Chapter 2.04
STANDARDS OF CONDUCT AND RESTRICTED ACTIVITIES OF TRIBAL OFFICIALS AND EMPLOYEES
Sections:
Article I.
Article II.
2.04.050 Restrictions against conflicts of interest.
2.04.060 Abstention from official action.
2.04.070 Tribal government contracts – Restriction and bid requirements.
2.04.080 Restrictions against gifts or loans to influence official acts.
Article III. Sanctions and Penalties
2.04.090 Statement of violation – Hearing – Appeals.
2.04.100 Administrative sanctions.
Article I.
2.04.010 Title.
This chapter shall be known as the “Puyallup Tribe’s Standards of Conduct and Restricted Activities of Tribal Officials and Employees.” [Res. 200704 (07/20/04) § 1-1]
2.04.020 Policy and purpose.
It shall be recognized that Tribal officials and employees are public servants who have a fiduciary relationship to the Puyallup Tribe and to which they owe duties of loyalty and trust. Such individuals must perform their duties consistent with the highest standards of conduct, so as to promote integrity and confidence in public decision-making on behalf of the Puyallup Tribe and its members.
It is, therefore, the purpose of this chapter to promote and protect the integrity of the government of the Puyallup Tribe of Indians by prescribing essential restrictions against conflicts of interest without creating unnecessary barriers to public service.
It is the further purpose of this chapter to encourage the filing of legitimate complaints under this chapter without allowing complainants to participate in the decision-making process beyond the initial filing of complaints with substantiating evidence.
The standards established in this chapter are in addition to and not in lieu of ethical standards imposed by federal or other Tribal laws, including the personnel policies and procedures of the Puyallup Tribe. [Res. 200704 (07/20/04) § 1-2]
2.04.030 Definitions.
(a) “Tribal employee” means any person engaged for their services by the Puyallup Tribe in part- or full-time status and who receives compensation from the Tribe for his/her services; whether as agent, servant, representative, consultant, advisor, or otherwise.
(b) “Tribal official” means any person serving the Tribe by appointment of the Tribal Council or by a certified election of the Tribal members. [Res. 200704 (07/20/04) § 1-3]
Article II.
2.04.040 Standard of conduct.
(a) Every Tribal official and employee shall comply with all applicable laws of the Puyallup Tribe and must abstain from using any function of their office or duties in a manner which could place, or appear to place, their economic or special interest before the interests of the Tribe and its members.
(b) The Puyallup Tribe will require all Tribal officials and employees to pledge that they will strive to:
(1) Put loyalty to the Puyallup Tribe above loyalty to self-interest, or other persons, parties or governmental entities;
(2) Uphold the Constitution and Bylaws and regulations of the Puyallup Tribe;
(3) Not give special favors or privileges to others, whether for remuneration or not, nor sell influence to gain special favors for any person, business or governmental entity;
(4) Never accept, for himself/herself or for family members, favors, gifts or benefits under circumstances which might be construed by reasonable persons as influencing the performance of Tribal duties;
(5) Engage in no business with the Tribe, either directly or indirectly, which is inconsistent with the conscientious performance of Tribal duties and further make every effort in his/her private work to avoid conflicts of interest, unless participation in the conduct of the business, personal and Tribal, is deemed to be of no substantial effect on his/her integrity and any other interests are deemed insignificant;
(6) Never use any information gained confidentially in the performance of Tribal duties as a means of making private profits to the detriment of the Puyallup Tribe or any of its private endeavors;
(7) Never use his/her position in any way to coerce or give the appearance of coercing anyone to provide a financial benefit to himself/herself or another person;
(8) Expose corruption wherever discovered and report any and all violations of the Puyallup Tribe Criminal Code (Chapter 5.12 PTC) to the appropriate official;
(9) Never use his/her position to intimidate or coerce another to perform an unlawful act which may lead to the hiring or firing of an employee, or the awarding of a contract. [Res. 200704 (07/20/04) § 2-1]
2.04.050 Restrictions against conflicts of interest.
(a) General Prohibitions.
(1) No Tribal official or employee shall use, or attempt to use, any official or apparent authority of their office or duties which places, or could reasonably be perceived as placing, their private economic gain, or that of any special business interests with which they are associated, before those of the Tribe, whose paramount interests their office or employment is intended to serve.
(2) It is the intent of this section that public officials and employees of the Puyallup Tribe shall avoid any action, whether or not specifically prohibited by the standards set out herein, which could result in, or create the appearance of:
(A) Using public office for private gain;
(B) Giving preferential treatment to any special interest organization or person;
(C) Impeding governmental efficiency or economy;
(D) Losing or compromising complete independence or impartiality of action;
(E) Making a government decision outside official channels; or
(F) Adversely affecting the confidence of the people in the integrity of the government of the Puyallup Tribe.
(3) The Tribe shall not enter into any contract or other business transaction with any company, person, or other entity where the transaction would result in a significant benefit to any Tribal official or employee, or member of the immediate family of a Tribal official or employee, other than the official’s or employee’s regular compensation. The terms “contract” and “business transaction” as used in this section shall not include licenses issued by the Tribe or Tribal land leased by the Tribe.
(b) Use of Confidential Information for Private Gain. No public official or employees shall use or disclose confidential information gained, or had access to, while in the course of or by reason of his/her official position or activities, to further their own economic interest or that of anyone else. [Res. 200704 (07/20/04) § 2-2]
2.04.060 Abstention from official action.
(a) When a Tribal official or employee is required to take official action on a matter in which such official or employee has a personal or economic interest, he/she must eliminate that interest and disqualify himself/herself from any further action on the matter. The Tribal official or employee shall disclose any direct or indirect personal or financial interest in any matter affecting any business entity in which the official or employee is an officer, director, agent, employee, or in which he/she holds a direct or indirect substantial interest.
(1) A Tribal official or employee is considered to have a personal interest which is in conflict with the proper discharge of his/her duties if he/she has reason to believe that he/she will receive a monetary gain or suffer a direct monetary loss by reason of his/her official activity.
(b) The abstention by such person from voting or participating in further official action and determination shall not affect the presence of such person for purposes of establishing a quorum necessary for a governmental body to take action or vote on the matter. [Res. 200704 (07/20/04) § 2-3]
2.04.070 Tribal government contracts – Restriction and bid requirements.
(a) No Tribal official or employee or any member of such person’s immediate family shall be a party to, nor have an interest in the profits or benefits of, any governmental contract which the Puyallup Tribe is a party to, or of any investment of funds of the Puyallup Tribe, unless the contract or the investment meets the following requirements:
(1) The contract is let by notice and competitive bid or procurement procedure as required under all applicable laws, rules, regulations and policies of the Puyallup Tribe and the federal government, for necessary materials or services for the governmental agency or entity involved; and
(2) The contract was entered into or the investment was made in the continuous course of a business transaction commenced before the Tribal official or employee assumed their current term of office or employment; and
(3) The entire transaction is conducted at arm’s length, with the governmental agency’s full knowledge of the interest of the Tribal official or employee or a member of their immediate family; and
(4) The Tribal official or employee has taken no part in the determination of the specifications, deliberations or decision of a governmental agency with respect to the Tribal contract; and
(5) The Tribal official or employee is not a member, office holder, employee or otherwise directly associated with the same governmental agency or entity primarily responsible for letting, performing, receiving, regulating or otherwise supervising the performance of the contract.
(b) The Puyallup Tribe, its governmental bodies and political subdivisions shall not enter into any contract with, nor take any action favorably affecting or economically benefiting in any manner differently from members of the public at large, any person, business, or governmental or other entity which is assisted or represented personally in the matter by a former Tribal official or employee whose official act, while a Tribal official or employee, directly contributed to the making of such contract or taking of such action by the Puyallup Tribe or any government body or political subdivision thereof. [Res. 200704 (07/20/04) § 2-4]
2.04.080 Restrictions against gifts or loans to influence official acts.
(a) General Restriction. Except as otherwise provided herein, no Tribal official or employee shall solicit or accept, for themselves or another, any gift, economic opportunity, favor, service, or loan (other than from a regular lending institution) from any person, organization, or group which has, or is seeking to obtain, contractual or other business or financial relationships or approval from any government office or entity. Nor shall any Tribal official or employee utilize Tribal funds or assets to secure any loan or other contractual obligation for personal gain.
(b) Permitted Gifts and Awards. Nothing contained in this section shall be construed to prohibit:
(1) An occasional nonfinancial gift not to exceed $50.00 in value; provided, that such gifts exceeding this maximum value may be accepted on the condition that the gift shall become the property of the Tribe and not of the individual recipients;
(2) Gifts from and obviously motivated by family or social relationships, as among immediate family members or family inheritances;
(3) Food or refreshments customarily made available in the ordinary course of business meetings where a Tribal official or employee is properly in attendance;
(4) A nonfinancial award or honor customarily and publicly presented in recognition of public service. [Res. 200704 (07/20/04) § 2-5]
Article III. Sanctions and Penalties
2.04.090 Statement of violation – Hearing – Appeals.
(a) Any person who in good faith and based upon reasonable information and belief contends that a violation of this chapter has occurred, may file a written statement, including substantiating proof and evidence, with the Tribal Council Secretary. The statement must contain the facts giving rise to the violation, any substantiating proof and/or evidence, the identity of the person or persons believed to have committed the violation, and the signature of the person submitting the statement. Once the complaint and any substantiating proof and/or evidence have been filed with the Tribal Council Secretary, the complaining party shall not be a party nor have any further right to participate in the decision-making process. The Tribal Council Secretary shall refer all complaints to the Chair of the Ethics Board for consideration.
(b) All complaints arising under this chapter shall be presented not later than 3:00 p.m. on the thirtieth working day after the occurring of the incident at issue in the complaint.
(c) No later than 10 business days after receiving the statement, the Ethics Board shall afford the alleged violator an opportunity to address the charges, present evidence, and be represented by anyone of their own choice and at their own expense.
(d) Within five working days following the completion of the hearing, the Ethics Board will issue a final written determination which the alleged violator may appeal to the Tribal Court. Any decision rendered by the Tribal Court will be final and no further appeals will be allowed. [Res. 200704 (07/20/04) § 3-1]
2.04.100 Administrative sanctions.
(a) Upon final determination by the Ethics Board, after opportunity for hearing, findings, review and recommendations as hereinabove provided, that any elected Tribal official or Tribal employee has violated any provision of this chapter, the Ethics Board may resolve to impose any or all of the following sanctions and penalties:
(1) Removal, discharge or termination from Tribal office or employment in accordance with applicable Tribal law and procedure.
(2) Suspension from Tribal office or employment and forfeiture of all compensation and benefits accruing therefrom, for not less than five days nor more than 60 days.
(3) Issuance of a written public reprimand, which shall be entered into such person’s permanent record of employment or office and upon the permanent record of the Tribal office or entity of which such person is a member or employee, according to provisions of applicable Tribal law and procedures.
(4) Issuance of a private reprimand to such person, with or without suspension of any or all other sanctions provided herein, upon such terms and conditions the Ethics Board shall deem appropriate.
(b) No sanctions or penalty provided herein shall limit any other powers of the Puyallup Tribal Council, Puyallup Tribal Courts, Judicial, Executive or Administrative Branches of the Puyallup Tribe, nor of any other entity or administrative officials or employees under the applicable law, rules, regulations or procedures. Accordingly, any Tribal employee of the Puyallup Tribe may be further subjected to additional discipline, including suspension without pay or other benefits and dismissal as provided by other laws, regulations and personnel policies or procedures applicable thereto.
(1) The imposition of any sanction herein shall not operate to bar institution of or liability for any other civil, criminal, or misdemeanor action, judgment, liability or punishment applicable hereto, nor shall any sanction hereunder be barred thereby. [Res. 200704 (07/20/04) § 3-2]
2.04.110 Other civil damages.
(a) Tribal officials and employees shall, upon opportunity for hearing and final determination as provided hereunder, and without regard to the imposition of any administrative sanction or criminal conviction, be further subject to, and personally liable for, the following civil penalties:
(1) Any Tribal official or employee who realizes an economic benefit as a result of violation of any prohibition or restriction set forth in Article II of this chapter shall be liable to the Puyallup Tribe for civil damages in an amount not exceeding three times the amount or value of the benefit or benefits so obtained.
(2) If two or more persons are responsible for any violation, each of them shall be liable to the Puyallup Tribe for the full amount of any civil damages prescribed herein, the full amount of which may be imposed upon and collected from each of them individually.
(3) Any civil penalties imposed hereunder shall be collected in any manner authorized for recovery of debts or obligations owed to the Puyallup Tribe and shall be paid into the General Fund of the Puyallup Tribe.
(4) No imposition of any or all civil damages provided herein shall be a bar to institution of any other civil, criminal, or misdemeanor action, judgment, liability, conviction or punishment otherwise applicable hereto, nor shall determination of any such civil damages be barred thereby.
(b) The Ethics Board shall determine whether a civil action should be filed and may refer the matter to the Tribal Prosecutor to proceed with the action in Tribal Court. [Res. 200704 (07/20/04) § 3-3]
2.04.120 Criminal penalties.
In addition to the administrative and civil sanctions contained in PTC 2.04.100 and 2.04.110, the Ethics Board may refer the matter to the Tribal Prosecutor to determine whether a violation under the Tribe’s Criminal Code (Chapter 5.12 PTC) has also been committed. If the Tribal Prosecutor does determine that a criminal violation has occurred, he/she shall file the complaint in Tribal Court, and proceed in the same manner applicable to any other offense. [Res. 200704 (07/20/04) § 3-4]