§ 6-204 Anti-bribery and corruption violations.
A. Elected officials and tribal officials shall not solicit or accept, directly or indirectly, any gift of value, if the gift could reasonably be expected to influence the vote, official actions or judgment of the elected official or tribal official, or could reasonably be considered a reward for any official action or inaction.
B. Elected officials and tribal officials shall not use or attempt to use their position to influence or gain unlawful benefits, advantages or privileges personally or for his or her immediate family.
C. Elected officials and tribal officials shall not accept privileges or benefits, other than those granted by the Tribe through official action, which may affect his or her ability to remain objective in the performance of his or her duties.
D. Elected officials and tribal officials shall refrain from engaging in any of the following activities:
1. Entering into arrangements with tribal members for compensation in matters that are before the Tribal Council.
2. Engaging in negotiations with businesses or other governments conducting commercial activity with the Tribe without the knowledge and authorization of the Chairperson or Tribal Council.
E. Elected officials and tribal officials shall not knowingly or intentionally seek to, in any manner, benefit from the profits of any contract, job, work, or service for the Tribe, or accept any service or thing of value, directly or indirectly, upon more favorable terms than those granted to the public generally from any person, firm, or corporation having dealings with the Tribe.
1. An elected official or tribal official may, upon written request to Tribal Council, obtain a waiver of the prohibition in subsection (E) of this section from the Tribal Council. The Tribal Council may request any information related to the conflict of interest, and such information shall be provided to Tribal Council. Tribal Council may only approve a waiver under this section by a duly made motion.
2. The elected official or tribal official will not be present and participate in any decisions, including Tribal Council, committee, commission or board decisions, if the declared potential conflict of interest could influence the decision or actions of the Tribal Council, committee, commission, or board. It is the obligation of the elected official or tribal official to declare such potential, apparent or actual conflict of interest before discussions take place so that the Tribal Council, committee, commission, or board is aware of the situation in order to ensure that the elected official or tribal official is out of the room when the discussion and decision process on the item in question is taking place. This course of action should be recorded in the minutes of the meeting.
3. If an elected official or tribal official is awarded a contract, the Chairperson, chief executive officer, or general manager, or his or her designee, as applicable, must disclose the award to Tribal Council prior to the execution of the agreement.
F. Elected officials and tribal officials shall not knowingly or intentionally seek to use their official influence to assist any person for a fee or other compensation other than the compensation that is provided by law. The performance of usual and customary member services without additional compensation does not constitute the use of prestige of office for private gain.
G. Elected officials and tribal officials shall not accept a gift, as defined in Section 6-104:
1. From a person seeking to obtain a contract, grant, loan, employment, or any financial relationship from or within the Tribe; or
2. From a person or business having a financial relationship with the Tribe if the value of the gift is more than one hundred dollars ($100.00).
H. It is not a violation for an elected official or tribal official to accept gifts from clubs, conventions, conferences, special interest groups, school groups, and other gatherings as long as the gift is not cash.
I. An elected official or tribal official may not accept an honorarium for participating in an extragovernmental event, ceremony, or similar function in their official capacity; provided, that he or she may accept an honorarium for participating in such event in their personal capacity and on their own time. (Res. 2021-43; Res. 2019-46; Res. 2016-36; Res. 2015-2)