Title 1 Government

Chapter 1.01 Tribal Procedures Act

1.01.010 Title - Tribal Procedures Act

This chapter shall pertain to the government of the Saint Regis Mohawk Tribe (hereafter referred to as "Tribe") and shall be known as the Saint Regis Mohawk "Tribal Procedures Act".

1.01.020 Purpose

This chapter will replace the "Act relating to Tribal Council Powers, Procedures, Initiative Referendum, Recall and Removal from Office" commonly referred to as the 1994 Procedures Act. This chapter significantly revises the 1994 Procedures Act by giving enrolled Tribal Members (hereafter referred to as Members) a greater voice in Tribal Government and making the Tribal Government more transparent and accountable to Members. The Ordinance allows more Member participation in the Tribal Government, makes it much less burdensome for Members to initiate petitions to enact laws, reject laws and place questions before the membership in a referendum process. The Ordinance also makes the Tribal Council's (hereafter referred to as Council) actions more transparent and open by requiring the Council to conduct its business through regular meetings open to the membership. In addition, the Ordinance establishes rules or conduct and procedures for Tribal Monthly Meetings, provides for a process allowing Members to review Tribal budgets and also allows Members access to public Tribal records.

1.01.030 Definitions

(a) "Eligible Voters" shall have the same meaning as the term is defined in the "Tribe's Election and Referendum Ordinance," as amended.

(b) "Member" means a person who is duly enrolled as a member of the Tribe.

(c) "Serious Crime" shall have the same meaning as the term is defined in the Tribal Ethics Ordinance, as amended, which states, "a felony or misdemeanor not involving an act of civil disobedience but that which involves an act of moral turpitude. Crimes of moral turpitude are crimes involving dishonesty such as larceny, fraud and murder."

(d) "Staggered Term" shall mean the system approved by tribal referendum in April 2004 whereby elections are held each year in June to fill two (2) of the six (6) elected officer positions - one Chief and one Sub-Chief.

(e) "Tribal Clerk" is an elected position for a term of three (3) years.

(f) "Tribal Laws, Acts and Ordinances" are forms of legislation intended to reflect the policies aimed at protecting the health, safety, well-being and sovereignty of the Tribal government and of tribal members. They are also intended to provide a lawful basis for the regulation and governance of the territory under the jurisdiction of the Saint Regis Mohawk Tribe.

(g) "Sovereign Authority of the Tribe" is the governmental authority to take any and all actions necessary to promote the health, safety, education and general welfare of the Saint Regis Mohawk Tribe and its members.

(h) "Tribal Council Resolutions" are the recorded decisions of Tribal Council on matters requiring a formal expression of such decisions. Some examples include, but are not limited to, adoption and amendment of Tribal Ordinances or laws that do not require Referendum vote, approval of grant applications, appointment of Administrators of estates and conduct of day-to-day Tribal business operations requiring a written record of Tribal Council approval.

1.01.040 Council

(a) Composition

(1) The Council shall consist of three (3) Chiefs, three (3) Sub-Chiefs and one (1) Tribal Clerk elected by Members.

(2) Each year one (1) Chief and one (1) Sub-Chief will be elected to the Council on a staggered term basis.

(b) Term of Office and Eligibility

(1) Chiefs and Sub-Chiefs will be elected to three (3) year terms of office.

(2) Tribal Clerk will be elected to a three (3) year term of office.

(3) Eligibility to run for Council shall be determined by the Tribal Election Ordinance, as amended from time to time.

The three (3) Chiefs shall exercise all legislative and executive powers of the Tribe including, but not limited to the following; subject to the restrictions set forth in Section 1.01.050: (Removal) and Section 1.01.060: (Referendum Powers):

(1) To promote and protect the health, safety, education and general welfare of the Tribe.

(2) To enact ordinances and adopt resolutions as the Tribe, and to enforce the same.

(3) To negotiate with Tribes, Federal, State and other national Governments.

(4) To charter subordinate organizations, including housing, financial, economic development, health and other community boards and commissions, and to delegate to such organizations or to any subordinate boards or official of the organizations the power to manage the economic affairs and enterprises of the Tribe, reserving the right to review any action taken by virtue of such delegated power.

(5) To establish a Tribal Education System exclusively for the benefit of its members and residents.

(6) To employ legal counsel and fix compensation and fees.

(7) To regulate its own procedures for the management of Council business through the adoption of ordinances and resolutions.

(8) To regulate the use and disposition of all land within the jurisdiction of the Tribe, including but not limited to, the enactment of ordinances providing for the manner of making, holding and revoking assignments of tribal lands or interest therein.

(9) To enact ordinances providing for the removal or exclusion of any non-members who may remain within the jurisdiction of the Tribe.

(10) To provide by ordinance for the establishment and regulation of organizations or entities including public and private corporations and for any lawful purpose which may be profit or non-profit making.

(11) To borrow money and issue bonds and other evidences of indebtedness for the public purposes of the Tribe.

(12) To negotiate and contract with the Federal, State, Local and other governments, and with the Council and governing authorities of other Indian Tribes or Indian organizations, and private organizations, corporations and other entities.

(13) To levy and collect fees general and special assessments from any members or other person, firm or entity residing on or engaged in revenue generating activity on the land of the Tribe in order to raise revenue for the needs of the Tribe.

(14) To request the Secretary of Interior to confer trust or reservation status on lands reserved for, granted to or purchased by the Tribe.

(15) To advise the Tribe and members on all appropriation estimates and Federal and State projects for the benefit of the Tribe.

(16) To provide by ordinance for the jurisdiction of the Tribe over Indian Child Welfare matters and all other domestic relations matters.

(17) To administer the tribal government and conduct inquiries and hearing on the activities and performance of the administrative operations of the Tribal government.

(18) To apply for or accept grants, cooperative agreements, and donations from any person, firm, corporation, foundation, foreign country, organization, state, local, government, or the United States of America and any subdivision or component thereof.

(19) To take any action that may be necessary to defend the rights of Tribal members and the rights and powers of the Tribe.

(20) To take any action that may be necessary to carry out the initiatives of the Tribe.

(21) To take any action that may be necessary to carry out the sovereign authority of the Tribe.

(d) Powers and Duties of the Sub-Chiefs

(1) The Sub-Chief shall have all the power and shall perform all the duties of the Chief with whom s/he is elected for the remainder of the Chief's term of office, in the case of such Chiefs' inability to act due to the following:

(A) Chief dies during term of office.

(B) Chief deemed mentally incompetent by a licensed physician, with authentication by the Tribal Clerk.

(D) Chief resigns.

(2) The Chief may give authority to his or her Sub Chief to act upon his or her absence, or temporary inability to act, in writing, such writing to be delivered to the Tribal Clerk and shall indicate the duration and extent of authority designated.

(3) The duties of the Sub-Chief are determined by their respective Chief.

(e) Powers and Authority of the Tribal Court

(1) As defined in the Tribe's Judiciary Act, as amended from time to time.

(f) Powers and Authority of the Tribal Clerk

(1) As defined in the Tribal Clerk Act, as amended from time to time.

1.01.050 Removal

(a) Recall of Tribal Council

(1) Members of the Tribe shall have the right to recall a Council member by filing a petition signed with a minimum of ten percent (10%) of eligible voters with the Election Board.

(A) The Recall Election shall be held when a petition containing 10% of eligible voters required above is verified by the Tribal Clerk.

(B) The Member must register the petition with the Tribal Clerk, who shall determine the number of signatures required, as of the date upon registration of the petition. Such number to be valid for a period of one (1) year from the date of registration.

(D) To Recall a Council Member, a majority of those voting must vote in favor of his/her Recall.

(2) Council members may also be recalled pursuant to the provisions of the "Tribal Ethics Ordinance", as amended from time to time.

1.01.060 Referendums

(a) Authority of Members to Initiate Referendums

Members shall have power to initiate referendums subject to the provisions set forth in this section and in any regulations that are issued pursuant to this chapter ("Initiative").

(1) A referendum may be called to adopt new laws, reject or amend existing laws, or to pose questions on issues that affect the community.

(2) In order for a referendum to be placed on the ballot for a vote, the Member must obtain the valid signatures of five percent (5%) of eligible voters.

(3) The Member must register the petition with the Tribal Clerk, who shall determine the number of signatures required, as of the date upon registration of the petition. Such number to be valid for a period of one (1) year from the date of registration.

(4) In order for the referendum to be validly approved it must pass by a majority of votes cast.

(5) The Election Board shall conduct a Tribal Referendum within ninety (90) days of receipt of a valid petition.

(b) Authority of the Council to Initiate Referendums

(1) The Council may place any proposed or existing law or question to the membership for a referendum vote by a majority vote of the Chiefs.

(2) The Council must place the following issues to the membership through the referendum process:

(A) Fundamental changes to the membership qualifications of the Tribe;

(B) Fundamental changes to the rights of membership of the Tribe;

(D) Fundamental changes in the voting requirements of the Tribe;

(E) Fundamental changes in the basic government structure of the Tribe; and

(F) Non-budgeted, non-emergency expenditures by the Tribe, of Tribal General Funds, that are in excess of $2,500,001.00.

(1) The Tribal Election Board shall be responsible for administrating the Tribal Election and Referendum Ordinance.

1.01.070 Monthly Tribal Meetings

(a) General Provisions

(1) The Council shall schedule regular meetings on the first Saturday of each month to conduct business and meet with Members. In rare instances, the Council shall have the ability to change the meeting date, but only upon adequate public notice.

(A) The May Tribal meeting will be held on the second Saturday.

(B) The June Tribal meeting will be held on the second Saturday.

(2) The meetings shall be held at the Tribal Community Building or such place as shall be established by the Council upon giving advanced notice to the community.

(3) The meetings shall be chaired by one of the Chiefs.

(4) The meetings shall be open to all Members.

(5) If a Member wants to have an item on the Agenda s/he must call the Council's office no later than close of business on the Monday before the scheduled meeting.

(6) The Chief who is chairing the meeting shall decide upon the final agenda for the meeting.

(b) Rules of Procedure for Meetings

The Chair shall preside over the Meeting and shall use the rules contained in the current edition of Robert's Rules of Order Newly Revised to govern the assembly in all cases to which they are applicable and in which they are not inconsistent with this Tribal Procedures Act and any special rules of order, practice and/or custom of the Saint Regis Mohawk Tribe, existing or that may be adopted.

(1) Meetings will begin promptly at 10:00 a.m. and will adjourn no later than 1:00 p.m.

(2) The Tribal Clerk shall take a count to determine if a quorum (twenty-five (25) enrolled members and 2 of 3 Chiefs) is present, the chair shall then call the meeting to order. The count shall include elected officials.

(3) If there is no quorum by 10:15 a.m., there is no meeting.

(4) If a quorum is present, the Chair shall call the meeting to order.

(1) Conduct should be respectful in the Meetings.

(2) Members should not interrupt while another is speaking.

(3) Comments should be constructive and directed to the topic that is being discussed.

(4) There shall be a time limit of five (5) minutes for any one member to discuss an issue.

(5) There will be no discussions of a personal nature.

(6) There will be no discussions related to personnel issues.

(7) Photographs and videos of the meetings are not permitted unless prior approval from the assembly is obtained.

(8) Violation of any of the above rules may result in a tribal member being removed from the meeting; or any other action being taken by the Chair of the meeting, including suspension of the meeting.

(d) Motions from the Floor

(1) With the exception of personal and/or personnel matters, Members may make motions at a Monthly meeting to request the Council to take any action that is within the Council's authority provided that there is a quorum present and the motion is seconded by a Member.

(2) The motion must be presented in a form that clearly states the action being motion must be pre requested of Council.

(3) The motion will pass upon a majority vote of Members, at the meeting.

(4) If the motion passes, the Council will place that issue on its Agenda for the next scheduled Work Session and report back to the Community at the next Monthly Meeting on what, if any action was taken.

(5) In response to such motions, it is the responsibility of Council to consider each motion and make an independent decision whether acting upon the motion is in the best interests of the Saint Regis Mohawk Tribe, as a whole, and, if so, to take official action upon the motion.

(6) In the event that the Council determines not to take action upon a motion from the floor, the Member has the option of utilizing the Petition/Initiative process to require a referendum on the matter.

(e) Meeting Minutes

The purpose is to have an accurate record of what is discussed.

(1) The Tribal Monthly Meeting shall be electronically recorded by the Office of the Tribal Clerk.

(2) Should a Member wish to listen to the recording, the Tribal Clerk shall set forth a time and location for the recording to be available for review.

(3) The minutes of the Tribal Monthly Meeting shall consist of a summary of the actions taken, or requested to be taken, as well as a summary of Tribal Council Resolutions passed by Tribal Council for the month immediately prior.

1.01.080 Work Sessions

(a) The Council shall designate a period of time to hold Work Session to act upon resolutions, ordinances and conduct other official business of the Tribe. These meetings will be held at least two times a month (bi-monthly) or more frequently at the Council's discretion when the need arises and such meetings shall be recorded by the Tribal Clerk's Office.

(b) The Work Session shall be held in the Tribal Council Boardroom or any other location Tribal Council deems appropriate, and is open to all Members, except for executive session.

(c) The Council may take official action on pressing matters outside of Work Session; however, any such actions taken must be presented at the next Work Session and must be recorded.

1.01.090 Tribal Council Resolutions

(a) All decisions of the Council on matters where a formal expression of approval is needed shall be written in a Resolution.

(b) A Resolution may be proposed by any member of the Council, any Tribal member, or any Tribal program or department.

(c) A resolution shall be submitted as outlined by TCR 2011-50, as amended from time to time, and presented to Council for action in a Work Session and shall be adopted when at least two out of three Chiefs vote to accept it.

(d) Tribal Council Resolutions enacting Laws, Acts or Ordinances shall meet the additional requirements set forth below.

1.01.100 Tribal Laws, Acts and Ordinances

As summarized below, the procedure for enactment of Tribal Ordinances is as follows:

(a) Formal enactment of Tribal Laws, Acts or Ordinances (together "Ordinances") shall be evidenced by the adoption of a Tribal Council Resolution.

(b) An Ordinance may be proposed by the Council, any Tribal Member or any Department or Program of the Tribe. (A member may also propose an ordinance via the referendum process, refer herein to Section 1.01.060(a)).

(c) The proposed ordinance and the review process, including provisions for review and comments by Members, is set forth in the following procedure:

(1) Initial review by the Council shall be conducted within thirty (30) days.

(2) The Tribal Clerk shall issue a notice to the Tribal Membership that such legislation is being presented for comment. The date of this notice shall commence the thirty (30) day comment period. Comments may be presented at public meetings, or in writing to the Tribal Clerk's Office.

(3) Following the draft comment period, Tribal Council shall have at least thirty (30) calendar days to consider the comments received and create a final draft of the proposed legislation and shall provide responses to the comments made in the form of a response summary.

(4) Once a final draft is complete, it shall be submitted to the Tribal Clerk, who shall issue a notice to Tribal Membership that such legislation is being presented for final action.

(5) Upon the conclusion of the final thirty (30) day notice period, Tribal Council may take action to enact the Ordinance when at least two of three Chiefs vote to adopt the proposed legislation.

(d) In the event that Tribal Council elects to put the pending Ordinance to a referendum vote or adoption of the Ordinance requires a referendum vote pursuant to Section 1.01.060(b)(2), or the Ordinance has been put forward through the Referendum process, the Referendum Election process shall be followed.

(e) If the Referendum results in a vote to accept the Pending Ordinance:

(1) The Election Board will ensure the Appeal Process of the Referendum Election process, is adhered to.

(2) The Election Board will certify the Referendum Election Vote and present the certified vote to Council.

(3) The Pending Ordinance is enacted and Tribal Council shall take all steps necessary to implement the Ordinance.

(f) If the Referendum results in a vote to not accept the Pending Ordinance:

(1) The Election Board will conduct the Appeal Process of the Referendum Election process.

(2) The Election Board will certify the Referendum Election Vote and present the certified vote to Council.

(3) The process is terminated and the Pending Ordinance and a copy of the certified vote is presented to the drafters of the Pending Ordinance.

1.01.110 Open Records

(a) Open Records: The following categories of information are "open" and available to Tribal members:

(1) The names and titles of employees of the Tribe;

(2) Job postings;

(3) Census data regarding population (not membership);

(4) Salary, bonuses and benefits received by elected or appointed officials of the Tribe:

(5) Human resource policy manuals;

(6) Tribal Court opinions or court decisions (subject to redaction of confidential or minor information);

(7) Tribal ordinances, policies and resolutions and amendments thereto;

(8) Publicly filed organizing documents of any Saint Regis Mohawk Tribal entity (i.e. charters);

(9) Annual financial audits, all financial disclosures that have been deemed open to Tribal Members;

(10) Minutes of Tribal Council open meetings, as per TCR 2011-55;

(11) List of eligible voters (can only be viewed in the clerk's office from Caucus to election and only for purposes of verifying voter eligibility);

(12) Statistical data of Tribal members (numbers only); and

(13) Election candidate lists, voting results.

(b) Public Records: The following information is deemed "Public" and is available to the general public.

(1) Laws and Policies

(2) Company and/or business names

(3) Newsletters

(4) Policies and procedures such as personnel policy and court procedures.

(5) Sex offender registry

(6) Media Releases and publications

Tribal government business often includes matters relating to Tribal business enterprises. The purpose of these exceptions is to address the non-disclosure of certain business records, records of a sensitive nature, or situations where the Tribal members' right to access is outweighed by the Tribe's interest in keeping such records confidential.

The following shall be exempt from disclosure and inspection shall not be granted:

(1) Proposals and bids for any contract or agreement, including information which if it were disclosed would frustrate procurement or give an advantage to any person proposing to enter into a contract or agreement with the Tribe, until an award or final selection is made and after deletion of the portions which are exempt from disclosure under this law. Information prepared by or for the body in preparation of a bid solicitation shall be exempt until an award or final selection is made;

(2) Contracts or other agreements which specifically prohibit disclosure of the content of the contract or agreement to third parties;

(3) Any and all records related to: contracts containing a confidentiality or nondisclosure provision; any proposed contracts or employment related contracts;

(4) Any personally identifiable information including medical, financial, personnel records or similar files or information, including but not limited to Tribal enrollment numbers, social security numbers.

(5) Privileged attorney-client information or attorney work product and all related records.

(6) Records of law enforcement agencies, prosecution, or regulatory agencies that deal with detection and investigation of crimes.

(7) Matters specifically exempted from disclosure by applicable federal, state, or tribal statute or law.

(8) Any records containing proprietary information, trade secrets or information that would be deemed privileged in litigation;

(9) Drafts, notes, recommendations, memoranda and other records in which opinions are expressed, or policies or actions are formulated;

(10) Inter-office communications relating to proposals or matters which have not been introduced for consideration in an open meeting. This includes: Inter-office memorandums, personal notes, drafts, communications with staff and other records which relate to ongoing matters or works in progress currently being performed;

(11) Records that would reveal the exact location of archaeological sites;

(12) Records related to security and community safety;

(13) Any court records that would otherwise not be disclosed by the court, any records that have been sealed, any documents or records protected by attorney client privilege;

(14) Records or information for which disclosure would jeopardize the functioning of the Tribal government or an entity partly or wholly owned by the Tribe;

(15) Geological and geophysical information and data, including maps, concerning wells;

(16) Any information related to higher education and student records; and

(17) Value of rare books or collections

1.01.120 Financial Accountability

(a) Public Meetings Required

(1) The Council shall hold at least three (3) Public meetings each year for the purpose of presenting and explaining to the Membership the Annual Tribal Budget.

(2) Notice of the Public Meeting and a summary of the Annual Tribal Budget shall be provided to the membership at least fifteen (15) days prior to the first Public meeting. At this Public meeting, which shall be held no later than November 15^th of each year, the Council and their Staff shall present the Annual Tribal Budget and respond to any questions or concerns presented by Members.

(3) Members will have a fifteen (15) day period to provide their comments and concerns about the Annual Tribal Budget to the Council.

(4) A second Public meeting shall then be held, at which the Tribal Council will respond to any public comments received.

(5) A third Public meeting shall be held no later than August 15th each year and at this Public meeting the Council shall present a mid-year report on the Approved Annual Tribal Budget providing revenues and expenditures to that date.

(b) Budget Modifications

(1) The Tribe's expenditures for the upcoming fiscal year shall be limited to the approved Tribal Annual Budget subject to the following:

(A) Budget modifications by Tribal Departments will be permitted with limits established by the Tribe's Finance Department and material modifications will be reported at the August Public meeting.

(B) Any proposed modification, involving the Tribal General Fund Supplement to the Annual Tribal Budget, that exceeds $1,000,000.00, must be presented in a Public meeting, scheduled for that purpose, for approval by Tribal Council.

(C) Tribal Council may, in the event of a community infrastructure emergency or natural disaster, take any measures necessary to protect the health, safety and welfare of the community and community members.

(2) In the event that the Council determines that an expenditure, not included in the Annual Budget is necessary, and is over $2,500,001.00, approval must be obtained through a Referendum.

1.01.130 Amendment Provision

This chapter may be amended (see Section 1.01.060) by a duly conducted Referendum.

1.01.140 Severability Clause

The provisions of this chapter are severable and if any part or provision shall be held void by Tribal court the decision of the Tribal court shall not affect or impair any of the remaining parts or provisions of this chapter.

1.01.150 Repeal of Prior Laws

This chapter repeals and supersedes all of the "Act relating to Council Powers, Procedures, Initiative Referendum, Recall and Removal from Office" commonly referred to as the 1994 Procedures Act, including amendments, and any other Ordinances, Acts or Laws that are inconsistent herewith.

1.01.160 Rules of Compliance

Failure to administer or comply with this Tribal Governance Ordinance may result in the implementation of Section 1.01.050.

Chapter 1.02 Tribal Clerk Act

1.02.010

There is hereby created an elected office of the Tribal Clerk. The Tribal Clerk shall be elected on a non-partisan basis for a three (3) year term. The role of the Tribal Clerk holds no decision- making or policy development powers and serves only in the capacity as the official recorder for the Saint Regis Mohawk Tribe. The Tribal Clerk shall perform the following duties:

(a) Administer and oversee the Tribal Election Procedures Act as written for in the Tribal Election Procedures Act.

(b) Administer and oversee the Tribal Membership Code as written in the Tribal Membership Code.

(c) Certify official acts of the Tribal Council as may be reflected in Ordinances, Tribal Council Resolutions, minutes or other official acts of the Tribal Council in accordance with ordinances and procedures adopted by the Tribal Council without prejudice.

(d) Certify officials records of the Saint Regis Mohawk Tribe when requested by other Tribal officials or the public without prejudice.

(e) Record and transcribe minutes of the monthly Tribal Meetings and Executive Sessions as requested by Tribal Council.

(f) Administer the Public Access Act.

(g) Make record of Wills, leases, and property conveyances in accordance with Tribal Ordinances without prejudice.

(h) Receipt of any monies authorized pursuant to a Tribal Treaty, or the New York State Indian Law.

(i) Supervise the Deputy Clerk.

1.02.020 Non-Partisan Office

The Tribal Clerk is hereby declared a non-partisan Officer of the Saint Regis Mohawk Tribe. The Tribal Clerk shall run for office on a non-partisan basis. The Tribal Clerk may not participate in a partisan tribal political campaign while elected to office as Tribal Clerk. The Tribal Clerk may run for the Tribal Chief but must give a six months notice of intent to run for another office to the Tribal Council. If formally nominated for another Tribal Office at a caucus meeting, the Tribal Clerk shall temporarily relinquish his or her duties off office to a Deputy Clerk who shall become the acting Tribal Clerk until after the election.

1.02.030 Deputy Clerk

Subject to the availability of funding and approval of the Tribal Council, the Tribal Clerk may appoint one or more Deputy Clerks to assist the Tribal Clerk.

1.02.040 Absence of the Clerk

Should the elected Tribal Clerk be absent from the Tribe because of official business, illness, injury, personal emergency or vacation, a Deputy Clerk shall be designated to assume the duties and responsibilities of the Tribal Clerk. The Tribal Clerk shall not be absent from the Saint Regis Mohawk reservation or office during the Tribal Caucus, annual elections, and referendum votes unless there is a bona-fide personal emergency due to illness, or incapacity to perform the duties of the Office of the Tribal Clerk.

1.02.050 Provisions as Cumulative

The provision of this Chapter shall be cumulative to existing law.

1.02.060 Repeal Provisions and Conforming Amendments

The provisions of this Chapter supersede any provisions of the New York State Indian Laws to the extent of their inconsistency with any provisions of this Saint Regis Mohawk Tribal Clerk Act of 2003.

Nothing in this Chapter shall be construed as impairing, amending, or repealing any treaty or trust obligation between the Saint Regis Mohawk Tribe, State of New York, or the Federal Government.

1.02.070 Severability

This provisions of this Chapter are severable and if any court of competent jurisdiction shall hold any part or provisions void the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this Chapter.

Chapter 1.03 Election and Referendum Ordinance

1.03.010 Purpose

The purpose of this chapter is to provide uniform and consistent procedures for the management of Saint Regis Mohawk Tribal Elections and Referendums.

1.03.020 Definitions

(a) "Absentee Ballot" means a ballot that is sent by the Tribal Clerk's office along with an affirmation.

(b) "Alternate Voting Methods" means the different means of voting outlined in Section 1.03.080.

(d) "Campaign paraphernalia" or "campaigning"-anything used to encourage people to vote in a particular way and which is intended to influence a vote for a particular result. Advertisement or notice to the community about where and when to vote or to simply vote in general with no intention to influence in any way is not considered campaigning. In addition, an aid, to assist a voter in the proper spelling of a candidate's name is allowed, but only if all it has is the Candidate's name and no other information.

(e) "Candidate" means a person who has been nominated at Caucus and has met the eligibility criteria as determined by the Election Board in Section 1.03.040(c) of this chapter.

(f) "Caucus" means a duly convened meeting for the purpose of nominating candidates for elected positions by enrolled Tribal members following the processes outlined in this chapter.

(g) "Civil Disobedience" means a deliberate, but nonviolent act of law breaking to call attention to a particular law or set of laws believed by the lawbreaker to be of questionable legitimacy or morality.

(h) "Election" includes the Annual Election as well as any recall, Special Election, or run- off election, which begins on the first day of voting.

(i) "Election Board" means the primary Election Board members and alternate Election Board members, unless otherwise stated.

(j) "Eligible Voter" means anyone who meets the eligibility criteria under Section 1.03.070 of this chapter.

(k) "Eligible Voter's List" means a list, compiled by the Tribal Clerk, of enrolled members who meet the eligibility criteria under Section 1.03.070 of this chapter.

(l) "Fraud" means a knowing misrepresentation of the truth or concealment of a material fact to induce another to act.

(m) "Polling Area" means the Saint Regis Mohawk Tribe Ionkwakiohkwaro:ron Administration Building and adjacent parking lots, or any other area designated as such by the Election Board.

(n) "Recall Election" means any election where Eligible Voters must decide whether an elected official must be recalled from elected office.

(o) "Referendum" means any question posed to Eligible Voters in accordance with Section 1.03.150 of this chapter.

(p) "Serious Crime" shall have the same meaning as the term is defined in the Tribal Ethics Ordinance, as amended which states a felony or misdemeanor, not involving an act of civil disobedience, which involves an act of moral turpitude. Crimes of moral turpitude are crimes involving dishonesty such as larceny, fraud or murder, for example.

(q) "Special Election" means an election held at a time other than the regularly scheduled June election and which may be held to fill a vacant elective position.

(r) "Tribal Council" or "Council" means the Saint Regis Mohawk Tribal Council, the governing body of the Tribe

(s) "Valid Petition" shall mean a petition which contains the requisite number of valid signatures and a clear referendum question in order for the proposal to be set for referendum in accordance with the Tribal Procedures Act.

(t) "Valid Photo Identification" means identification, which contains a picture of the Tribal member, issued by a government entity and which is sufficient to establish a person's identity.

(u) "Write-In Candidate" means anyone whose name is not on the ballot, but has fulfilled the requirements of Section 1.03.050(e) of this chapter.

1.03.030 General Provisions

(a) Annual Elections shall be held on the first Saturday in the month of June.

(b) Special Elections may be held as deemed necessary by the Election Board.

(d) The Candidate who receives the highest number of votes in a popular Election of Eligible Voters shall be declared elected to the position for which they ran, or a Write- In Candidate if they have been deemed eligible for the position for which they ran.

(e) Each Candidate may appoint one observer to oversee the election process following the Rules of Selection and Conduct for Observers adopted by the Election Board, including:

(1) To be an appointed observer, a person must be an Eligible Voter;

(2) Candidates must submit the observer's name to the Tribal Clerk's office at least 72 hours prior to the scheduled Election, and the Tribal Clerk's office will forward the name to the Election Board;

(3) Write-In Candidates are not eligible to appoint an observer;

(4) Appointed observers will be allowed to observe the proceedings only;

(5) Appointed observers will not engage in any behavior that could be construed as harassing, intimidating, or disruptive, to the general voting public nor shall observers interact with any voters; and

(6) Appointed observers must remain in the building where the Election is taking place for the duration of the Election. In the event that an observer leaves the building, they will not be allowed to return to the Polling Area.

(f) The Election Board may appoint election workers who meet qualifications set by the Election Board for either an Election or Referendum. The Election Board shall assign tasks to the election workers to be performed. The terms of work for election workers is as follows:

(1) The Tribal Council shall pay reasonable compensation to the election workers for their time;

(2) The Election Board shall select the election workers based on a public notice for applicants; and

(3) Election workers, at minimum, must be tribally enrolled members over 18 years of age, must not be an employee of the Saint Regis Mohawk Tribe, must not be immediate family of an Election Board member, must not be immediate family to a Candidate or Write-In Candidate, and must attend training provided by the Election Board prior to working at an Election or Referendum.

(g) Cell phones, cameras, and all other portable electronic devices shall be prohibited for use by any person in the Polling Area on the scheduled Election day for the duration of the Election.

(h) The Election Board has the authority to remove any individual found in violation of this chapter from the Polling Area.

(i) In some instances, Tribal staff may be required to enter the building for some purpose other than voting. The Election Board has the authority to determine who may be allowed in the Polling Area during an Election or Referendum and counting of votes.

(j) Any campaign event for a single Candidate including a Write-In Candidate or in support of a single Candidate or Write-In Candidate must be registered with the Election Board forty-eight (48) hours before it occurs. No campaign event shall permit any sort of incentive to vote including any sort of drawing for a prize. All campaign events must comply with the Election Board's adopted policies and procedures, which outlines the policies and procedures regarding campaign events.

(k) No person shall campaign, nor shall any Campaign paraphernalia be permitted on Tribally-owned property as designated by the Election Board.

(l) Where the Tribal Clerk is required to act under this chapter, those responsibilities may be designated to the Deputy Tribal Clerk or another designee of the Tribal Clerk.

(m) Solely for the purposes of the Tribal Procedures Act (TCR 2013-32 or as amended), Section 1.03.060(c)(1) the Election Board includes the Appeal Panel.

1.03.040 Election Board

(a) Election Board Appointment:

(1) The Tribal Council shall appoint members to the Election Board, through a Tribal Council Resolution, which shall consist of three (3) members and up to two (2) alternates. Alternates must meet the requirements of Section 1.03.040(b) herein.

(2) The appointment term of office of Election Board members shall be five (5) years and staggered, with terms expiring every other year. Where a vacancy occurs, Tribal Council can appoint a new Election Board member to fill the length of the unexpired term. Tribal Council can reappoint Election Board members and alternates through a resolution, at its discretion.

(3) Tribal Council may appoint an alternate(s) for a term of three (3) years. Alternates are expected to attend Election Board meetings and act in situations such as absent Election Board members, resignations, recusals, or while an existing vacancy is being filled. Alternates will receive compensation equal with that of regular Election Board members.

(b) Election Board Qualifications:

(1) To serve on the Election Board, members must:

(A) Meet the criteria of an Eligible Voter; and

(B) Pass a drug test and meet the criminal background requirements for Candidates, as defined in this chapter.

(1) Upon accepting the appointment to serve, each Election Board member shall take and sign an oath that shall become part of the Election Board's records stating that they will serve according to the best of their ability and shall make every effort to prevent fraud or abuse in the Election or Referendum process.

(2) Each Election Board member must sign and abide by the Saint Regis Mohawk Tribal Boards, Commissions, & Committees Code of Conduct. Failure to do so may result in removal from the Election Board by Tribal Council. Breach of the Saint Regis Mohawk Tribal Boards, Commissions, & Committees Code of Conduct shall result in removal from the Election Board by Tribal Council upon the Election Board's recommendation.

(3) The Election Board shall adopt by-laws, regulations, and procedures consistent with this chapter, as necessary, and shall be responsible for performing their duties in accordance with this chapter, their by-laws, policies, and procedures, including carrying out all aspects of conducting an Election or Referendum. All by-laws, regulations, and procedures adopted by the Election Board shall be listed in an appendix to this chapter and made publicly available.

(4) The Election Board shall have the power to conduct all Elections and Referendums free from any outside influence and shall do so in accordance with this chapter.

(5) Further, the Election Board shall have the power to conduct a Recall Election at the direction of the Ethics Officer upon a final determination of the Ethics Commission or resulting from a vote during a Recall Referendum.

(6) The Board shall perform all tasks required of it by this chapter and shall be responsible for the following:

(A) Provide public notices of the time, date, and place for Caucus, Elections, and Referenda;

(B) Provide information on Candidate and voter eligibility;

(D) Confirm Candidates meet the eligibility criteria as prescribed in Section 1.03.050 herein with an affidavit prescribed by the Election Board;

(E) Prepare ballots and ballot boxes for voting;

(F) Ensure at least one (1) Saint Regis Mohawk Tribal Police Officer shall be present in the Polling Area from opening to closing of voting and shall witness the counting process;

(G) Verify with the Tribal Police Officer that all ballot boxes are empty prior to the start of voting;

(H) Supervise the counting of ballots at the close of polls;

(I) Arrange for necessary personnel to staff election tasks prior to the Election;

(J) Ensure sufficient number of voting booths;

(K) Provide tally sheets to record election results; and

(L) Officially and publicly announce election results.

(7) The Election Board shall be responsible for maintaining accurate and organized records of all Elections, Referenda, petitions, appeals, and any other materials or documents related to the administration of this chapter.

(8) The Election Board shall maintain records of its decisions to guide future decisions, to ensure consistency and uniformity in the application of the Ordinance.

(9) The Election Board may request technical opinions or guidance from appropriate professionals in making decisions under this chapter.

(d) Election Board Compensation:

(1) Each Election Board member shall be compensated at a rate set by the Tribal Council for the time spent discharging their responsibilities as an Election Board member.

(e) Election Board Equipment and Materials - Payment of Expenses:

(1) According to a budget approved by Tribal Council, the Election Board may procure equipment, supplies, materials, books, papers, and records of any kind, as well as training to conduct elections, as the Election Board deems necessary to facilitate and assist in administering this chapter.

1.03.050 Eligibility of Candidates

(a) All Candidates must possess the following qualifications:

(1) Have been nominated by two (2) Eligible Voters. Eligibility of nominators will be determined at the time of the nomination;

(2) Not have been convicted of any serious crime as defined by this chapter and must sign a release authorizing a criminal background check within three (3) business days of Caucus;

(3) Individuals must be willing to sign an affidavit stating they not only meet the above listed requirements, but they are also a person of good character and sound judgment;

(4) Be subject to and must pass a drug test prior to being declared an eligible Candidate. The drug test must take place within three (3) business days of Caucus. The results of the drug test shall remain on file for three (3) months following the Election and may be used to establish or deny eligibility to run for office in a Special Election held during this time frame; and

(5) A Candidate may only run for one (1) position in any given election.

(b) Tribal Chief, Tribal Sub-Chief, and Tribal Clerk Candidates must possess the following additional qualifications:

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

(2) Be an Eligible Voter of the Saint Regis Mohawk Tribe;

(3) Be at least thirty (30) years of age at the time of Election; and

(4) Have resided on the Saint Regis Mohawk Reservation, as defined by the Treaty of 1796, or within a 15-mile radius of the Saint Regis Mohawk Reservation in the United States as adopted by the Election Board, for at least one (1) year immediately prior to the Election.

(1) All Tribal Court Judges must be at least twenty-five (25) years of age before the date of nomination and further, candidates for elected Tribal Court Judgeships shall meet the following qualifications:

(A) Traffic Court Judge - At a minimum, such Candidates shall meet the following requirements:

(i) Possess High School diploma; and

(ii) Willingness and ability to participate in any required training;

(B) Chief Judge (Tribal Court or Court of Appeals) - The Chief Judge/Justice must be an attorney with at least five (5) years' experience and knowledge working with federal Indian and Tribal Law and customs. Further, such candidates shall meet the following requirements:

(i) Must meet one or more of the following professional qualifications to be eligible to serve as a Tribal Chief Judge:

(I) Graduation from an American law school accredited under the American Bar Association;

(II) Admission to practice law before any State or Federal Court; or

(III) Previous experience as a magistrate or lay judge in any local or tribal court.

(i) Must meet one or more of the following professional qualifications to be eligible to serve as a Tribal Associate Judge/Justice:

(I) Graduation from an American law school accredited under the American Bar Association;

(II) Admission to practice law before any State or Federal Court;

(III) Possession of a Bachelors or Advanced Degree with substantial law- related experience; or

(IV) Previous experience as a magistrate or lay judge in any local or tribal court.

(d) Incumbent Candidates

(1) All incumbent Candidates elected to the positions of Tribal Chief, Tribal-Sub-Chief, and Tribal Clerk are subject to the Ethics Ordinance.

(2) All incumbent Candidates elected to the positions of Tribal Court Judges are subject to the Judicial Oversight Commission Ordinance.

(e) Write-In Candidates

(1) A person who was not nominated during Caucus may only run for elected office as a Write-In Candidate by filing with the Election Board a "Statement of Write-In Candidacy", which shall contain the following:

(A) Write-In Candidate's name(s) to be accepted on a ballot;

(B) Write-In Candidate's name as it appears on the Tribal Membership Rolls;

(D) A declaration stating they are running as a Write-In Candidate; and

(E) The elective position for which the Write-In Candidate is running.

(2) Any person who fails to submit a Statement of Write-In Candidacy as outlined above shall not be considered as a Write-In Candidate and any ballot with such person's name shall be considered void.

(3) Should a Write-In Candidate be declared the winner of an elective position, that Write-In Candidate must meet all requirements specified in this section, except Section 1.03.050(a)(1), before their election to such position is certified by the Election Board.

1.03.060 Term of Office

(a) Chief and Sub-Chief:

(1) Pursuant to the referendum held on April 24, 2004, Tribal Council members shall be elected to staggered three (3)-year terms.

(b) Tribal Clerk:

(1) The Saint Regis Mohawk Tribal Clerk shall be elected to a 3-year term.

(1) Tribal Council shall retain the authority to appoint Judges/Justice until such time as those positions are initially put for election.

(2) The term of office for all Judges/Justices, once the position is initially put for election, shall be three (3) years.

(3) At this time, only Traffic Court Judges and the Chief Judge of Tribal Court are elected positions.

(d) Vacancies:

(1) The Tribal Council shall inform the Election Board that there exists a vacancy on Council and shall direct the Election Board through a Tribal Council Resolution to include the vacant position among those positions to be filled in the next upcoming Election.

(2) If a current elective position is vacated due to resignation, the official will be required to provide written notice of their intent to resign their office to the Tribal Council.

(3) Vacancies due to resignation, removal, or death shall be filled as follows:

(A) Vacancy of the Tribal Clerk's position:

(i) The term of the vacant position shall be the number of years remaining on the Tribal Clerk's term; and

(ii) Tribal Council may appoint an individual who would otherwise meet the qualifications, to the position until the next Annual Election.

(B) Vacancy of a Chief's position:

(i) The vacant Chief's position shall be filled by his or her Sub-Chief for the number of years remaining on the Chief's term.

(i) Tribal Council may either leave the position vacant, or may appoint an individual, who would otherwise meet the qualifications, to the position of Sub-Chief until the next Annual Election; and

(ii) The Tribal Council shall direct the Election Board through a Tribal Council Resolution to include the vacant Sub-Chief position among those positions to be filled in the next Annual Election for the number of years remaining on the Sub-Chief's term.

(D) Vacancy of a Tribal Court Judge or Justice:

(i) The Tribal Council may either leave the position vacant, or may appoint an individual temporarily, who meets the qualifications for the position, to the position until such time as the position is put to election, not to exceed three (3) years.

(4) Vacancy of an Incumbent Candidate:

(A) If a current elected official, who has not finished their current term, wishes to be a candidate for a different elected position or wishes to obtain other full- time employment, that official will be required to relinquish the remaining term of their current office unless that official's term has expired.

(B) The official will be required to provide written notice of their intent to resign their office to the Tribal Council one (1) week prior to the Caucus.

(C) The Tribal Council shall confirm the resignation, inform the Election Board that there exists a vacancy in the vacated position and shall direct the Election Board through a Tribal Council Resolution to include the vacant position among those positions to be filled in the next upcoming election.

(D) The term of the vacant position shall be the number of years remaining on the resigned official's term.

(E) The only elective officials exempt from the provisions of this section shall be non-full time Judges/Justice, who shall be permitted to retain their position as Judges/Justices while otherwise employed or seeking employment, so long as such employment does not constitute a conflict of interest with their appointment as a Judge or Justice.

1.03.070 Eligibility of Voters

(a) At the time of voting an eligible voter must:

(1) Be at least eighteen (18) years of age;

(2) Be an enrolled member of the Saint Regis Mohawk Tribe;

(3) Reside in the United States for at least six (6) months immediately prior to the Election; and

(4) Have their name on the most current Eligible Voters List. It is the responsibility of all Tribal members to ensure they are on the eligible voters list.

(b) The Saint Regis Mohawk Tribal Clerk's Office shall provide the Election Board with a final Eligible Voters List by close of business, the last business day prior to the Election or Referendum. Individual voters are responsible for making sure their name is on this list.

1.03.080 Alternate Voting Methods

(a) The Election Board shall conduct Alternate Voting Methods to increase access to voting and these methods shall include:

(1) Absentee Voting;

(2) In-Home Voting;

(3) Walk-In Voting; and

(4) Curbside Voting.

(b) Each Alternate Voting Method shall comply with procedures adopted by the Election Board to govern each voting process and maintain the integrity and security of the voting process.

1.03.090 Caucus Procedure

(a) Caucus shall be held annually on the third Saturday in April for the Annual Election, except as outlined herein:

(1) Where the third Saturday in April falls on a day following a holiday adopted by the Tribe, the Caucus shall be held on the second Saturday in April for the Annual Election; or

(2) At any other time set by the Election Board to conduct any other type of Election, also including a Special Election.

(b) Caucus shall be held in accordance with the following procedures:

(1) The Election Board will call the Caucus to order at 10:00 a.m.

(2) The Election Board shall review the eligibility criteria for candidates.

(3) The Election Board will open the floor for nominations for the elective positions.

(4) Nominees for all elected positions must be present to accept or refuse the nomination at the time of the Caucus.

(5) Nominators must be an Eligible Voter.

(6) All prescribed forms for elective positions will be available at the time of Caucus and in accordance with nomination procedures.

(7) The Election Board shall call the Caucus to an end when all nominations are completed. The Election Board will then read aloud all nominations to provide all attendees with the unofficial list of candidates and publicly release the nomination list.

1.03.100 Nominations

(a) Nominations shall be received at the scheduled Caucus.

(b) Nominations shall be received on forms prescribed by the Election Board. Any person whose name is on the eligible voters list has the right to nominate or second the nomination of any duly qualified person to run for the elective offices that are posted.

(d) No person may accept a nomination nor may a person run for more than one (1) position in any Election.

(e) All nominees are responsible for submitting the required paperwork as outlined in Section 1.03.050(a) herein and taking their drug test within three (3) business days of Caucus.

(f) Once nominations are closed during the Caucus, the Election Board shall require each nominee to establish their eligibility as a Candidate by completing an affidavit stating that they fulfill the eligibility requirements.

1.03.110 Verification of Candidates

(a) The Election Board shall post an unofficial list of candidates no later than five (5) business days, but no earlier than three (3) business days after Caucus. The Election Board will not be responsible for any nominee's failure to submit the required paperwork or take the required drug test prior to the posting of the unofficial list of candidates.

(b) The Election Board shall adopt verification procedures to determine the eligibility of candidates.

(c) The Election Board shall determine whether each nominee is eligible to be a candidate under each corresponding section of this chapter by verifying their eligibility in accordance with the following requirements and timelines:

(1) For any position having a residency requirement, the residency determinations shall be made within two (2) business days of the close of Caucus. Should a nominee be deemed ineligible, the nominee has until the close of business of the Friday immediately following the Caucus, in which to prove their residency eligibility. The Election Board's decision regarding residency may be appealed to the Appeal Panel pursuant to Section 1.03.160 of this chapter.

(2) Serious Crimes, good moral character, and good judgement preliminary determinations shall be made within three (3) business days of the close of Caucus.

(3) Eligible Voters may file an objection to a nominee's eligibility from the date of releasing the unofficial list until five (5) business days after its release. Should the Election Board determine based on the Eligible Voter's complaint that a nominee is ineligible to be a Candidate, the nominee shall be provided notice with reasons for the Election Board's determination of ineligibility and the nominee shall have three (3) business days after receiving such notice in which to prove their eligibility.

(4) The Election Board shall render its decision on Serious Crimes, good moral character, and good judgment six (6) business days following Caucus or within three (3) days of receiving the criminal background check report, and the Election Board's decision may be appealed to the Appeal Panel in accordance with Section 1.03.160 of this chapter.

(5) All other candidate qualifications shall be determined upon receipt of the signed affidavit stating that the nominee fulfills the eligibility requirements for the nominated position. On a prescribed form, each Nominee may indicate how they would prefer their name to be written on the ballot to include the addition of a nickname.

(d) After verifying Candidate eligibility as outlined in this Section, the Election Board shall post the official list of Candidates no later than three (3) weeks after Caucus.

(e) Any Candidate, who has accepted a nomination, may withdraw if they wish, by filing a "Notice of Withdrawal" as required by the Board, prior to any ballots being mailed out as part of Absentee Voting.

(f) Once a Candidate has withdrawn, the Candidate may not reinstate their candidacy for that Election.

1.03.120 Voting Procedure

(a) The Board shall issue ballots containing the following information:

(1) The Elective Position in question; and

(2) The names of all Candidates running for the elective position in the order that they were nominated at Caucus.

(b) Any eligible voter who is in line at the polling station at the time of closing shall be entitled to vote.

(c) Each person presenting himself to vote must sign in and present their Tribal Enrollment card or Valid Photo Identification prior to receiving their ballots for the Election and the Election Board or election worker must put the Eligible Voters enrollment number next to their name on the sign-in sheet.

(d) Upon receiving the ballot each voter shall:

(1) Immediately proceed to the designated voting area and place an (X) or check mark (√) or other mark which a majority of the Election Board members agree clearly defines the choice, in the box beside the name of the candidate for whom he or she is voting;

(2) Each ballot shall be placed in the designated ballot box for each electoral position; and

(3) Once a person completes the voting process they must immediately exit the polling place.

(e) A voter who inadvertently spoils a ballot may return it to the Election Board in order to obtain another ballot, and an Election Board member shall write or stamp the word "SPOILED" upon it, deposit it into the ballot box, and provide the voter with another ballot.

(f) Any person at the time of voting who decides not to vote must return the ballots to the Election Board and must immediately exit the building.

(g) No person is permitted to leave the polling place with any ballots in their possession. Election officials or Tribal Police shall, upon discovery, seize ballots in the possession of anyone leaving the polling place. Seized ballots will be marked "SEIZED" and "VOID". The provisions of this section shall not apply to election officials required to move or process ballots as part of their official duties.

(h) Any person who attempts to deposit anything other than the ballots in the ballot box will be asked to leave the polling place.

(i) No person shall Campaign, nor shall any Campaign paraphernalia be permitted in the Polling Area during an Election. If Campaign paraphernalia is brought into the Polling Area, the Election Board shall be notified, the individual in possession of such paraphernalia shall be removed immediately, and the Election Board shall take steps necessary to prevent recurrence.

(j) Members of the media, as well as protestors, shall not be permitted in the Polling Area during an Election. Except with permission from the Election Board, members of the media may set up in a designated location at a designated time to hear the unofficial results.

(k) Eligible Voters requiring assistance may take a person of their choosing to assist them to cast their ballot at the time of voting and must notify an Election Board member or election worker of this upon their arrival at the Polling Area.

1.03.130 Counting Procedure

(a) Immediately following the casting of the last ballot and the closure of the polling place, the Election Board shall, in the presence of any appointed observers and the Saint Regis Mohawk Tribal Police Officer, open the ballot boxes one by one. As ballots are examined, the Election Board shall determine the validly of ballots and:

(1) Reject and write or stamp "VOID" on all those ballots:

(A) That do not have any markings of them;

(B) That have marks other than one (X) or check mark (\uF0FC), or mark approved by the Election Board, in the assigned space;

(D) That contains the name of a write-in candidate who has not filed a "Statement of Write-In Candidacy" to the Election Board by the close of voting.

(2) Report in writing on the backside of the ballot the reason for the rejection citing the sub-section from this section. The rejected ballot will be signed by all Election Board members present to confirm the invalidity of the rejected ballot.

(3) The ruling of the Election Board regarding the validity of a ballot may be appealed to the Appeal Panel after the unofficial results have been released.

(b) In the presence of the Election Board and the Saint Regis Mohawk Tribal Police Officer, the election worker(s) shall:

(1) Count the confirmed ballots for each Candidate, Write-In Candidate, or referendum question; and

(2) Count the rejected ballots indicating the number of SPOILED and VOID.

(c) The Election Board may use electronic voting and/or counting equipment and shall adopt regulations for their use that protects the integrity of the voting and counting process.

1.03.140 Unofficial and Official Results

(a) Following the counting of confirmed ballots, the Election Board shall:

(1) make a written statement of the number of confirmed votes and the number of rejected ballots;

(2) Sign the written statement showing the unofficial results;

(3) Publicly announce the unofficial winners of all elective positions and results of any referendum question(s); and

(4) Release the signed statement showing the number of votes that were cast at the time of the Election, the amount of votes for each candidate, and results of any referendum question(s).

(b) Absent any appeals, the Election Board shall declare the official winners of all elective positions after five (5) business days, or, until a Write-In Candidate's verification of Eligibility is completed.

(c) In the event appeals are filed that only impacts certain elective positions, the remaining unaffected elective positions shall be declared the official winners after five (5) business days and results of unaffected referendum question(s) shall be certified.

(d) In the event of a tie the Election Board shall recount the ballots for the position in question, and:

(1) After the confirmation of a tie, the Election Board shall call for a Special Election one (1) week from the regular election, or as soon as possible; and

(2) In the event of a tie involving a Write-In Candidate, the Election Board shall verify the Write-In Candidate's eligibility prior to calling for a Special Election. If the Write-In Candidate is deemed ineligible for the elective position, then the Candidate with the highest vote will be declared the unofficial winner.

(3) In the Special Election, only the Candidate(s) who have tied will be on the ballot and a Caucus will not be held. All other requirements for Election must be followed.

(e) A swearing-in ceremony for successful Candidates for elective positions shall be held within thirty (30) days of the release of Official Results by the Election Board.

(f) In the event the successful Candidate for a position fails to take office for any reason, including a successful appeal of the Election results, the position will be filled by a Special Election to be held as soon as practicable in accordance with this chapter.

1.03.150 Referendums

(a) A Tribal Referendum must occur within ninety (90) days of receipt of a valid petition or the 2/3 vote of Tribal Council.

(b) The referendum question shall be presented to the community at a minimum of three (3) public meetings to be held at the Saint Regis Mohawk Tribe Ionkwakiohkwaro:ron Administration Building or another suitable location prescribed by the Board.

(c) The referendum question shall be posted in the Saint Regis Mohawk Tribe Ionkwakiohkwaro:ron Administration Building, at least one local newspaper, and shall be aired as an announcement on CKON Radio Station at least thirty (30) days prior to the date of the Referendum.

(d) The community announcement must include the following information:

(1) Referendum question;

(2) Date of Referendum;

(3) Polling location for Referendum;

(4) Polling location hours; and

(5) Contact information should a community member have questions.

(e) At least one (1) Saint Regis Mohawk Tribal Police Officer shall be present in the Polling Area from opening to closing and shall witness the counting process.

(f) Eligibility of voters for a referendum shall be the same as prescribed in Section 1.03.070 of this chapter.

(g) The Saint Regis Mohawk Tribal Clerk's office shall provide the Board with a final Eligible Voters List by close of business, the last business day prior to the Election or referendum. Individual voters are responsible for making sure their name is on this list.

(h) Absentee voting shall be the same as prescribed in Section 1.03.080 of this chapter.

(i) The Referendum results shall be decided by a majority of Eligible Voters casting ballots in the Tribal Referendum.

(j) No minimum number of voters must cast ballots in order for the results of a Tribal Referendum to be adopted.

(k) The numerical results of a Referendum shall be certified by the Board.

(l) Any appeals to the results of a Referendum shall be dealt with in accordance with Section 1.03.140 of this chapter.

(m) Petitions

(1) A petition for referendum must clearly state that the Petition is for the purpose of conducting a referendum, and include the referendum question to be asked.

(2) Upon submission to and acceptance by the Election Board, a petition shall be deemed final and complete and no further signatures shall thereafter be added.

(3) The following procedures shall be used for verification of petitions:

(A) The Election Board shall acknowledge receipt of Petition, in writing, addressed to the individual presenting the Petition.

(B) As of the date of the submission of the Petition, the Tribal Clerk will generate the Eligible Voters List and determine both the number of eligible voters of the SRMT and the number of valid signatures required for a Petition to be successful.

(C) In order for a signature to be valid, the individual signing the Petition must be on the Eligible Voters List as of the date of the submission of the Petition.

(D) The Tribal Clerk, or their designee, shall verify each signature by reviewing the Petition against the Eligible Voters List.

(E) Valid signatures for a Petition must include:

(i) Printed Name;

(ii) Signature;

(iii) Enrollment Number; and

(iv) Date of Birth.

(F) If the signature does not contain all of these requirements, but the Tribal Clerk, or their designee, can ascertain whether the individual is an Eligible Voter, the signature shall be accepted and counted.

(G) The Tribal Clerk, or their designee, shall make the final determination as to the validity of any signature and may take into consideration whether the signature is legible, whether an individual has signed multiple times, or whether a name properly matches with an enrollment number, among other considerations.

(H) Once all of the signatures have been reviewed by the Tribal Clerk, or their designee:

(i) If the Petition contains the required number of valid signatures, the Petition shall be verified and presented to the Election Board for action to call for a Referendum in accordance with the Petition; or

(ii) If the Petition does NOT contain the required number of valid signatures, or does not clearly state the referendum question being asked, a written notice will be sent to the individual who presented the Petition, by the Tribal Clerk or their designee, notifying him/her that the Petition has been denied and shall state the reasons for the denial.

1.03.160 Appeal Panel

(a) Appeal Panel Appointment:

(1) Appeal Panel Composition: The Tribal Council shall appoint with a Tribal Council Resolution five (5) members to an Appeal Panel whose mandate is to review appeals made pursuant to this chapter. The Appeal Panel is not considered part of the Election Board and is a standalone decision-making body.

(2) Appeal Panel Term: The term of appointment for the Appeal Panel members shall be staggered five (5)-year terms, with initial appointments made according to a staggered schedule.

(b) Appeal Panel Qualifications:

(1) To serve on the Appeal Panel, members must be Tribally enrolled, must pass a drug test, and meet the criminal background requirements for Candidates, as defined in this chapter.

(1) Upon accepting an appointment, each Appeal Panel member shall take and sign an oath that shall become part of the Appeal Panel's records stating that they will serve according to the best of their ability and shall make every effort to undertake review of the Election Board's decisions and to faithfully execute this chapter.

(2) The Appeal Panel members must sign and abide by the Saint Regis Mohawk Tribal Boards, Commissions, & Committees Code of Conduct. Failure to do so may result in removal from the Panel by Tribal Council. Breach of the Saint Regis Mohawk Tribal Boards, Commissions, & Committees Code of Conduct shall result in removal from the Appeal Panel by Tribal Council upon the Appeal Panel's recommendation.

(3) The Appeal Panel shall adopt by-laws, regulations, and procedures consistent with this chapter, as necessary, and shall be responsible for performing their duties in accordance with this chapter, their by-laws, policies, and procedures, including carrying out all aspects of reviewing appeals.

(4) The Appeal Panel shall have the power to review submitted appeals free from any outside influence and shall do so in accordance with this chapter.

(5) The Appeal Panel shall convene prior to any Annual Election, Special Election, or Referenda to:

(A) Select a Chair who will be responsible for managing any appeals that may be filed; and

(B) Review and adopt hearing procedures that will be made publicly available for the duration of the Annual Election, Special Election, or Referenda.

(6) In the event an appeal is filed the Chair shall work with the Appeal Panel members to identify any conflicts and select two (2) additional members to hear the appeal.

(7) The Chair shall act as the primary spokesperson for the Appeal Panel throughout the appeal process.

(8) The Appeal Panel shall hear the following appeals under this chapter, including:

(A) Decisions regarding the determination of Candidate eligibility, including determinations regarding a Candidate's residency; and

(B) Requests to overturn Election and Referendum results, which will only be considered under the following circumstances:

(i) That a person declared elected was not qualified to be a Candidate;

(ii) That there was a violation of this chapter in the conduct of the Referendum or Election that may have changed the result; and

(iii) That there was corrupt or fraudulent practice in relation to the Ordinance, on the part of elected officials, Election Board members, or Candidates.

(9) Appeal Panel decisions are final and are not subject to appeal to the Tribal Court.

(10) Complaints of minor procedural violations or error may be addressed, in writing, by the Appeal Panel, but shall not be the basis for either a hearing or overturning an Election or Referendum result.

(11) Prior to the Annual Election, or for any Special Election, Recall Election or Referenda, the Appeal Panel members must declare any actual conflicts of interest or any perceived conflicts of interest.

1.03.170 Appeals and Hearing Procedures

(a) General Provisions:

(1) Any appeals of any decision made by the Election Board pursuant to this chapter must be in writing, addressed to the Appeal Panel within five (5) business days of the Election Board's decision, and include the prescribed filing fee.

(2) Any appeal of an Election or Referenda unofficial results must be in writing and addressed to the Appeal Panel within five (5) business days immediately following the posting of unofficial results of the Election or Referendum, and include the prescribed filing fee.

(3) The Appeal Panel shall determine if an appeal filed has merit to warrant a hearing and shall conduct a hearing according to the provisions in Section 1.03.160 and hearing procedures adopted by the Appeal Panel.

(4) For appeals regarding a nominee's eligibility, the Appeal Panel shall meet within two (2) business days of receiving such appeal to decide whether to have a hearing or dismiss the appeal.

(5) For appeals regarding the determination of Candidate Eligibility, the Appeal Panel shall issue a final written decision or decision to dismiss the appeal within five (5) business days of receiving an appeal. Where the Appeal Panel determines that the nature of the challenge to Candidate Eligibility has no merit, no further appeals of that nature will be considered without new substantive information, including appeals filed after the unofficial results are announced.

(6) For appeals requesting to overturn Election and Referendum results, the Appeal Panel shall issue a final written decision or decision to dismiss the appeal within ten (10) business days of receiving an appeal.

(7) All decisions made by the Appeal Panel shall be final and there shall be no appeals to Tribal Court.

(b) Hearing Provisions For Candidate Eligibility:

(1) Where the Appeal Panel has determined to hold a hearing regarding determination of Candidate Eligibility, the hearing will be scheduled within three (3) business days after the receipt of an appeal.

(2) Before a hearing, notice shall be provided by the Appeal Panel to the:

(A) Complainant; and

(B) The named party in the appeal, who shall also receive a copy of the appeal.

(3) Before the hearing, the Complainant and named party will be given the opportunity to examine any documents filed by the Complainant and any public documents at the Tribal Clerk's office that are directly relevant to the hearing. The Complainant and named party will be allowed to request a copy from the Tribal Clerk of any such document at their expense.

(4) If the Complainant or named party plan on introducing any documents during the hearing or having witnesses, a copy of the documents or list with the names of witnesses with contact information must be provided to the Appeal Panel at least one (1) day in advance of the hearing for the purpose of making the information available to all parties.

(5) The Complainant or named party may, but is not required to, be represented by a lawyer or other representative at their expense.

(6) If the Complainant or named party fails to appear at the time scheduled for the hearing, the Appeal Panel may determine that the right to a hearing has been waived, in which case the appeal or complaint may be dismissed or decided upon based on the written complaint filed.

(7) The Appeal Panel will have sole responsibility for regulating the conduct of the hearing. Failure to follow the Appeal Panel's directions may result in exclusion from the hearing, in a decision against the disorderly party, or in such other relief as the Appeal Panel shall reasonably determine.

(8) Evidence will be considered without regard to admissibility under the normal strict rules for judicial proceedings. All hearings shall be conducted informally, and both oral and documentary evidence pertinent to the facts and issues raised may be received. The Appeal Panel alone will have the authority to decide challenges to the admissibility of evidence.

(1) Where the Appeal Panel has determined to hold a hearing, the hearing will be scheduled within five (5) business days after the receipt of an appeal and the Appeal Panel shall release a summary of the nature of the appeal to the community.

(2) If the Appeal Panel determines that an appeal has merit to hold a hearing, the Election Board, when requested, shall provide the Appeal Panel with documents it has available. Deliberations of the Election Board are deemed confidential and cannot be disclosed to the Appeal Panel.

(3) Before a hearing, notice shall be provided by the Appeal Panel to the:

(A) Complainant; and

(B) Responding Party, including:

(i) The named party in the appeal, who shall also receive a copy of the appeal; or

(ii) Where there is no named party and the appeal is seeking to overturn election results, the Candidate-elect who is the target of the appeal shall be provided a copy of the appeal and be provided with an opportunity to respond.

(4) If the Candidate-elect chooses to file a response to an appeal they must file it within three (3) business days of receiving the appeal to the Appeal Panel. A copy of the Candidate-elect's written response and any documents will be provided by the Appeal Panel to the Complainant in advance of a hearing.

(5) Before the hearing, the Complainant and Responding Party will be given the opportunity to examine any documents filed by the Complainant, responses filed by the Responding Party, and any public documents at the Tribal Clerk's office that are directly relevant to the hearing. The Complainant and Responding Party will be allowed to request a copy from the Tribal Clerk of any such document at their expense.

(6) If the Complainant or Responding Party plan on introducing any documents during the hearing or having witnesses, a copy of the documents or list of names of witnesses with contact information must be provided to the Appeal Panel at least one (1) day in advance of the hearing for the purpose of making the information available to all parties.

(7) The Complainant or Responding Party may, but is not required to, be represented by a lawyer or other representative at their expense.

(8) If the Complainant or Responding Party fails to appear at the time scheduled for the hearing, the Appeal Panel may determine that the right to a hearing has been waived, in which case the appeal or complaint may be dismissed or decided upon based on the written complaint filed.

(9) The Appeal Panel shall have sole responsibility for regulating the conduct of the hearing. Failure to follow the Appeal Panel's directions may result in excluding someone from the hearing, or in such other relief as the Appeal Panel shall reasonably determine.

(10) Evidence will be considered without regard to admissibility under the Tribe's evidentiary rules. All hearings shall be conducted informally, and both oral and documentary evidence pertinent to the facts and issues raised may be received. The Appeal Panel alone will have the authority to decide challenges to the admissibility of evidence.

1.03.180 Amendment

(a) This chapter may be amended by:

(1) A duly conducted Referendum; or

(2) By the Election Board through an Election Board memorandum recommending amendment, provided the amendment is confirmed by a vote of the Tribal Council through the adoption of a Tribal Council Resolution.

1.03.190 Repealer

This chapter shall supersede and replace all prior Ordinances, or portions thereof, adopted by the Saint Regis Mohawk Tribe, as they pertain to the matters contained herein.

Chapter 1.04 Ethics Ordinance

1.04.010 Title

This chapter shall be known as the Saint Regis Mohawk Tribal Ethics Ordinance.

1.04.020 Authority

The Saint Regis Mohawk Tribal Council is vested with the authority to represent and act on behalf of the tribal membership and the Saint Regis Mohawk Tribe. The Tribal Council exercises broad executive, legislative and judicial authority.

The Tribal Clerk exercises those powers set forth in TCR 2003-115.

As such, the Tribal Council and the Tribal Clerk are vested with the trust of the tribal membership.

1.04.030 Purpose and Policy

The purpose of this chapter is to require elected officials to be accountable to the tribal membership and to act with integrity and honesty and to maintain high standards of honesty, integrity, fairness and impartiality in their conduct.

The Tribal Council and the Tribal Clerk shall act in the best interest of the Saint Regis Mohawk Tribe and the tribal membership. This chapter is intended to guide the actions of elected officials and provide guidance for the conduct of tribal business, to protect the interests of the tribal membership, and to protect the reputation and integrity of the Tribal Government.

1.04.040 Definitions

(a) "Act of Civil Disobedience" means a deliberate, but nonviolent act of law breaking to call attention to a particular law or set of laws believed by the lawbreaker to be of questionable legitimacy or morality.

(b) "Actual Conflict of Interest" occurs when an elected official takes official action that would financially impact the official, the official's immediate family, or a business with which the elected official or an immediate family member is associated.

(c) "Ceremonial and customary Gift" means a gift that is given to an Elected Official as a symbol of appreciation to the Tribe and not as a personal gift to the Elected Official.

(d) "Elected Official" means the three Tribal Chiefs, the three Tribal Sub-Chiefs, and the Tribal Clerk. It does not include elected Tribal Court judges who are subject to the ethical standards of the Tribe's Judicial Conduct Code.

(e) "Employment" includes professional services and other services rendered by an elected official, whether rendered as an employee, consultant or other independent contractor.

(f) "Ethics Commission" is a panel of five members and three alternates, entrusted to hear and impose sanctions on all matters relating to ethics in government.

(g) "Ethics Officer" is the person selected by the Tribe under this chapter to oversee and coordinate ethics violations. The position is a part-time, as needed basis position, not a full time position.

(h) "Executive Session" means a session of the Tribal Council that is closed to all persons except Tribal Council members and the Tribal Clerk, necessary staff as designated by the Tribal Council and the Tribal Clerk, and invitees. Tribal Council may meet in executive session to discuss matters involving personnel, litigation, negotiations, or confidentiality as deemed essential to a free and open discussion.

(i) "Favorable action" means the approval of a contract or agreement, award or a bid, granting of a business opportunity, negotiation on behalf of pursuant to government-to-government relations with federal, State, or local governments or agencies, or the extension of any economic benefit.

(j) "Fraud" means a knowing misrepresentation of the truth or concealment of a material fact to induce another to act.

(k) "Frivolous" shall mean a complaint that is filed that is not supported by any credible evidence. For example, a complaint is frivolous if it is based upon hear say, a statement not corroborated by another credible witness, and/or is not supported by any written documents.

(l) "Gift" means anything of value based upon an understanding that one's official action may be influenced thereby. Gift does not include food and drink totaling less than $50 and ceremonial awards costing less than $100.

(m) "Immediate Family" means father, mother, son, daughter, husband, wife, brother, sister, grandparents, grandchildren, and any other person in a similar relationship, and any person living in the Tribal Council member's or Tribal Clerk's household.

(n) "Laws" means statutes, codes, ordinances, resolutions, directives, rules, policies and procedures that are now in effect and those that may be issued and in effect in the future.

(o) "Perjury" means the voluntary violation of an oath to tell the truth by swearing to what is untrue or by omission to do what has been promised under oath.

(p) "Personal Interest" for the purposes of this chapter means an action taken by a Tribal Council member or the Tribal Clerk which is intended to benefit the Tribal Council member or the Tribal Clerk and/or his or her immediate family rather than the Saint Regis Mohawk Tribe or tribal membership as a whole.

(q) "Potential Conflict of Interest" occurs when an elected official takes official action that could financially impact the elected official, the official's immediate family or a business with which the elected official or an immediate family member is associated.

(r) "Serious Crime" means a felony or misdemeanor, not involving an act of civil disobedience, which involves an act of moral turpitude. Crimes of moral turpitude are crimes involving dishonesty such as larceny, fraud, murder for example.

(s) "Saint Regis Mohawk Tribe" means the federally recognized American Indian Tribe known as the Saint Regis Mohawk Tribe with government offices at the Community Building, Akwesasne, New York.

(t) "Tribal Clerk" for the purposes of this chapter shall mean the duly elected Tribal Clerk in his/her official capacity.

(u) "Tribal Council" for the purposes of this chapter shall mean the duly elected Chiefs and Sub-Chiefs together in their official capacity.

(v) "Tribal Meeting" shall mean a regular scheduled monthly meeting of the Saint Regis Mohawk Tribal Council, the Tribal Clerk and with the tribal membership.

(w) "Valuables" mean items in excess of $20.00.

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.

1.04.060 Disclosure Statement, Filing Requirements

(a) Persons required to File Annual Disclosure Statements

(1) The following persons shall be required to file a Disclosure Statement in accordance with the provisions of this chapter.

(A) Three Chiefs

(B) Three Sub-Chiefs

(2) Elected officials shall complete and file their disclosure forms once a year at the deadline established by the Ethics Officer and shall include all information required to be disclosed for the entire twelve month period of the previous calendar year.

(b) Confidentiality of Disclosure Statements

(1) Disclosure Statements filed by elected officials shall be kept on record with the Ethics Officer during the term of the elected official. They shall be maintained in the same manner and the same extent as confidential personnel records of the Tribe and shall not be deemed, maintained, nor used for any purpose or in any manner as a public record, nor shall the contents of any Disclosure Statement be made available for inspection or copying by any person in any manner except as required for the determination of relevant information pertaining to examinations, investigations or hearing conducted in accordance with this chapter.

(2) Violations of any provisions of this section shall be punishable in the same manner and to the same extent as provided by any provision of law applicable to unauthorized disclosure of confidential information of any privileged official information or records of the Tribe.

(3) Except that information disclosed regarding business affiliations and economic interests shall be separately disclosed to the other members of Tribal Council.

(4) At the end of the elected official's term all records shall be transferred to the office of the Tribal Clerk.

1.04.070 Appointment of Ethics Officer

(a) An Ethics Officer shall be appointed by the Tribal Council within thirty (30) days of the enactment of this chapter.

(b) The Ethics Officer shall meet the following requirements:

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

(2) Be 30 years of age or older.

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

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

(5) Possess a Bachelor's degree, or demonstrate equivalent life experience or competency, in an area of study that would qualify the person to act in the position of Ethics Officer, such as law, government affairs, accounting, ethics or human resources.

(6) Possess knowledge and understanding of Mohawk political history and have lived in Akwesasne for a substantial portion of his or her life.

(7) Not have any actual or perceived conflicts of interest or personal interests with any one particular special interest group.

The successful candidate shall be presented at the next regularly scheduled Tribal meeting for final consent and approval by the majority vote of those Tribal members present and eligible to vote.

(d) Establishment of Rules and Regulations

The Ethics Officer shall, within sixty (60) days of his or her appointment, establish rules and regulations to govern the procedural aspects of the Ethics Ordinance.

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.

1.04.090 Sanctions and Penalties

The Ethics Commission may impose a sanction or sanctions against any elected official who is found to have engaged in unethical conduct under this chapter. Such sanctions may include, but shall not be limited to, the following:

(a) The recommendation of recall election of an elected position forwarded to the Elections Board, the Tribal Council and the Tribal Clerk.

(b) Forfeiture of all compensation and benefits received for their service, for not more than one hundred and eighty (180) days.

1.04.100 Appeals

The elected official may appeal a final decision of the Ethics Commission to an Ethics Commission formed specifically for the purpose of hearing the appeal. The Commission shall be comprised of members who were not involved in hearing the initial complaint.

1.04.110 Amendment

This chapter shall be amended by a petition presented by a tribal member or by the recommendation of the Tribal Council. The petition or recommendation shall be given to the Ethics Officer who shall form an Ethics Commission to decide whether or not to amend the Ordinance. That decision shall be forwarded to the Tribal Council for amendment.