tp 1-0100 tribal code of ethics

8/10/2019 TP 1-0100 Tribal Code of Ethics

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REDDING RANCHERIATRIBAL GOVERNMENT POLICIES

Chapter TP 1100

Tribal Code of Ethics

April 11, 2007


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REDDING RANCHERIA TRIBAL GOVERNMENT POLICIESChapter TP 1100


April 11, 2007 TP 1100 Page 1

Index

Text Page

SECTION 1: PURPOSE 2

SECTION 2: BACKGROUND AND INTENT 2

SECTION 3: DEFINITIONS 2

SECTION 4: DELEGATED AUTHORITY (Reserved) 2

SECTION 5: GENERAL STATEMENT OF POLICY 2

SECTION 6: CONFLICT OF INTEREST 3

SECTION 7: ACTUAL OR APPARENT IMPROPRIETIES 4

SECTION 8: SANCTIONS REGARDING TRIBAL PERSONNEL 6

SECTION 9: SANCTIONS REGARDING TRIBAL COUNCIL MEMBERS 7

SECTION 10: USE OF FUNDS AND EQUIPMENT 7


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REDDING RANCHERIA TRIBAL GOVERNMENT POLICIESChapter 1100


TP 1100 Page 2 April 11, 2007

SECTION 1: PURPOSE

To set forth the specific ethical standards governing the conduct of all members

of the Tribal Council, committee members, employees and officials who work forthe Redding Rancheria and its subordinate organizations.

SECTION 2: BACKGROUND AND INTENT

The Tribal Council of the Redding Rancheria has determined that is it in the bestinterest of the Tribe that clear direction be given to all persons who serve in anyofficial capacity of the Tribe. This policy is intended to outline the standard ofconduct that is expected of persons who serve the Tribe. The conduct that isexpected of persons serving the Tribe will reflect the Tribal Councils intent ofprotecting the interests of the members of the Tribe, promoting the members

trust of the Tribal government and protecting the reputationand integrityof theTribal government.

SECTION 3: DEFINITIONS

(a) Conflict of interest is defined as a personal or financial interest that isseparate from or adverse to the Tribe.

(b) Tribal employee is defined as a person who is working for the tribe or oneof its subordinate organizations.

SECTION 4: DELEGATED AUTHORITY (Reserved)

SECTION 5: GENERAL STATEMENT OF POLICY

(a) Prohibition against Conflicts of Interests and Acts that Involve Actual orApparent Impropriety: All persons acting in an official capacity on behalf ofthe tribe,

(b) Including but not limited to Council Members, Chief Executive Officer,Chief Operating Officer, Chief Financial Officer, and Department Heads

are prohibited from engaging in behavior involving a conflict of interest oracts that involve actual or apparent impropriety, as those terms aredefined in this policy.


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April 11, 2007 TP 1100 Page 3

SECTION 6: CONFLICT OF INTEREST

(a) A conflict of interest, for the purposes of this ordinance means action or

conduct by a Tribal Council member, Tribal employee, or others servingthe Tribe, taken on behalf of the Redding Rancheria. The person takingthe action in question has or may foreseeably develop a personal orfinancial interest that is separate or adverse to the Tribe. Specific actsthat are deemed definite conflicts of interests under this ordinance includebut are not limited to the following:

(1) Council members shall not vote or otherwise make substantivedecisions on matters in which the member, the membersimmediate family, (mother, father, brother, sister, son or daughter)outside business associate, or person with whom the member is

negotiating for purchase of goods or services or for employment,has or may foreseeably develop a financial interest. The Councilmember may participate in the discussion of such matters, so longas that member first makes a full disclosure on the record to theCouncil stating his or her interest in the matter.

If, after all members state their interest and abstain from voting andthere are not enough remaining voting members to establish amajority of voting members, then all the Council members will statetheir interest for the record and all of the members present will voteon the particular matter.

(2) Council members shall not, unless authorized by the Tribal Council,represent Redding Rancheria or bring action as a ReddingRancheria member before any court, federal or state government inany proceeding in a matter in which the Tribe is a party or has aninterest.

(3) Council members, Tribal employees, and other officers of the Tribeshall not employ any blood relative or relative by marriage on anybasis other than merit or on the basis of the Redding Rancheriashiring preference policy.

(4) Council members, Tribal employees, and other officers of the Tribeshall not take employment that is not compatible with their dutiesand responsibilities to the Tribe as a Council person, staff member,or officer of the Tribe.


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TP 1100 Page 4 April 11, 2007

(5) Council members, Tribal employees, and officers of the Tribe shallnot engage in any personal investments that they become aware ofas a result of their position in the Tribe unless they first disclose the

opportunity to the Tribal Council and the Council votes not to takeadvantage of the opportunity.

(6) Tribal Council, Tribal employees, and officers shall not engage incontracting or procurement of goods in which they have a personalor financial interest, unless the interest is fully disclosed to theTribal Council and the Council votes to approve the transaction.

(7) It is the policy of Redding Rancheria that a person may serve as aRedding Rancheria employee or official and also be elected toserve as a Tribal Council member. Persons serving as both a

Redding Rancheria employee or official and a Tribal Councilmember shall not vote on issues that involve a financial interest tothe individual. This includes but is not limited to pay raises,additional days off with pay, or any other fringe benefits that aperson may acquire as an employee.

If after all Council members state their interest and abstain fromvoting and there is not a majority of disinterested voting membersremaining then all the Council members will state their interest andall present Council members will vote on the issue.

SECTION 7: ACTUAL OR APPARENT IMPROPRIETIES

(a) The Tribe's reputation and integrity are of utmost importance andtherefore the Tribe will not tolerate acts of actual or apparentimproprieties.

(b) Acts involving an actual impropriety are those actions by a Tribal Councilmember, Tribal employee, or official that involve illegal conduct, actsinvolving an abuse of power, acts involving dishonest conduct or acts thatwould do a disservice to the Tribes reputation.

(c) It is also of the utmost importance that any transactions in which the Tribeis involved have no actual or appearance of impropriety. Therefore, anyacts that have even the possibility of an appearance of conflict should bedisclosed and dealt with before the transaction goes forward. The actsprohibited under this Ordinance that constitute acts involving actual orapparent improprieties include but are not limited to the following:


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April 11, 2007 TP 1100 Page 5

(1) Serving as an official or employee of the Tribe while intoxicated orunder the influence of illegal drugs.

(2) Misappropriation or misuse of Tribal funds.

(3) Concealing, removing, mutilating, or destroying Tribal records, orcopying Tribal records for improper purposes.

(4) Committing perjury or fraud.

(5) Involvement in actions or activities that bring discredit or disrespectto the Tribe.

(6) Knowingly engaging in illegal activity while a Council member,Tribal official, or employee.

(7) Representing oneself as acting on behalf of the Tribe without theauthorization to do so. The Tribal Councils policy is to officiallydesignate certain persons to represent the Tribe on particularissues depending on the expertise of the individual and/or to issuepress releases that state the overall position of the Tribe onparticular issues.

(8) Soliciting or accepting, directly or indirectly, gifts, gratuities, favors,

entertainment, loans, kickbacks or any other thing of value from anyperson, group or private organization who is either seeking toobtain contractual or other business with the Tribe or has intereststhat may be substantially affected by the performance or non-performance of the Council members duty, with the followingexceptions:

(A) Ceremonial and customary gifts generally granted todignitaries;

(B) Food and refreshments of a nominal value in the ordinary

course of a luncheon or dinner meeting;

(C) Personal achievement awards for meritorious service;

(D) Unsolicited advertising or promotional material of nominalvalue;


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TP 1100 Page 6 April 11, 2007

(E) Loans on customary terms to finance proper and usualactivities on the same basis as any other enrolled member ofthe Tribe;

(F) Items of value above $50 which have been disclosed andapproved by Tribal Council for Tribal Council and the ChiefExecutive Officer or by the Chief Executive Officer for Tribalemployees.

(9) Using ones position in tribal government to coerce, threaten orintimidate a person or group to provide financial benefit or otherpersonal gain for self, family, business associate or for any otherpurpose.

(10) Using ones official title in Tribal government to conduct personalbusiness.

(11) Knowingly making public any subject matter of a confidential naturereceived in connection with ones duties as an official or employeeof the Tribe, including but not limited to:

(A) Matters discussed during Tribal Council executive session;

(B) Matters protected as confidential under federal, state, orTribal law;

(C) Information given to a tribal official or employee with thereasonable expectation that such information would be keptconfidential;

(12) Engaging in improper conduct or gross neglect of duty.

SECTION 8: SANCTIONS REGARDING TRIBAL PERSONNEL

Any Tribal employee, except for the Chief Executive Officer, who violates the

prohibitions set out under this section shall be subject to disciplinary action by theChief Executive Officer, which may include immediate termination of employmentif circumstances warrant. If the Chief Executive Officer violates the prohibitionsset out under this section, he or she shall be subject to disciplinary action by theTribal Council, which may include immediate termination of employment ifcircumstances warrant. Employees disciplined according to this section shallhave recourse to the grievance procedures set out in the Tribes PersonnelManual.


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April 11, 2007 TP 1100 Page 7

SECTION 9: SANCTIONS REGARDING TRIBALCOUNCIL MEMBERS

Any Tribal Council member who violates the prohibitions set out under this

section shall be subject to being removed as a Tribal Council member by themajority vote of his or her fellow Tribal Council members excluding members thatare immediate family members, or a Tribal Council member shall be subject toremoval by a petition of 2/3 of the adult member population.

SECTION 10: USE OF FUNDS AND EQUIPMENT

Tribal officials and personnel entrusted with Tribal funds or equipment forcarrying out Tribal business shall be subject to the following requirements andprocedures to ensure that there is a uniform system and to avoid actual orapparent impropriety.

(a) Funds:

Tribal officials and personnel shall be held personally accountable andliable for Tribal funds entrusted to their control in connection with theirofficial Tribal duties.

(1) Tribal funds withdrawn for specifically authorized purposes byTribal officials or personnel shall be used for those specificpurposes only.

(2) In all cases, Tribal funds not expended for authorized purposes (i.e.travel money) must be repaid by the responsible Tribal official oremployee within three working days after the date in which suchfunds were to have been expended or within three days after travelhas been closed on the books.

(b) Equipment:

Tribal officials and employees shall be held personally accountable andliable for all equipment entrusted to their personal use in connection with

conducting Tribal business.

(1) Tribal officials and employees shall not use or authorize the use oftribally-owned or leased motor vehicles and other transportationequipment for other than officially authorized tribal purposes.


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(2) Tribal officials and employees shall not use or authorize the use ofall other tribal-owned or leased equipment for other than officiallyauthorized tribal purposes.

(3) The sovereign immunity of individual Tribal Council members,Tribal officials, and employees alleged to have violated this sectionis waived to the extent that the Redding Rancheria Indian Tribe canpursue action to recoup any loses it may have incurred as a resultof the actions of the individual. This provision in no way waives thesovereign immunity of the Redding Rancheria Indian Tribe.

This policy is not intended to be exhaustive as to the conduct that should governTribal Officials, tribal employees and Council members of the ReddingRancheria. It is a statement of intent and expectation that all officials and

employees of the Tribe act in ways that uphold the integrityand reputationofour Tribe.

Legislative History:

Originally Adopted by Tribal Council Resolution dated October 21, 1997.

Amended by Tribal Council Resolution #018-04-11-07 dated April 11, 2007.

tp 1-0100 tribal code of ethics

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