-9, by a vote of two-thrds (/) of the votes cast 1.0.0 The foregong resoluton was presented to the Tohono O'Odham Legslatve Councl on the 19th. day of SepteaPer, 19~, at a meetng at "'hch a quorum "'as present and, by a vote Of 1, 1. 0 for;.q aganst; 1.0 not votng; and Q.l_ absent, was passed by a majorty of at least two-thrds ( /) of the votes cast and became law as provded n Secton of Artcle V of the Consttuton of the Tohono O'Odham Raton. TOHORO O'ODRAH LEGSLATVE AT'EST: J/ "---) ~~. ~ c:::r;. ~ ~?:/~/ Teresa H. Choygtha, Legs Sgned ths ~ //_;, &!"d'_~ ~ COUHCL! / Angelo J. Joaqun, Sr., Charman TOHOHO O'ODRAH NATOH