1.04.080 Ethics Commission

(a) There is hereby established an Ethics Commission for the purposes of administration and enforcement of this chapter.

(b) The Ethics Commission is entrusted to hear and impose sanctions on all matters relating to ethics of elected officials.

(c) The Commission shall be comprised of five (5) members three (3) alternates and an Ethics Officer. Each member shall meet the following requirements.

(1) Be an enrolled member of the Saint Regis Mohawk Tribe.

(2) Be 25 years of age or older.

(3) Have not been convicted of any serious crime or any other crime involving: i.e., fraud, moral turpitude or the like.

(4) Does not hold elective or appointed office at the time of the appointment.

(5) Can not have an actual or potential conflict of interest.

(d) When a complaint is received, the Ethics Officer shall oversee the following process for purposes of selection of the Ethics Commission members:

(1) A list of all Tribal members who have voted in at least five (5) Tribal elections shall be used to randomly select a pool of forty-five (45) adult Tribal members who may potentially serve on the Ethics Commission to hear the pending complaint.

(2) The Ethics Officer shall notify those remaining, in writing, of the opportunity to serve on the Ethics Commission. Each of these candidates will be requested to respond directly to the Ethics Officer within ten (10) business days by filling out a reply form that shall be included in the initial notification. They will indicate their willingness, unwillingness or inability to serve on the form. No disclosure shall be made of the elected official who is the subject of the complaint at this point in the Commission selection process.

(3) If there is an insufficient number of candidates from which to draw a Commission, the Ethics Officer may use the enrollment list to again randomly select, screen and notify Tribal members eligible to serve.

(4) From the list of those candidates who respond, the Ethics Officer shall randomly select a final group of five (5) members and three (3) alternates.

(5) Once this final group of five (5) is selected, the name of the elected official who is the subject of the complaint shall be disclosed to the Commission through the Ethics Officer.

(A) If any member of the Commission has a connection to the subject of the complaint, which would constitute a conflict of interest or otherwise render them unable to objectively serve, they may recuse themselves.

(B) If the elected official who is the subject of the complaint is a member of the immediate family of a member of the Commission, that Commissioner is prohibited from serving.

(6) The Ethics Officer shall then randomly select one or more of the alternates as necessary, to serve on the Commission to hear the pending complaint.

(7) The Ethics Commissioners shall be sworn in by the Ethics Officer.

(8) Any further rules or regulations necessary for the selection of the Ethics Commission may be established by the Ethics Officer.

(e) Terms, Officers, Duties, Removal

(1) Members of an Ethics Commission shall serve for one complaint and upon the conclusion of the matter, they shall be immediately relieved of their duties.

(2) The Ethics Commission shall select a Chair who shall hold office for the duration of the matter and shall communicate to others on behalf of the Commission.

(3) The Ethics Officer may remove any member of the Commission for neglect of duty, malfeasance, or furthering a merit less complaint with bias or prejudice.

(f) Powers of Ethics Commission

(1) The Ethics Commission has the power to make amendments to this chapter pursuant to Section 1.04.110.

(2) The Ethics Commission shall hear each particular complaint and provide a determination as to the conduct of the elected official who is the subject of the complaint provided that the Ethics Officer has determined that the complaint requires further investigation.

(3) The Ethics Commission may administer oaths and issue subpoenas to compel attendance and testimony of witnesses, or to produce any documents relevant to any matter before the Commission.

(4) The Ethics Commission may hold any subpoenaed witness in contempt upon a finding that the person has disobeyed any lawful order, process, writ, finding or direction of the Commission.

(5) The Ethics Commission may appoint a Tribal investigator to conduct investigations on behalf of the Commission.

(6) The Ethics Commission shall maintain a complete record of all hearings including all testimony, results submitted by the Tribal investigator, and documents presented as evidence. These records shall be maintained pursuant to rules and regulations established by the Ethics Officer.

(7) The Ethics Commission shall not be bound by formal rules of evidence as normally referred to in a Tribal court.

(8) The Ethics Commission shall conduct any meeting or hearing in open session. All minutes of open meetings or hearings shall be made available to the tribal membership within seven (7) days of such meeting or hearing.

(9) Upon the recommendation of the Ethics Officer, the Ethics Commission may review any non-frivolous complaint and dismiss any allegation that:

(A) Contains facts insufficient to constitute a violation of this chapter; or

(B) Contains insufficient evidence to support the allegation; or

(10) The Commission shall set forth its findings, recommendations and the imposition of any sanctions and/or penalties in writing within thirty (30) days of the hearing and the Commission shall deliver a copy of any order or decision to the appropriate branch of the government.

(11) All five members of the Commission must be present for the duration of any meeting or hearing in order for there to be a quorum.

(g) Allegations or Complaints of Ethical Violations

Allegations of unethical conduct, as defined in this chapter, by an elected official, shall be presented to the Ethics Commission through the Ethics Officer and processed in the following manner.

(1) Allegations of unethical conduct against an elected official shall be made in writing and submitted to the Ethics Officer.

(2) Any person who believes that an elected official has engaged in unethical conduct as defined by this chapter may submit a written complaint. The complaint shall specify the elected official against whom a complaint of unethical conduct is being made, and the conduct that is alleged to be unethical. The party making the complaint must provide all details of the allegation including the names of any witnesses and any documentation or other evidence supporting the complaint.

(A) Anonymous complaints shall not be received; all complaints must be signed and notarized in accordance with rules and regulations to be established by the Ethics Officer.

(3) An allegation of unethical conduct on the part of elected officials must be confirmed by the wronged person (victim).

(h) Initial Review of Allegation

(1) The Ethics Officer shall perform an initial review of all allegations of unethical conduct on the part of an elected official. This initial review may be conducted at the time the allegation is made, or at any time thereafter, provided that such review shall take place no later then thirty-one (31) days after it has been submitted.

(2) The purpose of the initial review shall be to determine whether the allegation made falls within the scope of this chapter, whether it is a frivolous complaint and whether the Ethics Commission has jurisdiction to make a determination as to the allegation of unethical conduct. The elected official against whom the allegation is made shall not participate in the initial review.

(3) As part of the initial review, the Ethics Officer shall conduct an investigation of all formal complaints. Upon completion of the investigation, the Ethics Officer may dismiss a complaint when the complaint is not based upon probable cause or is one the Commission does not have jurisdiction to hear.

(4) The Ethics Officer shall conduct an independent investigation when requested by the Tribal Council. If he or she finds as a result of the investigation that the allegation that warranted the investigation is based upon probable cause, and the Ethics Commission has jurisdiction to hear the allegation, the Ethics Officer may file a complaint on behalf of the Saint Regis Mohawk Tribe.

(i) Statute of Limitations

No complaint shall be considered by the Ethics Commission if more than five (5) years have passed from the date when the alleged violation occurred. Further, the Ethics Commission had no jurisdiction to hear a claim arising out of conduct which occurred prior to the date of enactment of this chapter, unless such conduct is of a continuing and on-going nature.

(j) Confidentiality

All records, transcripts and other documents in the possession of the Ethics Officer and the Ethics Commission shall remain confidential, unless such documents are required to be released pursuant to an appropriate court order.