SKOKOMISH ETHICS CODE
Adopted by Resolution No. 05-107 (October 12, 2005)
1.05.001 Purpose
1.05.010 Authority
1.05.020 Definitions
1.05.030 Standards of Ethical Conduct
1.05.040 Code of Ethics Oversight
1.05.050 Enforcement
1.05.060 Penalties
1.05.001 Purpose
The purpose of this Code of Ethics is
to establish ethical standards for the Skokomish Indian Tribe, its Tribal
Council, its Committees, and its government (hereafter, “officials and
employees”). All those acting on behalf
of the Skokomish Indian Tribe are imbued with a sacred trust to act in the
highest ethical manner, carrying out their duties in such a manner as to keep
inviolate the best interest of the Tribe and its members. Those Individuals elected, appointed, or
employed shall not place their personal interest above that of the Tribe.
1.05.010 Authority
This code is enacted pursuant to
Article IV, Section 1 and Article V, Sections l (j), (t), and (u) of the
Constitution of the Skokomish Indian Tribe.
1.05.020 Definitions
a)
Elective office means
any office regularly filled by a vote of the eligible members of the
Tribe.
b)
Standing Committees are
those committees, boards, authorities, teams or commissions whose members are
appointed by the Tribal Council to carry out designated actions or provide
advice and counsel to the elected Tribal Council.
c)
Employees are those
individuals hired or contracted by the Tribe to carry out identified duties and
responsibilities.
d)
Immediate Family means
father, mother, son, daughter, husband, wife, partner, brother, sister,
granddaughter, grandson, or any other person in a similar relationship living
in the home of an official or employee.
e)
Conflict of Interest
means an action taken by an official or employee of the Tribe which is in conflict
with his or her obligation to take actions in the best interest of the
Skokomish Indian Tribe. In most cases a
conflict of interest arises because an individual has taken an action in his or
her own personal interest rather than the interest of the Tribe or tribal
membership as a whole. A conflict of
interest does not necessarily arise when the individual takes an action or
position believing it to be in the best interest of the Tribe even though
others may disagree.
f)
Personal interest means
an action taken by an official or employee which is intended to benefit him or
her and/or his or her immediate family rather than the Skokomish Tribe or
tribal membership as whole. Personal
interest does not necessarily occur when an official or employee acts on a
matter or issue that results in an incidental benefit to him or her or to his
or her immediate family. Personal
interest may be determined by an objective review of the circumstances
surrounding the beneficial action.
1.05.030 Standards of Ethical Conduct
The following represents standards of conduct important to the
maintenance of trust and ethical behavior.
(a)
Officials and employees
of the Tribe shall treat service to the Tribe as a sacred public trust with
fiduciary responsibility to the Tribe requiring that they place loyalty to the
Tribe and its constitution, laws and ordinances above personal and private
gain.
(b)
Officials and employees
of the Tribe shall not hold financial interests that conflict with the
conscientious performance of their obligations to the Tribe.
(c)
Officials and employees
of the Tribe shall protect and conserve Tribal property and only use it for
authorized purposes.
(d)
Officials and employees
of the Tribe shall disclose instances when they believe there is fraud, waste,
abuse, and corruption to the appropriate authorities.
(e)
Officials and employees
of the Tribe shall make every effort to adhere to the laws, customs, and
traditions of the Tribe.
(f)
No official or employee
of the Tribe may use his or her position or office to obtain a personal gain of
substantial value for the personal benefit of himself or herself or for his or
her immediate family. For the purpose of this section substantial value is
defined as items exceeding $100 in value.
(g)
Officials and employees
of the Tribe shall not threaten, intimidate, or discipline any employee in
reprisal for the employee acting within the scope of the employee’s official
duties.
(h)
Officials and employees
of the Tribe shall not solicit or accept, directly or indirectly, anything of
value if the gift could reasonably be expected to influence the vote, official
actions, or judgment of the official or employee, or could reasonably be
considered a reward for any official action or inaction.
(i)
Officials and employees
of the Tribe shall not make public policy statements on behalf of the Tribe
without obtaining approval from the cognizant tribal authority.
(j)
Officials and employees
of the Tribe shall not disclose materials pertaining to those items discussed
in executive session except by a consensus of the Tribal Council.
(k)
No official or employee
of the Tribe shall take any official action or participate in a decision with
respect to a matter if it will have a direct and predictable effect on the
financial interest of the official or employee or his or her immediate family
member. Any official or employee in
such situation shall disqualify himself or herself from participating in a
discussion and /or vote on the matter.
1.05.040 Code
of Ethics Oversight
The Skokomish Tribal Council shall
designate a person not affiliated as an official or employee of the Tribe to
receive and investigate complaints of ethical misconduct pursuant to this
code. For the purpose of this code this
individual shall be identified as the Skokomish Tribal Ethics Officer.
(a)
Reporting Violations
Any person
who, in good faith, believes or has reason to believe that an official or
employee subject to this code has committed a violation may report such to the
Ethics Officer; or in the absence of an Ethics Officer, the Tribal Manager; or
if the Tribal Manager is the individual suspected of committing the alleged
violation, the Tribal Council Chairman; for investigation. An alleged violation must be reported within
(30) days of the alleged violation to trigger a finding of fact. Any report of an alleged violation shall
include but not be limited to the following information:
(1)
The name of the person
reporting the alleged violation and the name of the person whose alleged
nonconforming behavior is in question.
The name of the person reporting the alleged violation shall be kept
confidential by the ethics official, to the extent possible, if requested by
the person reporting the alleged violation.
(2)
The nature of the
alleged violation including the date, time, place, and persons involved or who
may have knowledge pertinent to the alleged violation. The report must clearly state the
provision(s) of the Code of Ethics allegedly violated.
(3)
A sworn statement
attesting that the information the person has forwarded is true, accurate, and
complete to the best of his or her knowledge.
(b)
A report of an alleged
violation shall be sent to the Ethics Officer (or responsible employee or
official as set forth in section (a) above) by U.S. mail, electronic mail, fax,
or by hand delivery to the Ethics Officer.
(c)
The Ethics Officer (or
responsible employee or official) must provide notice of the report to the
person who is alleged to have violated the ethics code and an opportunity for that
person to answer the allegations and to provide witness testimony and other
evidence on his or her behalf.
(d)
Frivolous complaints or
unsubstantiated allegations are violations of this Code of Ethics and may
additionally subject the complainant to civil suit in Tribal Court or other
court of competent jurisdiction.
(e)
The Ethics Officer (or
responsible employee or official) shall have (60) days to complete the
investigation and file a finding of fact report. Such reports shall be filed with the Tribal Council Chair or Vice
Chair as appropriate. All final determinations
by the Ethics Officer shall be made available for public review.
1.05.050 Enforcement
(a)
This Code shall be given
liberal interpretation in the interest of insuring compliance with its
requirements.
(b)
The Tribal Council as a
whole shall determine penalties for violations of the Code of Ethics by
individual Tribal Council Members.
(c)
The Tribal Council
Chairman and/or Council members designated by him shall determine penalties for
violations of the Code of Ethics for the following persons: Members of committees, boards, commissions,
teams, or authorities established by action of the Tribal Council; Tribal
Manager.
(d)
An Ethics Committee of
three persons unaffiliated with the alleged violation and selected by the
Tribal Manager shall determine penalties for violations of the Code of Ethics
for the following persons: General
Council President; Ethics Officer.
(e)
The Tribal Manager shall
determine penalties for violations of the Code of Ethics for Tribal employees,
pursuant to the established policies of the Tribe.
(f)
The enforcing official
or body must provide a copy of the finding of fact report to the person alleged
to have violated the ethics code, an opportunity for that person to present
witness testimony and other evidence on his or her behalf before penalties are
imposed, and an opportunity to request that the imposed penalties be reconsidered
by the enforcing official or body.
1.05.060 Penalties
Those
authorized to enforce the provisions of this Code shall ascribe the penalties
for violations, which may include, without limitation, restitution of any
improperly received benefit, monetary fines reflecting the severity of the
violation, or any other appropriate disciplinary action in accordance with the
Skokomish Constitution, the Skokomish Tribal Code, and the Personnel Policies
of the Tribe.