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Subchapter 4 SANCTIONS AND PENALTIES

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This section is included in your selections.

A. Upon finding that there has been a violation of any provisions of this Act, the Trial Court may make recommendations or impose any or all of the following penalties or sanctions:

1. A recommendation for discharge or termination proceedings to the appropriate branch of government;

2. Recommend the Osage Nation Congress initiate removal proceedings pursuant to Article XII of the Osage Nation Constitution;

3. Disqualification for all elective public offices of the Osage Nation and/or appointment to or employment in any public office of the Osage Nation, for a set number of years from the effective date of removal, discharge or any other termination of public office or employment of the Osage Nation;

4. Suspension from employment for not less than ten (10) days or not more than one year, with or without pay. This penalty shall not apply to those holding an elected position.

5. Issuance of a public reprimand, which shall be entered into such person’s permanent record of employment or office and upon the permanent record of the public office or entity of which such person is a member or employee, according to provision of applicable Osage Nation law and procedures;

6. Issuance of a private reprimand to such person, with or without suspension of any or all other sanctions provided herein;

7. Imposition of restitution or such other civil penalties as hereinafter provided.

B. Any person who is found to have violated any provisions of this Act may be fined in an amount not to exceed One Thousand Dollars ($1,000.00) for each violation of this Act.

C. No sanctions or penalty provided herein shall limit any other powers of the Osage Nation courts under other applicable law, rules, regulations or procedures.

D. In its discretion, the Osage Nation Trial Court may award attorney fees and costs to the prevailing party. ONCA 08-33, eff. Sept. 30, 2008.