CHAPTER 3-1
SCOPE AND PURPOSE

3-1-1 Purpose.

It is the purpose of this Title to establish simple, fair, straightforward, and efficient procedures governing the removal process of Tribal officers and to mediate grievances from the membership, thus protecting the Tribe and its Constitution from arbitrary or reprehensible acts. These provision and rules shall be known as the Grievance Committee Procedure Act.

3-1-2 Definitions.

The following definitions shall apply unless another meaning is clearly indicated by the context.

(A)    Bribery. “Bribery” shall mean the act of offering, giving, receiving or soliciting something of value for the purpose of influencing an action in the discharge of one’s public or legal duty.

(B)    Complaint. “Complaint” shall mean an allegation of misconduct in office.

(C)    Embezzlement. “Embezzlement shall mean to willfully take, or convert to his own use, another’s money or property, by reasons of his office, employment or position of trust.

(D)    Grievance. “Grievance” shall mean a perceived injury, injustice or wrong whether or not it would constitute misconduct in office.

(E)    Improper Influence. “Improper influence” shall mean the persuasion which is short of actual force that overpowers another’s free will to make intelligent and voluntary decisions, or denies or impedes another in the exercise or enjoyment of any right, power, or immunity.

(F)    Investigative Hearing. “Investigative hearing” shall mean a Grievance Committee hearing to determine if there is indicative evidence of misconduct in office.

(G)    Malfeasance. “Malfeasance” shall mean the commission of some act which is unlawful which the party had no right or authority to do which affects, interrupts or interferes with the performance of ones duties.

(H)    Malice. “Malice” shall mean the intentional act without just cause to inflict ill will.

(I)    Moral Turpitude. “Moral turpitude” shall mean an act of such vileness, or depravity in the private and social duties which is contrary to the accepted customs of the Tribe regarding justice, honesty, modesty, or good moral character.

(J)    Nonfeasance. “Nonfeasance” shall mean the omission or failure of an individual to enter upon the performance of some distinct duty or undertaking which he has agreed, explicitly or implied, to perform.

(K)    Public Monies. “Public monies” means all monies, bonds and evidence of indebtedness or their equivalent being in the possession of the Tribe for the Tribe, any other government, or any group or individuals.

(L)    Misconduct in Office. “Misconduct in office” shall mean committing an act that may be defined as:

(1)    A felony or other crime involving dishonesty or moral turpitude.

(2)    Bribery.

(3)    Improper influence.

(4)    Retaliation for past official action.

(5)    Nonfeasance or malfeasance in office.

(6)    Unofficial action if he knowingly withholds from his successor in office, or any other person who may be entitled, to the official seal, any records, papers, documents or other writings pertaining or belonging to that office or mutilates or destroys or takes away the same.

(7)    Embezzling or misusing public monies.

(8)    Perjury.

(9)    Tampering with public records.

(10)    Excessive absence from meetings without reasonable cause for such absences.