Tribal Codes of Ethics: Broad Applications of Ethical ...
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Tribal Council Appointed Officials Enterprise Employees Committee Personnel Program Personnel Volunteers Consultants Ethics Review Board Judges Chief Justice Methods: Introduction: There are 567 federally recognized Native nations within the United States. These Native Nations have been recognized to have the sovereign right to govern, which is based on a foundational legal decisions, treaty agreements, and federal legislation. This project provides a broad perspective of how compliance and conduct disputes are handled within tribal governance and management practices in Indian Country. The intent of this research is to better assist Native nations leaders in addressing ethical issues in a way that increases transparency and accountability within their nation. To date, the project has identified common factors that comprise these codes and considered innovative ways in which Native nations apply their ethics codes to ensure compliance and create healthy tribal work environments. Tribal Codes of Ethics: Broad Applications of Ethical Conduct & Compliance Across Indian Country Andrew Martinez, Joan Timeche The Native Nations Institute, The University of Arizona, Tucson, AZ 85721, United States 38 Tribal Code of Ethics Collected from online searches 19 Codes Cover the Tribal Council Only 19 Codes Cover Tribal Council & Tribal Entities Pokagon Band of Potawatomi Indians 5 Tribal Citizens | Standing Committee Staggered 3 yr. terms Ethics Review Boards: Ho-Chunk Nation 14 Tribal Citizens | Selected from 5 districts | Standing Committee Funded | 2 yr. terms Shingle Spring Band of Miwok Indians Composition: Tribal Chair, Chair Gaming Authority Board, Chair Gaming Commission Board, Chair Health Board, Chair Business Development, Chair Election Committee, Chair Enrollment Committee, Chair Elders Committee Ad-hoc Committee | Unfunded Ethics Officer selected by Tribal Council 5 member committee | 3 alternates Serve for single complaint Saint Regis Mohawk Tribe Composition and membership requirements are defined throughout the codes when an Ethics Review Board is mandated. This research highlights the innovative ways Native nations are addressing ethical issues arising in tribal governance and management. Enforcement Mechanism Enforcement oversight varies among the codes. Several codes allow for tribal council to review ethics violations and enforce judgments. Other codes delegate authority to independent review boards and the branches of government to enforce the ordered penalties. Tribal judiciaries can also used to enforce penalties. Ho-Chunk Nation Enforcement The President shall, within 30 calendar days of receipt of the Ethics Review Board final decision, enforce penalties for violation of the Code of Ethics for the following persons: Public Officials of the Executive Branch Members of Boards and Commissions Employees within the Executive Branch The Legislature shall, within 30 calendar days of receipt of the Ethics Review Board final decision, enforce penalties for violation of the Code of Ethics for the following persons: Public Officials of the Legislature President Chief Justice Members of the Gaming Commission Members of Election Board Members of the Ethics Review Board The Chief Justice shall, within 30 calendar days of receipt of the Ethics Review Board final decision, enforce penalties for violation of the Code of Ethics Act for the following persons: Associate Justice of the Supreme Court Trial Court Judges Entities covered by the Tribal Ethics Codes 4.06 Appointment Process: “The Selection Committee shall review all qualified candidates for the Board and shall make a recommendation to the Pokagon Band Tribal Council for each appointment. Each candidate recommended by the Selection Committee that meets with the Tribal Council’s approval may be appointed to the Board by majority vote of the Council.” 11.4. Ethics Review Board: “Subject to confirmation by the Legislature, the 14 Ethics Review Board Members shall be nominated by each District…” Section 11.(A) Ethics Committee; Ethics Hearings; Penalties and Consequences: “Ethics Committee Formation. An Ethics Committee (“Ethics Committee”) shall be empanelled whenever a Tribal Council, Board or Committee has met to discuss an ethics violation complaint and has given a written report to the Chairperson of the Ethics Committee.” Section VIII. Ethics Commission: 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.” Next Steps: • Gather more information to see if there is a correlation between implemented Tribal Ethics Codes and developing effective tribal governance and economic environments. • Develop survey questions to use during interviews with selected Native nations whose Tribal Ethics Codes we have collected. • Seek out codes from First Nations and other international Indigenous communities to gain a better perspective on ethical conduct and compliance outside of the U.S. Executive Legislative Judicial Referen ces: Alask a, S . T. o . (200 5). Cod e of Con du ct. Retrieved from htt p:// www. sitkatrib e. org / g ov ern men t /co un cil/docu men ts/01 03 Cod eofCo nd uct. p df In d ian s, P. B. o . P. (20 08 ). Ethics Co de. Retrieved from h tp :/www.p okag o n.co m/go vern men t/ co d es-an d-o rdinan ces In d ian s, S . S . B. o. M. (201 2). Et h ics Ordin an ce. Retrieved from www. sh in g lesp rin g sranch eria. co m/co nten t/resou rces/d own load s/ord inan ces/p ub li c/TribalCo un cilBoard an dCommitteesCo d eo fEt h ics. pd f Natio n , H.-C. (2 00 1). Cod e of Et h ics Act. Retriev ed fro m ho-ch u nk nation . com/med ia/1 94 57 /0 1. 2 2. 16 _co de_ o f_eth ics_ act_ 2 hcc1 . pd f Trib e, S. R. M. (2 00 7). Ethics Ord ina nce. Retriev ed fro m www. srmt-Nsn . gov/ _ up load s/site_files/temp _file_ ETHICS OrdAp r30 F INALpdf1 . pdf
Transcript of Tribal Codes of Ethics: Broad Applications of Ethical ...
TribalCouncil
Appointed Officials
EnterpriseEmployees
Committee Personnel
ProgramPersonnel
Volunteers Consultants
Ethics Review Board
Judges Chief Justice
Methods:
Introduction:There are 567 federally recognized Native nations within the United States. These Native Nations have been recognized to have the sovereign right to govern, which is based on a foundational legal decisions, treaty agreements, and federal legislation.
This project provides a broad perspective of how compliance and conduct disputes are handled within tribal governance and management practices in Indian Country. The intent of this research is to better assist Native nations leaders in addressing ethical issues in a way that increases transparency and accountability within their nation.
To date, the project has identified common factors that comprise these codes and considered innovative ways in which Native nations apply their ethics codes to ensure compliance and create healthy tribal work environments.
Tribal Codes of Ethics: Broad Applications of Ethical Conduct & Compliance Across Indian CountryAndrew Martinez, Joan Timeche
The Native Nations Institute, The University of Arizona, Tucson, AZ 85721, United States
38 Tribal Code of Ethics Collected from online searches
19 Codes Cover the Tribal Council Only
19 Codes Cover Tribal Council & Tribal Entities
Pokagon Band of Potawatomi Indians5 Tribal Citizens | Standing Committee
Staggered 3 yr. terms
Ethics Review Boards:
Ho-Chunk Nation14 Tribal Citizens | Selected from 5
districts | Standing Committee Funded | 2 yr. terms
Shingle Spring Band of Miwok Indians
Composition: Tribal Chair, Chair Gaming Authority Board, Chair Gaming Commission Board, Chair Health Board, Chair Business Development, Chair Election Committee, Chair Enrollment Committee, Chair Elders Committee
Ad-hoc Committee | Unfunded
Ethics Officer selected by Tribal Council5 member committee | 3 alternates
Serve for single complaint
Saint Regis Mohawk Tribe
Composition and membership requirements are defined throughout the codes when an Ethics Review Board is mandated. This research highlights the innovative ways Native nations are addressing ethical issues arising in tribal governance and management.
Enforcement MechanismEnforcement oversight varies among the codes. Severalcodes allow for tribal council to review ethics violations and enforce judgments. Other codes delegate authority to independent review boards and the branches of government to enforce the ordered penalties. Tribal judiciaries can also used to enforce penalties.
Ho-Chunk Nation EnforcementThe President shall, within 30 calendar days of receipt of the Ethics Review Board final decision, enforce penalties for violation of the Code of Ethics for the following persons:
Public Officials of the Executive BranchMembers of Boards and Commissions
Employees within the Executive BranchThe Legislature shall, within 30 calendar days of receipt of the Ethics Review Board final decision, enforce penalties for violation of the Code of Ethics for the following persons:
Public Officials of the LegislaturePresident
Chief JusticeMembers of the Gaming Commission
Members of Election BoardMembers of the Ethics Review Board
The Chief Justice shall, within 30 calendar days of receipt of the Ethics Review Board final decision, enforce penalties for violation of the Code of Ethics Act for the following persons:
Associate Justice of the Supreme CourtTrial Court Judges
Entities covered by the Tribal Ethics Codes
4.06 Appointment Process: “The Selection Committee shall review all qualified candidates for the Board and shall make a recommendation to the Pokagon Band Tribal Council for each appointment. Each candidate recommended by the Selection Committee that meets with the Tribal Council’s approval may be appointed to the Board by majority vote of the Council.”
11.4. Ethics Review Board: “Subject to confirmation by the Legislature, the 14 Ethics Review Board Members shall be nominated by each District…”
Section 11.(A) Ethics Committee; Ethics Hearings; Penalties and Consequences: “Ethics Committee Formation. An Ethics Committee (“Ethics Committee”) shall be empanelled whenever a Tribal Council, Board or Committee has met to discuss an ethics violation complaint and has given a written report to the Chairperson of the Ethics Committee.”
Section VIII. Ethics Commission: 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.”
Next Steps:• Gather more information to see if there is a correlation
between implemented Tribal Ethics Codes and developing effective tribal governance and economic environments.
• Develop survey questions to use during interviews with selected Native nations whose Tribal Ethics Codes we have collected.
• Seek out codes from First Nations and other international Indigenous communities to gain a better perspective on ethical conduct and compliance outside of the U.S.
ExecutiveLegislative
Judicial
References:Alask a, S . T. o . (200 5). Cod e of Con du ct. Retrieved from h ttp ://www.sitkatrib e.org /g ov ern men t/co un cil/docu men ts/01 03 Cod eofCo nd uct.p dfIn d ian s, P . B. o . P. (20 08 ). Ethics Co de. Retrieved from h ttp ://www.p okag o n.co m/go vern men t/co d es-an d-o rdinan cesIn d ian s, S . S . B. o. M. (201 2). Eth ics Ordin an ce. Retrieved from www.sh in g lesp rin g sranch eria.co m/co nten t/resou rces/d own load s/ord inan ces/p ub lic/TribalCo un cilBoard an dCommitteesCo d eo fEth ics.pd fNatio n , H.-C. (2 00 1). Cod e of Eth ics Act. Retriev ed fro m ho-ch u nk nation .com/med ia/1 94 57 /0 1.2 2.16 _co de_ o f_eth ics_ act_ 2 hcc1 .pd fTrib e, S . R. M. (2 00 7). Ethics Ord ina nce. Retriev ed fro m www.srmt-Nsn .g ov /_ up load s/site_files/temp _file_ ETHICSOrdAp r30 FINALpdf1 .pdf
