1.04.050 Ethical Obligations and Standards of Conduct

(a) Conformity with Applicable Laws

All elected officials shall comply with all laws which apply to elected officials that are applicable within the jurisdiction of the Tribe. Compliance is required whether or not the laws apply to the Official in his or her individual or official capacity.

An elected official who is convicted of a serious crime shall be guilty of violating this chapter; except that a conviction related to an act of civil disobedience shall subject the official only to investigation under this chapter which may or may not result in a sanction able violation of this chapter. A plea of no contest, a plea to a lesser charge or a conviction of a lesser charge may constitute a conviction for purposes of this subsection if the plea or conviction would be sufficient, in a civil context, to support a judgment of said official with regard to the original charge.

(b) Actual or Apparent Impropriety

Elected officials shall not engage in acts which are illegal, involve an abuse of power, or involve actions and activities that bring discredit or disrespect on the Tribe. These acts may include:

(1) Functioning as an official of the Tribe under the influence of illegal substances.

(2) Misappropriation or misuse of Tribal funds.

(3) Concealing, removing, mutilating or destroying Tribal records or documents.

(4) Committing perjury or a fraud.

(5) Intentionally and knowingly providing false information or misrepresenting a tribal position that causes harm to Tribal members.

(6) Intentionally misrepresenting oneself as acting on behalf of the Tribe without authorization.

(7) Knowingly misrepresenting the Tribe or a position the Tribe has taken.

(1) Elected officials shall not take any official action, whether in a Tribal meeting, committee meeting, or otherwise, in which the official or the official's immediate family has a potential or an actual financial or personal interest that is or could be affected by such an action.

(2) No elected official shall use, or attempt to use, any official capacity of their office for the economic gain of any business interests with which they or their immediate family is associated.

(3) Elected officials shall refrain from all acts or activities that may be construed as a conflict of interest.

(4) When a potential or actual conflict of interest exists for an official with regard to a particular issue, that official shall disclose the conflict of interest which shall be duly noted in official meeting minutes, shall recuse him or her self.

(5) If an elected official fails to disclose a potential or actual conflict of interest prior to taking any official actions, two out of three Chiefs of the Tribal Council, upon a reasonable and good faith belief, may request that the Ethics Officer conduct an investigation into the official's conduct, thereupon, the Ethics Officer may require the official to disclose on the record any potential or actual conflict of interest.

(6) If one or more Chiefs of the Tribal Council has an actual conflict of interest with a particular issue, his or her Sub-Chiefs may be appointed to take official action on the issue.

(d) Use of Public Office for Private Gain, Restrictions against Loans or Gifts

(1) Elected officials shall not solicit money, economic opportunity, favors, service, loans or gifts for their own personal benefit or gain while presently serving in office.

(2) Elected officials shall not use his or her office in a way that produces or assists in the production of a substantial benefit, direct or indirect, for the official, any members of their immediate families or for an organization or business with which the official is associated.

(3) Elected officials shall not engage in, whether directly or indirectly, financial or other economic transactions as a result of, or primarily depending upon information obtained through their elected office.

(4) Elected officials shall not use Tribal resources or power of office to advance personal or individual political interests.

(5) Elected officials shall not accept gifts valued at over $100. All gifts whether or not valued at $100 or more shall be reported to the Ethics Officer and all prohibited gifts shall either be returned to the donor or shall become the property of the Tribe.

(6) Elected officials may accept ceremonial and customary gifts on behalf of the Tribe.

(e) Use of Confidential Information

(1) Elected officials shall not disclose confidential materials presented, considered or discussed in executive or closed session without the approval of all parties involved and except where authorized under a tribal open records law.

(2) No elected official shall use or disclose confidential information gained in the course or by reason of their official position or activities, to further their own economic and personal interest or that of anyone else.

(f) Restrictions Against Incompatible Interests or Employment

(1) Elected officials shall NOT:

(A) Have direct or indirect financial or other economic interests other than his or her Tribal duties which necessarily involve inherent substantial conflict with their duties as elected officials.

(B) Acquire any economic or other financial property during his or her term as an elected official when he or she believes or has reason to believe that that it may directly or substantially affect or be so affected by his official actions or duties.

(2) Subject to the restrictions in this chapter, elected officials are free to engage in lawful financial transactions to the same extent as any tribal member.

(3) Elected Officials shall not become or remain employed in either the public or private sector during their term of office.

(4) Elected Officials shall immediately resign from all appointments obtained during office upon completion of his or her term.

(g) Tribal Government Contracts; Restrictions and Bid Requirements

(1) No elected official or any member of that person's immediate family shall be a party to, nor have an interest in the profits or benefits of any governmental contract of the Tribe or of any investment of funds of the Tribe, unless the contract or investment meets all of the following requirements:

(A) the contract is let by the applicable procurement policy; and

(B) is pursuant to the continuous course of a business commenced before the elected official assumed his or her current term of office; and

(C) the entire transaction is conducted at arm's length, with the Tribe's full knowledge of the interest of the elected official or member of his or her immediate family; and

(D) the elected official has taken no part in the determination of the specifications, deliberations, or decisions with respect to the contract or investment.

(2) A elected official or a member of his or her immediate family shall not be considered as having an interest in a contract or investment if they have a limited investment interest of less, or creditor interest of less than ten percent (10%) of the ownership of net assets or the total indebtedness of any business or other entity which is the contractor, sub-contractor of supplier on the contract or in which the funds are invested, or which issues any security therefore.

(h) Restrictions on Assisting or Representing other Interests after Termination of Public Office

(1) After an elected official has left office he or she shall not act as an agent, attorney or representative for any person or entity for the purpose of influencing any employee, official or governmental body of the Tribe in connection with any proceeding, contract, claim, controversy, investigation, charge or accusation, in which the elected official personally and substantially participated.

(2) If a matter was pending within the scope of an elected official's responsibilities, but the individual did not participate as set forth in paragraph (h)(1) above, the prohibitions hereunder shall apply only for a period of one (1) year immediately following the termination of public office.

(3) The Tribal Council shall not take any action favorable to any personal business, governmental or other entity, which is assisted or represented personally in the matter by a former elected official whose official act, while an elected official, directly contributed to the taking of such favorable action.

(i) Restrictions on Official Action Involving Former Interests; Conflict of Interest

(1) An elected official shall not take action on any issue, matter or decision where the elected official, within one year immediately prior to taking office, acted as an agent, attorney or representative for any person, organization, business or other entity in connection with any proceeding, contract, claim, controversy, investigation, charge or accusation, or in which the elected official personally and substantially participated prior to assuming public office.

(j) Unauthorized Use of Property or Funds of the Tribe

(1) A Tribal Council member and the Tribal Clerk shall return all tribal equipment, supplies, and any other tribal property to the Tribe within five (5) days of completing her or her term of office.

(2) Tribal Council members or the Tribal Clerk shall refrain from using Tribal facilities, resources or personnel to perform personal business.

(k) Misuse of Staff

(1) No elected official shall employ, with the Tribe's funds, any unauthorized person(s) who do(es) not perform duties commensurate with such compensation, and shall utilize authorized employees and staff only for the official purposes for which they are employed or otherwise retained.

(l) Restrictions Against Gifts or Loans to Influence Official Acts

Tribal Council members or the Tribal Clerk should not provide, offer or exercise official influences in exchange for money or valuables.

(m) Official Statements and Representations

Elected Officials shall not make official statements to the media that misrepresent the Tribe or the position of the Tribe. This provision shall not prohibit a Tribal Council member from defending him or herself from a criminal charge or civil claim or testifying as a witness in a legal proceeding, or from responding to allegations concerning conduct made pursuant to this chapter.

(n) Attendance at Meetings

A Tribal Council member, and when applicable, the Tribal Clerk, shall attend all regular and special Tribal Council meetings, and all Tribal monthly meetings. A Council member or the Tribal Clerk shall notify the Tribal Council prior to any meeting they will not attend, with a valid excuse. Three (3) unexcused absences during a Tribal Council member's or Tribal Clerk's term shall constitute a violation of this chapter.