01.06.020 Ethical conduct, required.
All tribal officers, employees, volunteers and members, when conducting tribal business shall
(1) Uphold the honor of the tribe, being ever conscious that tribal service, at any level, is an ancient and sacred trust, and;
(2) Protect the general welfare of the tribe at all times, and;
(3) Comply with the spirit and letter of the constitution, bylaws, and codes of the tribe and never be a willing party to their evasion, and;
(4) Put loyalty to the tribe above loyalty to private persons, and;
(5) Never engage in outside employment or other activity not compatible with the discharge of one’s tribal position, appointment, or office, and;
(6) Not use tribal funds, buildings, equipment, stores, property, or vehicles for unofficial business; and,
(7) Give a full day’s work for a full day’s pay, always making diligent and earnest efforts toward the excellent performance and completion of all assigned duties, and;
(8) Never discriminate unfairly by the dispensing of special favors or privileges to anyone, whether for remuneration or not, and never accept for himself or his family favors or benefits under circumstances which might be construed by a reasonable person as influencing the performance of duties, and;
(9) Make no private promise implying a future tribal action or policy, since officers, employees, and volunteers, acting alone, have no private word binding on the tribe, and;
(10) Never use confidential tribal information obtained in the performance of tribal duties as a means of making profit, obtaining elective office, personal gain, or to defame an individual, family, or other group, and;
(11) Expose corruption wherever discovered to the proper authorities in a timely and appropriate manner to ensure a prompt, fair investigation, and a conclusive resolution of the charges, and;
(12) Avoid any conflict of personal and tribal interests.
(A) What is a conflict of interest? It is a conflict of personal and tribal interests for a member to accept any gift, compensation, payment of expenses, or anything of monetary, spiritual, or social value from any source if the acceptance of such actually results in, or would appear to substantially result in:
(a) Using a tribal position for excessive personal or private gain.
(b) Influencing the impartial nature of a tribal decision.
(c) Making of a tribal decision beyond one’s authority.
(d) Causing members to lose confidence in tribal officials.
(e) Giving extra preferences to family members, or friends.
(f) Altering the ordinary delivery of a tribal service to a member.
(B) What is not a conflict of interest?
(a) Personal vs. tribal property test. It is not a conflict of interest to accept gifts, grants, monies, artifacts, artwork, ceremonial items, food, supplies, and honorariums on behalf of the tribe when the items received will belong to the tribe as a whole and will not be considered personal property.
(b) Fair market value test. Conducting ordinary business or employing tribal members, their families, or friends is not inherently a conflict of tribal and personal interests, because it is always in the interest of the tribe to provide for the socio/economic well being of tribal members, families, and friends. As the tribe exists, in large part, to enhance the well being of members, it is not necessarily a conflict of interest when a member’s tribal connection does in fact enhance one’s personal well being. Therefore, it is not a conflict of interest for a member to have ordinary business dealings, employment, use of tribal property, and receipt of tribal benefits when the business dealings, compensation, use of property, or benefits received do not exceed fair market value.
(c) Third party decision test. Officiating, administering, or supervising first and second degree relatives (mother, father, sister, brother, spouse, son, daughter, cousin, uncle, aunt, and others) is not inherently a conflict of interest because it is always in the interest of the tribe for tribal members to maintain family relationships and strong tribal connections within their family; provided an official, administrator, or supervisor should excuse oneself from making final decisions concerning hiring, disciplinary, and financial matters exclusively affecting a family member. Whenever an official, administrator or supervisor feels a decision involving a family member might substantially appear to be in conflict with the rights and benefits available to other members of the tribe, the decision should be referred to the personnel committee or another disinterested third party. When such referral is made, no conflict of interest can exist.